[311] Mr. Green responded, stating what should be proved, and how, to convict of the offences charged: 1. To establish the charge of treason it must be proven that the prisoner attempted to establish a separate and distinct government with the limits of Virginia, and the purpose also of any treasonable acts; and this, not by any confessions of his own, elsewhere made, but by two different witnesses for each and every act. 2. To establish the charge of a conspiracy with slaves, “The jury must be satisfied that such conspiracy was done within the State of Virginia, and within the jurisdiction of this Court. If it was done in Maryland, this Court could not punish the act. If it was done within the limits of the Armory at Harper's Ferry, it was not done within the limits of this State, the Government of the United States holding exclusive jurisdiction within the said grounds. Attorney General Cushing had. decided this point with regard to the Armory grounds at Harper's Furry, which opinion was read to the jury, showing that persons residing within the limits of the Armory cannot even be taxed by Virginia, and that crimes committed within the said limits are punishable by Federal Courts.” 3. Over murder, (he argued,) if committed within the limits of the Armory, the Court had no jurisdiction ; and, in the case of Mr. Beckham, if he was killed on the railroad bridge, it was committed within the State of Maryland, which claims jurisdiction up to the Armory grounds. Mr. Botts followed him, and supported these views. The only noteworthy thing he said was, that--
It is due to the prisoner to state that he believed himself to be actuated by the highest and noblest feelings that ever coursed through a human breast. They could prove by those gentlemen who were prisoners that they were treated with respect, and that they were kept in positions of safety, and that no violence was offered to them. These facts must be taken into consideration, and have their due weight with the jury.
