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Virginia (Virginia, United States) (search for this): chapter 3.49
rdship which rests upon the prisoner to meet various and distinct charges in the same trial. From the authority he read, it would be seen that in a case of treason, different descriptions of treason could not be united in the same indictment: high treason could not be associated with other treason. If an inferior grade of the same character could not be included in separate counts, still less can offences of higher grade. Treason in this country is high treason. Treason against the State of Virginia is treason against her sovereignty. We have no other description of treason, because treason can only be committed against sovereignty, whether that of the United States or of a sovereign State. Objections. Mr. Harding could not see the force of the objection made by the learned counsel on the other side. In regard to separate offences being charged, these were but different parts of the same transaction. Treason against the Government is properly made the subject of one of t
Harper's Ferry (West Virginia, United States) (search for this): chapter 3.49
refused the request, and referred, with some asperity, to the recent speech of the plain-spoken prisoner. This term, said the Judge, will very soon end; and it is my duty to endeavor to get through with all the cases if possible, in justice to the prisoners, and in justice to the State. The trial must proceed. Mr. Hoyt, after objecting to certain papers, (which were withdrawn,) and asking certain questions relative to the witnesses he had summoned, called on John P. Dangerfield, of Harper's Ferry, to testify. From the evidence for the defence, it is unnecessary to quote more than those passages wool refer to the object that John Brown had in view, and a few brief incidents of the conflict not elsewhere noted: John P. Dangerfield. Was a prisoner in the hands of Capt. Brown at the engine house. About a dozen black men were there, armed with pikes, which they carried most awkwardly and unwillingly. During the firing they were lying about asleep, some of them having crawled und
Washington (United States) (search for this): chapter 3.49
assengers, so far as may be. We treated all our prisoners with the utmost kindness and humanity. Get all their names, sofar as may be. Our orders, from the first and throughout, were, that no unarmed person should be injured, under any circumstances whatever. Prove that by all the prisoners. We committed no destruction or waste of property. Prove that. The Court assembled at ten o'clock on Saturday. John Brown was brought in and laid on his pallet. Mr. Samuel Chilton, of Washington City, and Mr. Henry Griswold, of Ohio, appeared as additional counsel for the prisoner. Mr. Chilton rose and said, that, on his arrival in Charlestown, after finding that the counsel whom he had come to assist had retired from the case, he hesitated about undertaking it; it was only at the urgent solicitation of the prisoner and his friends, that he had now consented to do so; but, not having had time to read the indictment or the evidence already given, it was impossible for him to disch
United States (United States) (search for this): chapter 3.49
nt descriptions of treason could not be united in the same indictment: high treason could not be associated with other treason. If an inferior grade of the same character could not be included in separate counts, still less can offences of higher grade. Treason in this country is high treason. Treason against the State of Virginia is treason against her sovereignty. We have no other description of treason, because treason can only be committed against sovereignty, whether that of the United States or of a sovereign State. Objections. Mr. Harding could not see the force of the objection made by the learned counsel on the other side. In regard to separate offences being charged, these were but different parts of the same transaction. Treason against the Government is properly made the subject of one of the counts. But we also have a count of murder, for it can hardly be supposed that treason can exist without being followed or accompanied by murder. Murder arose cut of th
Charles B. Harding (search for this): chapter 3.49
against the State of Virginia is treason against her sovereignty. We have no other description of treason, because treason can only be committed against sovereignty, whether that of the United States or of a sovereign State. Objections. Mr. Harding could not see the force of the objection made by the learned counsel on the other side. In regard to separate offences being charged, these were but different parts of the same transaction. Treason against the Government is properly made theemed to him that justice to the person demanded the allowance of a little time in a case so extraordinary in all its aspects as this. The Court suggested that we might have the opening argument for the prosecution to-night, at any rate. Mr. Harding would not like to open the argument now, unless the case was to be finished to-night. He was willing, however, to submit the case to the jury without a single word, believing they would do the prisoner justice. The prosecution had been met n
