The New York Herald Newspaper, November 1, 1859, Page 3

Navy Yann; Pmesseous; Fla , Got. 28, 1668, ‘70 THs NDITOR OF THE HERALD. } hore 1 trapsmit a eopy ef renctutions Adopted at a, meeting of the, oflears of tbe Untied Btatce @easvor Fulton, to express (heir regret at te death of @eemander. GG, Wilhameon: Will yoube plossed to: Gremly oblige us, On the part of thie offtocrs, ¥, M. GUNNBLI, Paseod. Ase’t, Sargean, U. 8 N. Umrap Srarm Navy Y, Wananaron, Fla. Oot 37,1880, } rie mth Berti obs teg t €. G, Williamson, the owing Preamble and Pesos it hae 1d God'to remove from ua our ree- captain and esteomed friend, Ormmander 4. 4. iameen, under ot ocala dtotren. of shekwees and the exciting incidents of the wreck of Fulton and subsequently, bave adurded ua the of the this aifiotion; the poignancy of “solved, That wo dooply sympathize with the far © deceased in ‘which the reflection that he waa af those to ‘United Btates steam gunboat Iroquois, ordered to rolievo eo United States steamer Wabash as fagehip of the Mediterrancan squadron, will be ready to receive her @ffecrs and crew between this and the 6th inst. She fs to make a trial trip to test the w of her — y orking essere ‘The United Ptates sloop-of-war St. Louis eame to anchor Mf the barbor of San Juan del Norte en the 16th ult. @ur correspondent, writing at Valparaigo on the 15th of September, says:—The United States sloop-of-war Levant, ‘wnder command of Captain William E. Hunt, arrived boro @m the morning of the 9th inst alter a brilliant passage from the United States—her entire voyage, including geome cight or ten da} it at Rio, and twenty-three ‘Dafeting tho ot ging ll ‘Horn, being but nine- Bent and the courtcous offisers under his com- ‘mand to tho waters of this harbor. Ho does not look like que whore equanimity would be Ure distarbed by tho ‘Great of those “seventeon Eng! 06 which he Hercunto.sc exaiingly American men-of-war in this arbor. The officers and crew of the Levant are all well. ‘The new steam vost Narragansett, at Bosten, want Solo commission ox Batarday. ig ; ‘Tho steamer Lancaster, Capt. John Radd, which failed frem below July 26, arrived at Rio Janeiro ‘Sept. 18, and remained there Uct. 1. She proved herself —_—___—. City Intelligence. Inerronon op THR New Starn Angexat.—-The new State Arsenal, at the corner of Seventh avenue and Thirty-Ath Street, will be inspected to-day at two o'clock P. M. by Adjutant Genera) Townsend, Inspoctor General 8. F. Sier map and Commissary General Benj. Welch, Jr., besides mumerous architects and men, The present ‘Dullding bas bocn reared the debris of the one which $e) im last November from’ fective roof, and also from fhe factthat the mortar in the walls was not sufliciontly @ry to bold tho ht of rron used in ita Soe cpg ‘The build! Si cask one pene at ty. Ly-8ix foet five Aches wide ans threo stories im height. From a euperil- @a) inspection of the building yesterday it appeared to be @ = ES ein ger nee mre a ye om to Cob pepe otwitbetanding. ever, tho question wi defunely settled by peletiile wen.” Rewanpind 4 Hxno or max ‘ Hocrown’? Wan —Mr. Ri- bard ©. Downing, the Superintonde t of Sanitary Inspes- ton tn the City Inspector’s Department, was presented Inst week with an elegantly wrought, solk! gold’ hog, weighing two ouncen, by a committe of citizens of tho Bneieenth ward. It bore the following inscription:— © Root, Hog, or Dio”? D. F. M.; RO. D.; Presented by Bia Swinioh Friende, 1859.” It will be romembered by tho readors of the Hrarp that Mr. Downing displayed mueh activity in leadiog the forces that drove the swine @vt of “Hogtown” by order of the Common Council, wuch to the gratification of the citizons of the Nineteenth ‘ward, Lapes’ Farr—Tne Bisrers or Marcy.—The ladies of the principal Roman Catholic churches of this city desirous of participating in and promoting the charitable works in which the Sisters of Mercy are engaged, have associated ‘themselves together for the purpose of holding a ladies’ fair at the Acadomy of Music, to commence on the Sth of Deccmber boxt and closing ob the 19th of the same mouth. ‘With the # of the fair tho ladies ‘to accom- plich much good, and insure the permanency in this city of the admirable charity for which they are laboring. ANNIVERSARY OF THE New York Acapeuy or Mxpi- taxz.—The New York Acadomy of Modicinc celebrates ite anniversary on Wednesday evening next, Nov. 2, in the @iurch on Ninth street, between Broadway and Fourth avenue, by a public discourse. The orator is Dr. W. C. Roberts, and the subject the “Buloginm of Medical Retence.”” It is one of interest to ail, and will bo adapted to popular comprehension. The Academy is the barrier betwoen charlotanry and rogular medica! practice. Sock vor Txxa8.