The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-09-18
THE TRIAL or JOHN BROWN.

tory of Virginia BY the Hon. Geo. "
caskie, OF Lynchburg, in the recent
publication of his address on The
Trial of John Brown" which was de-
livered at the 1909 meeting OF the
Virginia Bar Association. This pa
per. which stresses the legal phase of
the trial of the famous Abolitionist,
shows many evidences of careful re-
search into the personal and political
life OF John Brown. Says Mr. Caskie:
THE trial of John Brown did not
establish any great legal principles,
nor is it pre- eminent as a great legal
battle, but the conditions out OF which
ii grew were as monentous as those
connected with any of the great con-
tests which had preceded or whlch
have followed it and place 1t wen UP
in the list of important Trials.
After reviewing Browns early ca
reer and pointing out the ever-in-
creasing intensity OF his hatred for
the slave holders of the South, Mr..
Caskie gives in full the facts OF the
insurrection at Harper's Ferry. Brown
thought that the whole country should
be aroused. He believed that the at
tack upon Harper's Ferry would be as
a great hugle blast at which all Of the
slaves and their friends would rally,
and, armed with rifles and pixies,
would be practically invincible." The
story of the siege and taking of the
Arsenal in which Brown and his con-
federates were entrenched Is told.
bringing out the interesting fact that
Captain j. E. b. Stuart, sftcrward the
great cavalry leader of the Confeder-
acy. was the first Virginian to recog-
nize Brown, having known him in
Kansas.
An Illuminating comment is made
by MIR. Caskie when he says:
When Brown reached Harpers Fer
ny. his first act was to take possession
OF the United States property. and to
ogerpower and remove the United
States guards found there. When fl
nally captured, 1t was by United
states troops upon United, States prop
crty, after a fight in which one of the
United States Marines was killed
Were these occurrences to take place
to-day, it will hardly be doubted that
Jurisdiction of the whole matter would
be taken by the United States Courts
AS Brown was anxious for time,
and doubtless would have preferred
that his trial should be held as re.
mote from the scene of his crime as
possible, it seems strange that he and
his friends did not make an effort to
invoke the Federal jurisdiction, 1t
only goes to show how the rights of
the States We're then regarded as para
mount to even those of the General
Government"
There was preliminary examine
ton of Brown and his associates by
eight justices of the peace, according
to law. The Commonwealth was rep
resented by Charles Harding the Com
monwealth's Attorney of Jefferson
county, and Andrrew Hunter, who was
appointed srsqfS. prosecutor. The
court assigned c. j. Faulkner (who
later declined to act) and j. Bolts to
defend the prisoners The examination
was uneventful and the prisoners were
sent on to the grand jury. Brown
made a statement to the court of a
rather erratic nature, declaring that
he wanted no "mockery of trial"
1t so happened that the Circuit
Court of Jefferson County was about tc
open Its fall session, and when it did
so, grand jury was impanelled. and
1t returned five bills against Brown
Stevens. Coppoc, Copeland and Shields
Green tthe last two negroes) for trea.
son. advising and conspiring with
slaves and others to rebel and for
murder" each offence punishable with
death.
The first day of the actual trial was
devoted to the selection of the Jury
1T is remarkable that in the then
condition of the public mind" SAYS
Mr.. caskie, and the universality OF
the feeling, that twenty-four Jurors
free from exception, should have been
obtained out of the first thirty cigh,
persons called"
IT is interesting to note that then
as now, the plea of insanity as bal
TO punishment was in vogue. We are
told by Mr. caskie that on the second
day Mr.. Bolts stated that he was in.
formed that there was insanity II
Browns family and he desired a shor
time to obtain the facts as 20 that in.
formation, While he was in the midsr
q bis argument on this point Brown
rose from his cot--on which he lay In
the court and denied "that
there was any insanity in his father,
fslniiy. denied that lie was mental,
detective. and took issue with the no.
stion Of his attorney" Mr.. Bolts ans
Ar. Green, his other counsel insisted
on an Investigation, bw N.e cour,
ruled the request out because Their,
was no sworn statement az 10 the de,
tense of insanity.
The evidence Introduced was largel,
that Of persons OF the yicinage who
testified as 10 the acts of Brown ap(
lis associates! Correspondence win
leading Aboiitionist agitators wa.