Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1908-06-25
"reminiscences Of the John BROWN jury.

viving member of the jury that con-
victed John Brown, the Harper's Ferry
raider, continues in excellent health
at his home in Delaplane, Fauquiel
county, Virginia. A few days ago he
was in Washington, and recounted the
history of the Brown trial. The jury
which tried Brown, and of which Mr.
Martin is the only living member, was
composed of John c. Wiltshire, fore.
man, Geo. W. Boyer, ThOs. Watson
Jr., Geo. W. Tabb, John O. Mcclure,
Richard Timberlake, Joseph Myers,
Thos. Osbourn, VIM. A. Martin, Isaac
Dust, William Rightstine and j. j,
Miller.
Only one of these jurors afterward
served in the Confederate army, be-
cause, as Mr.. Martin explained, most
of them were over the age for military
enlistment, while others we're mer-
chants who were exempt in the first
years of the war. Nor did any but
one member of the jury meet with
horrible deaths or "retributive dis
aster" in after years, as has been
widely published.
Isaac Dust lived to be ninety
three years of age, MIR. Martin said,
"while am seventy-seven, and still
hale, hearty and happy. Tabb, Tim
berlake, Mcclure and Wiltshire all
lived to reach the seventy.6ve mark,
and the remainder lived to pass over
sixty.fve years. The statement that
has been made that men of mature
age could not be procured for the
Brown jury and that the twelve jurors
were inexperienced strlplings is also
false. They we're responsible men
and reputable citizens of the commu.
nifty in which the offences were COM
mitted. 1t must be remembered, too,
that John Browns ofenses were not
alone against the State Of Virginia and
the shareholders. When he seized
the government arsenal at Harper's
Ferry he committed a most unlawful
act against the Unitee States.
"John Brown, at the conclusion of
his trial when theJury had pronounced
him guilty as indicted, did not call
down the wrath of heaven or utter an
anathems against the twelve men, as
has been said. he received the YER
dict in glum silence. According to the
laws of Virginia culprit could not be
executed until thirty days had elapsed
since his conviction. The authorities
hanged him the thirtieth day after sem
tence had been pronounced against
him. He was executed by himself, the
others being taken to the gibbet in due
course Of time after their conviction.
l did not see any of the hangings, but
made haste to my home after the trial.
The trials and executions were held at
Charles Town, the county seat, seven
miles from Hsrper's Ferry. The town
was filed with excited men and wom-
en-, and great caution was taken to
prevent violence to the prisoner, who
was roundly denounced by all.
"The jurymen were kept locked up
in the attic of an old tavern, and on
Sunday Judge Parker gave the sherifs
who were guarding US permission to
take us to a meetingin Presbyterian
church, where we heard old Elder Dut-
ton preach, but he was not allowed to
refer to the trial in his sermon. The
only juror who entered the Confeder-
ate army was G. W. Boyer.
Mr.. Martin also related a piece Of
unwritten history concerning the trial.
He said the jury came near being
chung" by the attitude of one of the
members who could not understand
Judge Parker's charge that "if the ju-
ry found from the evidence that John
Brown was guilty they should find
him guilty and nothing more. One Of
the jurymen construed the courts re-
marks to mean that there might be a
loophole through which the prisoner
might escape hanging. He wanted
him executed. This was Strengthened
out by the judge, who informed the
Juror that sentence Of guilty carried
with it the death penalty. This suited
the jurymsn and he voted with the
others for conviction. Mr.. Martin will
be seventy-seven years old in July
next.
Nature has provided the stomach