—The schooner Emily Keith, Capt. Teokwood, from this port for Port Lavaca, Texaa, to-day, takes out upwards of onc hundred head of Spanieh morino backs, for the improvement of the stock of Texas sheep. "Mis slock has been salocted with tho groatest caro from fhe best blooded sheep in the State of Vermont, eached this city a fow days since by railway, and wi froin this port by call. eyes out b; fame conveyanee a splendid six year old Morgan - Sion, from old. Vermont stock, Jovex Crxnce will deliver the fifth Socture of his course im the aw lectare room of the University, this evening, at a quartor before eight o'clock. Tho subject will be:— ‘Fhe Ancient Ropublics, the Limited Monarchics of the Middle Ages, ana the Present Constitution of Greet Britain ee Students at Jaw and others are invited to otter (Caupass ror me Wiet.—A company of poor children, mostly boys, will leave this city for tho Weat to-day, here good homes have been provided for them, under » direction of the Children’s Aid Society. ; RegiwerraTion oF Vorrns.—To-day and to-morrow will Bo tho last days for the registration of votors in the bereits sy anegenl Look get Neeser chirg Hoong Boxt Togistrars will meet at the appointod places eight o’clock in tho morning, ud will romain in session ‘anti nine o'clock in the evening, Every person entitled fo vote should see that bis name is on the list hoe wishes to yoto at the ensuing election. Ormnxa oy mm AMmucAN Ivertrvre LIsmrany.—Tho Auvrican Institute Library, devoted to agriculture, com- werco, manufactures and arts, and containing nearly ton thonsand yolumes, will be oponed to-day in the Cooper Istituto building. PREPARATIONS FOR Exzon0N Dax.—The Mayor has issued ® proclamation agninst lilegal votlng at the ensuing elec- don, with an offor of a reward of $100 for cach case ef fraudulent voting detected and proved. Tho Clork of the Common Counsel and the Genoral Superintendent of Police have also igsued proclamations in relation to good erder on that day. ‘Tanurr Excursiow.—Tho Columbus Guard, Capt. John Rart, compozed of the mombers of Engine Company No, 6, went on their annual excursion yesterday to Astoria, Do gan gly Renee TR ri o wi a grand ball. — is Cusncw or Gamma AGaxst 4 Poucman.—A oom- pose es Fiee.en Hipage lied the So- ond police precinct, for gambling. Tho charge was made aud sworn to by Mr. Maloney, assistant foreman of En- giao Company No. 6. i Briann Daiti—The First Brigade Now York Stato aa hi mg of the First and Third regi- mel cavalry, the Second and -Gret rogi- ments of infantry, will re. for t ve Parado to-morrow a Hamilwoo unos 4 Momcrar Ornics.—Goorge H. Franklin, formerly gener tg Sevontoonth ward, having beon 0 the office of Collector of Cty Revenue, in place Roso, reigned, entors u aay. 7 ‘poe the diecharge of his ‘Tus Fats Inargonons—Connzcnow.—A glight error oo- eorred in yostorday’s Hanan in speaking of tho numori- eal strengtt of each rogiment ‘this fall. The regiment, We ington Rulon Col. Homer Bost caevermsponed 470 men, instead Of 200. Panape.—The Henry J. Irving Guard, Capt. Goorgo ‘Tyson, passed our office last night on thelr return from. ‘annual excursion. They numbered 60 muskets and bf 8 valuabie prizes. Ccurt Calendar—This Day. Sepnewe Court, Crevrr.—-Part 1 na betoee: Part 2 004, a Part 1, 2,686, 2,602, 3,290, 2,429, 084, 2.020, 2,022, 2,024, 2,026, } 93680, 2,082. 2, Zest, 2o4a, Base) 3.00, 2 208, Sond, oe, 2 NEW YORK HERALD, TUESDAY, NOVEMBER 1, 1859.—2PRIPLE SHEXT. ‘THE OUFBREAK AT HARPER'S FERRY. Tie Trial of John Brown, Gharged with Com- The Addresses of Counsed for the Defence and Prosecatiom THE VERDICT OF THE JURY. Conviction of the Prisoner. of Three Capital Crimes. Graphio Description of the Closing Soencs in the Court Room, THE PROBABLE FATE OF THE CULPRIT. Subsidence of the Excitement in Virginia. Additional Revelations of Golonel Hugh Forbes, &,, &., &o, OUR SPECIAL DESPATCH FROM CHARLES. TOWN. VERDIOT OF THR JURY IN THE Case OF JOTIN BROWN—OONAICTION OF THE PRISONER—EXCITING SOENE IN THE COURT ROOM, ETO. Cususmrown, Va., Oct. 31, 1959. To-day the excitement consequent upon Omawotamic Brown's trial reached its culminating point. The gertain- ty generally felt that it coukd not possibly go over to an- other day, was all anfiiciont to collect togethor the largest number of people yet seen in the town since the trial eommenced. The court opened at nine o'clock, and in an mstant the crowd that rushed in filled every available point within, The epeoches of Mesers. Chilton and Gris- wok! for the defence, and Mr. Hunter for the Common- wealth, were very fino eiforts of forensic oratory. Ia- deed, the zeal and devotion of Mesers. Chilton, Griswold and Hoyt, in behaif of ai unfortunate fellow being, sur- rounded only by those against whom his crimes