Year: 1859




policy OF the State of Virginia.


Ia regard to the telegram read, we know not who


ms MI. Lewis Is, we know not whether he is tC
come here as counsel for the prisoner or whether
| he wants to head band of desperadoes to rescue
the prisoner. We have right to believe the lat


ter as well as the former! There had been time


enough since the letter for northern counsel was
mailed on that Saturday, for it to reach him and


for him to arrive here this, if he had designed
coming. 1t was fairly inferabe that he did not


intend to come. And the telegraphic despatch did


not say that he would come. But, might it not be


an attempt to gain time and learn the latest day
when rescue could be attempted? While COM


mending the carnestness and zeal of the prisoners


counsel, he must ask the Court to reject the motion
and proceed with the trial at once


Mr. Harding said he would be reluctant to with


hold from a prisoner charged with crime of the


greatest enormity as in the present case, anything


calculated to afford him the amplest opportunity of


justice but he had able and intelligent counsel as


signed him who would see that he was tried fairly


and impartially. And. he therefore fully concurred


win the remarks OF his colleague in opposing the


motion lie referred also to the fact that Capt


Brown pretended yesterday afternoon that he was


unable to walk, and he brought into court on a


bed-yet he walked back to Jail after the close of


the court without difficulty. He thought these were


mere pretences for delay which the court should
! Overrule.


Mr.. Green remarked that one days delay would


be sufficient to ascertain whether the expected coun-


sci would come or not, and prejudice could re-


suit to the Commonwealth from small delay of


tidb CHdTdCltF- IN reference TO the new matter


brought to the consideration of the Court he did
not Deeye the prisoner had made any acknowledge


ment upon which he could be convicted All the


Acknowledgements made, so far as he knew their


character, referred to the charge of treason; and


those confessions, according to our law, are INSULT


clent to convict party who may have acknowl-


edged the fact in the plainest manner to hundred


witnesses; for if that is all the evidence uDou which
| the Commonwealth relies, the prisoner cannot be


convicted, because our code provides that such con-
fcssions shall be made in open Court and the pris


oner has denied in open Court by putting in the
plea of "N0t guilty"


As to sufficient time having elapsed for counsel
to reach here, it reasonable supposition that
| the persons to whom Brown wrote were absent and
did not Immediately receive the letters. The Com
| monwealths Attorney does not know who MIR.
| Ilden is, but be is an exmember of Congress and
| said to be man Of respectability.


As to what is called Capt Browns sham-sicknes
OF Yesterday, it should be remembered that it was
not then, nor is it now, made the ground of ap-
| plicaton for delay Certainly he did not think
this trial should be hurried through for the reason
that rescue might be apprehended for such fears
were idle


OPINION OF THE COURT


The Court stated that it must see to it, in this
case, as IN any other, that proper for delay
was made out before granting such an application
| In the present case he could not see that the .tee
gram" gave any assurance that the additional
counsel intended to come. The prisoner is now de-
! Tended by counsel who will take care that no i'm
| proper evidence is adduced against him and that
u.
The Court could not see that any proper cause for
delay was made out. The expected counsel might
! arrive before the case concluded, and could
then all the testimony taken, and thus the priso-
ner might have the benefit of their advice although
! the case now proceeds


As to the matter ofinsanty, it was not presented
! in reliable form. Instead of mere statements, we
should have atlidavits or something of that charac-
acter, he thought therefore, that te iurv should be
! sworn and the trial proceed.


| THE JURY SWORN.


The jury having been sworn to fairly and imnar-
TALLY try the prisoner, the Court directed that the
! prisoner might tOregO The form of standing while
! being arragned if he so desired it,


! Mr.. Bolts, put the enquiry to the prisoner, and
! he continued to be PROSTATE in his cot while the
lcng indictment, filing closely written fools
cap pages read-the first count being inst1.rec-
ton, the second treason and the third murder
THE OPENING ADDRESS TO THE JURY.
| Mr.. Harding, the States Attorney, then ad-
dressed the jury and presented the facts of the
case, detailing the at the armory-the kill


ing of the bridge keeper and the subsequent killing
! of citizens named in the indictment the sezing
! OF Mcssrs. Lewis Washington and Allstadt, with
| their slaves; the forming OF gov ernment within
the limits Of the commonwealth; holding citizens
as prisoners of war; and their subsequent cap
| turc, etc.