Lewis W. Washington (search for this): chapter 3.49
is indorsed on the back of the indictment, and which is upon record. The second count is under the following statute: If a free person advise or conspire with a slave to rebel or make an insurrection, he shall be punished with death, whether such rebellion or insurrection be made or not. But the second count of the indictment is, that these parties, who are charged by the indictment, conspired, together with other persons, to induce certain slaves, the property of of Messrs. Allstadt and Washington, to make rebellion and insurrection. There is a broad distinction between advising and conspiring with slaves to rebel, and conspiring with others to induce slaves to rebel. Whether he was to avail himself of their irregularity by instruction from the Court to the Jury to disregard this second count entirely, or whether it would be proper to wait until the conclusion of the trial, and then move an arrest of judgment, he left his Honor to decide. He proceeded to argue the motion that the
Sara T. L. Robinson (search for this): chapter 3.49
urt to put the prosecution upon their election, as to one of the three, and bar us from investigation of the two others, although they relate to facts involved in one grand fact. Notwithstanding the multiplicity of duties devolving upon the prosecutor and assistant prosecutors, yet we have found time to be guarded and careful in regard to the mode of framing the indictment. It is my work, and I propose to defend it as right and proper. He then proceeded to quote Chitty's Criminal Law and Robinson's Practice, to prove that the discretion of the Court there spoken of, in reference to the furthering of the great object in view, was the attainment of justice. Where the prisoner is not embarrassed in making his defence, this discretion is not to be exercised by the Court, and no case can be shown where the whole ground of the indictment referred to one and the same transaction. This very case in point would show the absurdity of the principle, if it were as broad as contended for by hi
Shields Green (search for this): chapter 3.49
plan demanded -above or outside of the absolute necessities of his holy scheme and dangerous situation. While freely admitting every act that he committed, therefore, and having no hope whatever of a verdict of acquital, or of a pardon, he sought to prove in Court, by the evidence of his enemies, that he had not in any way transcended the obligations of his divinely-appointed mission. This design, of course, was not acceptable to Virginia; and her loyal sons, therefore,--Messrs. Botts and Green,although they often stated their determination to see justice done, took no efficient steps to secure its fulfillment. This is a copy of the brief directions given to them at the commencement of the trial: it is transcribed from the original, in the old hero's handwriting : John Brown's directions to his counsel. We gave to numerous prisoners perfect liberty. Get all their names. We allowed numerous other prisoners to visit their families, to quiet their fears. Get all their
Lawson Botts (search for this): chapter 3.49
herance of his plan demanded -above or outside of the absolute necessities of his holy scheme and dangerous situation. While freely admitting every act that he committed, therefore, and having no hope whatever of a verdict of acquital, or of a pardon, he sought to prove in Court, by the evidence of his enemies, that he had not in any way transcended the obligations of his divinely-appointed mission. This design, of course, was not acceptable to Virginia; and her loyal sons, therefore,--Messrs. Botts and Green,although they often stated their determination to see justice done, took no efficient steps to secure its fulfillment. This is a copy of the brief directions given to them at the commencement of the trial: it is transcribed from the original, in the old hero's handwriting : John Brown's directions to his counsel. We gave to numerous prisoners perfect liberty. Get all their names. We allowed numerous other prisoners to visit their families, to quiet their fears.
John P. Dangerfield (search for this): chapter 3.49
papers, (which were withdrawn,) and asking certain questions relative to the witnesses he had summoned, called on John P. Dangerfield, of Harper's Ferry, to testify. From the evidence for the defence, it is unnecessary to quote more than those pasrefer to the object that John Brown had in view, and a few brief incidents of the conflict not elsewhere noted: John P. Dangerfield. Was a prisoner in the hands of Capt. Brown at the engine house. About a dozen black men were there, armed with plls came into the engine house pretty thick. A conversation here ensued between John Brown, lying on his cot, and Mr. Dangerfield, as to the part taken by the prisoner in not unnecessarily exposing his hostages to danger. The witness generally ct were compelled to stay where we didn't want to be Samuel Snider, the next witness, corroborated the evidence of Mr. Dangerfield; asserting that the prisoner honestly endeavored to protect his hostages, and wished to make peace more for their sa
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