were di- rected, and from whom, therefore, he could expect no sympathy, are wortby of all praise. The delivery of the epecehes oconpied fully four houre, and throughout the whole of that times very unusual quict and soberncea prevailed in the court. When Mr, Hunter closed his peroration to the jury, without Surther remark, at an intimation fram the Jndge, they immediately withdrew te consider their verdict. After [an sbsence of throo-quarters of an hour (during which the Court tovk a recess) they returned into coart with a verdict. At this moment the crowd filled all the apace from the couch fineide the bar, around the prisoner, beyond the railing in tho body of the court, out throngh tho wide hail and beyond the doors. There stood the apxtos but perfectly silent and attentive populace, stretching head and neck to witness the closing scone of Ol4 Brown's trial. Jt was terrible to look upon such a ctowd of human faces, moved ond agitated with but ane dreadful oxpectancy—to lot the eye reat for a moment upon the only calm and unruttied countenance there, and to think that he alone of al) present was the doomed one above whose head bung the sword of fate. Bat there he stood, just that man of indomitable will and iron nerve, all collected and unmoved, cven while the verdiet which consigned him to an jgnominious doom was pronounced upon him. After recapitalating his offences ag pet forth in the Indictment, the Clerk of the Qourt 20h Genthmen of the Jury, what say you, is the prisoner at the bar, John Brown, guilty or not guilty? Formmax—Guilty. Czi—Guilty of treason, and conspiring and advising with slaves and othors to rebe}, and murder in the first. degree? Forruan— Yes, Not the slightert coun’ was heard tn the vast crowdas this verdict was thus returned and read. Not the slight- est expression of elation or triumph was uttered from tho hundreds present, who, a moment before, outside the court, joined in heaping treats and imprecations on his head; nor was this etrange silence interrupted during the whole of the time occupied by the forms of the Court. Old Brown bimeclf, said not even a word, but, as on any previous day, turned to adjust his pallet, and then com- posedly stretched himselt upon it. A motion for an arrest of judgment was put in, but not argued. Counsel! on both sides being too much exhausted to go on, the motion was ordered to stand over till to-morrow, end Brewn was again removed unsentenced to prison. A jury to try Coppie, who was now brought into Court, ‘Was zubsequently sworn, ‘The Court in consideration of Stephens’ wounds, allowed is caze to stand over, but nothing farther was done, and the Court adjourned. Mr. Griewold has yoluntecred his servic in defending Coppie. The town, though crowded with people, is perfecly quict, and there is a marked subsidence of that threaten- ing exeltement which more or lees prevaded it last week. _OUR WASHINGTON DESPATCH. BROWN'S CONVICTION: WILL HIS EXECUTION BR RKSPITED—APPLICATION OF A MASSACHUSETTS LADY. Waammneton, Oct. 61, 1859, ‘The nows of the termination of Gid Brown’s trial has jnst reached here. He was found guilty on all the counts of the indictmont—treason, murder and inciting slaves to insurrection; ail of thom capital offences. He beard tho verdict, which brings with i a felon’s fate, composodly end without a murmur, aad them be turned round and sotiled down quiotly ou bis pallet. Hie undaunted bear- ing gains for him sympathy and repect; and the senti- ment is expresecd even here that tt is a pity—that eo muck truth and high-mindedness deserve a bettor fate, Ihave tt on the mest relisble authority that the death pennity will not be immediately inflicted. He may bo pentenced to die On the gallows within two or three days, Decauze thoordinary delvy of thirty days between sentence end execution does not apply in the case of ono convicted of inciting elaves to insurrection. But Governor Wise ad- mires Brown's indomitable pluck, and for that, and be- cause bo wishes to show the world how magnanimous Virginia can bo, he will probably respite the execution for ‘ot leaat the thirty days. I should not be surprised, from what Tloarn, ff an ondor will be made dirceting Brown to bo gent to Richmond, and if ho should be kept in the poni- tontiary there tl puch time os tho Governor fixes for his excention. A Mascachwpetts lady, whose name I understand to bo Childs, hes written to Wiso requesting permission to wait upon and nurse the unfortunate old man. Tho permis- gion has beon granted. ‘Tho fooling gains ground here, and in Virginia also, that taking into consideration the doubte about Brown’s sanity, and tho cortainty that be was a toel in tho hands of loading abolitionists, a measure of morcy might very weil be oxtended to him, and