He read the law on the subject Of treason, and
levying against the States giving comfort to its
enemies or establishing any other government
! within its limits, offences punishable by death;
| the murder of citizens and in connection with
these is the punishment for rape. Several Of the
/ charges of the indictment. if proven being DEATH
all these charges would be distinctly proven be
yOnd the possibility of doubt the mind of the
jury. lie would show that the prisoners whole OBJ


ect to rob citizens of their slaves and carry
them of by violence; and he was happy 10 say
against the will OF the slaves all cf them having
escaped and rushed back to their masters at the
first opportunity.


lie concluded by urging the jury to cast aside all
their preiudces and give the prisoner a fair and I'M
partial trial Not to allow their hatred Of abolition


sts to influence them against those who have raised
the black flag of rebellion on the soil of this Com
mOnwealth.


Mr.. Green, the part of the prisoner arose and
addressed the jury, giving to them the law applca-
bic to the He said that the jury must bear in
mind that they are Judges OF the law and the fact
and that if they have any doubt as to the law or


fact of the guilt of this prisoner, they to give
the prisoner the benefit of that doubt.
The first charge Of treason, as a specific act of
treason, must be proven. 1t must be proven that
he attempted to establish a separate and distinct
government; and 1t must also be proven what was
the purpose of the reasonable acts, before YOU can
convict him on these charges. If it is intended TO
rely on his confessions to prove treason, the law
distinctly says no conviction be made on CON
fessons unless made in open Court. There must be
sufficient evidence to prove the charge Independent
of any confession out of Court, and it requires two
distinct witnesses to prove each and every act OF
treason. SeCOnd-COnSpiriug with slaves to rebel
and make insurrectiOn. The jury must be satisfied
that such conspiracy was done within the State of
Virginia and within the jurisdiction Of this Court
If done in Maryland this Court could not punish
the act also, If done within the limits of the
armory at Harpers Ferry it was not done within
the jurisdiction of this State, the government of
the United States holding exclusive jurisdiction
within said grounds. Attorney General Gushing
had decided this point with regard to the armorv
grounds at Harper's Ferry, (Which opinion was
read to the jury showing that persons residing
within the limits of the armurv cannot even be
taxed by Virginia; and that crimes committed
within the said limits punishable bv the Federal
IOurtS AIthDnuH m ipnht ohn tha
law on this subject they must give the prisoner the
benefit of that doubt.
Upon the third count, that Of murder. If it was
committed within the limits of the ArmOry this
Court has no jurisdiction. And, in the case of Beck
ham, ii killed on the railroad bridge, it was com
mitted within the State of Maryland, which State
claims jurisdiction up to the Armory grounds
Although he may be guilty Of murder it must be
proven that it was wiltul, deliberate and premedi-
tated murder to make it capital offence. Ifother
wise the killing was murder in the second degree pun
iShable by imprisonment. If there is any doubt on
these points, you must give that doubt to the piso
ner. lie was satisfied the jury will not allow any
outside excitement to affect them--that they will
do their duty faithfully and impartiav.


Mr. Bolts impressiVely addressed the jury. The
case, he said, unusual one. The crimes
charged were in many respects unknown tn jury
trias-calling for calm unimpassiOned dcliberatOn,
and not seizng upon loose statements for CON
victon. The jury must rise morally above all pre-
ludlces and influences, and deliberate calmly free
of all resentment, and bear in mind that the mis-
sion OF the law is not to wreak vengeance: and that
the majesty Of the law is best maintained when
judges, counsel and jury rise above these infu-
ences. The burthen of proof is on the Common
wealth; and if she fails to substantate her charges
you are bound to do your duty impar,ially, and
find your verdict the law and testimony that
the Commonwealth may be able to present to YOU.
He then proceeded to 90 over the same grounds
taken by Mr.. Green each Of the three points of
the indictment-treasOn, insurrectOn and murder.
1t is difference, he said how much the Jury may
be convinced in their minds of the guilt of the
prisoner it is essential that they must have proof
positive of guilt in case like this, involving both
life and liberty


Mr.. Bolts, in reviewing the law bearing on the
case, evinced determination to avail himself of
every advantage that the law allows and to do his
duty to the prisoner, earnestly and faithfully.


1t Cue to the prisoner, he said, to state that
he believed himself to be actuated by the highest
and noblest feelings that ever coursed through a
human breast His instructions to his associates
were to destroy neither property or life and they
would prove by those gentlemen who were prison
ers, that they were treated with respect and that
they were kept in positions of safety-that no vio
encc offered them. These facts must be taken
into consideration, and have their due weight with
| the jury.


Mr.. Hunter followed stating his purpose to
avoid anything by way of argument or explana-
ton Immediately connected with the particular
issue not to be tried, and to march straightforward
to the attainment so far as it may be in power,
of the ends Of Justice by either cOnvictng or ac-
quitting the prisoner at the bar. With single
preliminary remark explanatory of his position
here, assistant of the prosecution, which had
been assigned to aim by the Governor of the Com