Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1913-02-20
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2
s a I'll q November s 1885, !
Trial of the H4rpers Ferry Insurssnss.
1sa tcSondtain3aasd from pSliR Est week. 81 "
MI. Hs sslil POI sss tRs force
st;tbs, objeqtIppsi made by che learned
counsel, Oh ther othsri Isid, n regard
TO- tbs, separate pffsnsas being enlarged
these were l Rpt f different m parts Of ens
Er3atpIfia p q1Rrsssssoq olni1 d9idH.a q
Ioi Mr.. Hunter followed on, the same
side He replied to the argument of
Mr.. Chiffon saying that the discretion
of, the Court in compelling the prosecu-
ton to elect; one court in the .indict-
ment is only exercised where great
embarrassment would otherwise result
to- the prisoner. AS applied to this
particular case, it involved this point,
that notwithstanding the transaction,
as has been disclosed in the evidence,
be one transaction continued, close
ly connected series of acts, which &C
scordipg t6our sperehenson Of the law
sof the lana. involve The three great
sqftenses Of treason, conspiring with,
and advising slaves to make insurreffr
ton, and preparation of murder. Yet
INA case pi this character it is not only
right, but proper for the Court to put
the pgosecytionl their election, as to one
of the three, and bar us from the in
vestIgati6nsof the two Fothers entirely,
although they relate to facts involved
I'm one igaaadI fact. { Rotwith standing
the multiplicity of duties involved upon
the prosecution and assistant prosecu
! tor. yet we have, found time TO be
guarded and careful Gin regard to the,
mode of framing the Indictment. It is
my work, and propose to defend it as
right and proper. He then proceeded
to quo Chitty's Criminal Law and 8
,Rabinson' $, Practice, to prove that the
discretion of the Court there spoken Of
is only to be exercised in reference TO
the fuTtherance of the great object. il in
view-the attainment Of justice.
Where the pEisonaeTr is not embarrassed
in making his defense. this discretion
|fis noF to be exateised :bs the court, and
no case can be shown where it!has been
thus Exercised; where The whole ground
|aeftte irriictmens referred to one and
the same transaction. This very. case
lin point would show ahe absurditya of
! the principle, ifsiH were as broad az
contended for by his learned friend.
As for the other point of objection, it
was too refined and subtle for his poor
intellect. ,@
Mr.. Chiffon responded. In order 70
ascertain what party is tried for we
must 20 to the finding Of the grand
jury. If the grand jury return an in
dictment charging the party with mat'
der, finding a true bill for that. and be
should be Indicted for manslaughter or
| any other offense .theFcourt would not
have jurisdiction 40 try him on that
count in the Indictment, and the whole
question turns on the construction OF
the section Of the statute which has
been read, namely whether or not ad-
vising or conspiring with slaves to re!
bel in separate and distinct ofense
from consp ring with other persons to
Induce slaves to rebel. s.
Mr.. Chiltan said be would reserve
the motion as sashasis for a motion in
arrest Tof Judgment
GMr GrisWold remarked that the posi-
ton Of all the present. counsel Of the
prisoner was one of very great embar-
rassnent. they had no disposition t.
| interfere with IRE course Of praatica I,
but it was the desire 81, the defendant
chat this case should be argled, He
supposed that counsel could obtain suf.
| fcient knoWledge Of the evidence pre-
viously taken BY reading the notes Of it
But it wassnoW nearly dark. He sup
posed, lift was 70 be argued at all, thu
'argumentfe the Comnonwealth weulc
probably ocedpy the attention of til.
court until the usual hour of adjourn
mentvunless it was the. intentieNltf
continue late evening session. From
what had heretofore TRANSFERRED he feli
La delicacy in making any requestlof th'
Efcourt; but knowing that the case wal
now ended. except for mere argument
he did not know as it would be asking
too much for the court to adjourn afte
| the opening argument on behalf of tn
prosecution .t.sss,5 it,e3sH a
| Mr.. Hunter would cheerfnIly shea
| testimony to the unexceptionahle man
ner in which the counsel who had jus
4 taken his seat had conducted the exam
| nation Of witnesses todayso 1t woul
| afford him very great pleasure. I'm a
liordinary cases., to agree to gthe dipdul
/ genee of such a request as the gentle
man had just made. and which was er
tirely natural. But he was bound {
remember. and respectfully to remin
the court. that this state of things
(which places counsel in a somewha
embarrassing position in aconductin
j the defense, IS purely and entirelysth
Eact of the prisoner. His counsel wi
not be responsible for it. the caurt
: not responsible for it; but the unfol
tu1ate prisoner is responsible for b
.ewn, act q, ,dismissing, his fMtAid
Kskiiiful, and jealous counsel on yester
. day afternoon He would simply ad
that not only were the Jurors ker
!; away from their families BY these ID
lays. but there could not be q female i
this county who whether with g00
cause or not. was not trembling wit
81 .n...nL .v..-.. I1H III iie8...s