that, on the other hand, the severest punishment should be inflicted on those who en- couraged him in his mad project. Tho Sccretary of War has returned from Harper’s Ferry. He does not apprehend any further trouble there, but ims arranged matters 60 that troops will be on guard until the excitement ationding the trials of the prisoners ia torminated. MORE COUNSEL FOR BROWN. Bosroy, Oot. 82, 1859. Judge Ruszell and Coorge Sennott left this afternoon for Virginia, having been rotuined as counsel for Brown and thor parties implicated at the Harpor’s Furry riot. Judge Ragsell has been an active republican politician, and is now a Justice of the Superior Court. Mr. Sennottis » young man, democratic in principles, and quite eminent 08 2 successful advocate in criminal cases. It is reported that Hon. B. F. Butler, the democratic nominee for Go- vernor, bas also beomongaged by Brown's fricnds to take part in the defence. HON. JOHN P. HALE AND THE HARPER'S FERRY INSURRECTION. Cancaco, Oct. 21, 1859. Senator Halo publishes a letter tn the Chicago Presa Gnd Tribune of this city, this morning, in reference to the ‘Hienatp’s attoropt to implicnto him in the Harpor’s Forry ingurrection. He says he will not undertake the task of vindicating otber gentlemen whove names have boon men- Moned; but, as far as relates to himsolf, he can only reply by denying overy word and ayllablo of the charge, pro- nounglng the whole falae from begianing to cpa, and ebal- — eee eet : lenging the world for « particle of testimony, writers or verbal, sustaining the charge thus made. He never had any knowledge or intimetion that Joba Brown, or any other person, ever contemplated an insurrection in Virgl- ‘nia or elsewhere. He pledges bimeelf that if ths evideno fm laid deforo the Grand Jary of Maryland or Virginia, and they find a Dill, ta go there for wil. HE CONFESSION OF COPELAND. Cievetann, Oct. 81, 19658 ‘The confeesion ef Copclmd, one of the Charlestown Prieoners, to Marshal Jobnson of this State, is published hore tod He says he was furnished with money to pay hie 8 to Virginia by the two Messrs. Plumb, of Oberiju. He also gays that Mra. Startevant, of thie city, knew all about Brown’s plans, and he supposed her hosdand did. The latter ,howover, denies any knowlege of the transaction. Mr. CH, Langstone, a colored man, ‘8 aleo implicated. There are no other developoments. THE PROCEEDINGS OF THE COURT. PITH DAY. Casnizstows, Va., Oct. 31, 1850, ‘The Court met at nine o’clock. Tho Prisoner wag ‘brought m, and the trial proceeded without delay, Brown locks better than heretofore, and his bealih ie evidently improving, He was laid on a bed as usual. ‘The court house and its approaches were densely crowded. Mr G made the opening speech for the defonce, taking up the several charges in the indictment, and re- plying to the points made in the opening argument for the prosecution, He alluded to the peculiar Gireumetances surrounding tho present case, and hoped tho jury would give i calm and dis. passionate attention, divesting thelr minds aa far a8 possible from all prejudice, and disregarding all ont. side influence. The prisoner was entitled to an impartial trial under the Jaws of Virginia, and let him be acquitted or convicted aceording to those laws and tho evidence given im the case. With regard to the charge of treason Drought against the prisoner, Mr. Griswold argued that Brown could not be guilty of treason, as he was not a citizen of this Commonwealth, and nene but a citizen conld commit treason. Nover having sworn allegiance to Vir- ginia, he could not be a rebel against ber authority. He was aléo charged with levying war against the State, but the evidence given did not support the charge. There was a great difference between levymg war and resisting authority. Men congregated together to perpetrate crime have their rules and regula- tions, When assailed, they defend their lives to the ut- most, sacrificing and intending to sacrifice the lives of others; but that was resistance, and not levying war. He would not shrink from tho admission, and the prisoner openly admitted it, that those men came for the purpose of running away slaves. That was a crime under the awe of Virginia, for which the prisoner was amenable to punish- ment to the extent of those laws. In carrying out that purpose he temporarily took poseession of the arsenal at Harper’s Ferry, and while there attempts were made to arrest him, Mr. Griswold had no complaint to make about that, But ‘it was in resisting those attempts that this blood was shed and lives taken, and not in levying war againat the com monwealth. It was resisting that which was claimed to be the kegal authority of Virginia seeking to arrest those men aesembied in violation of law. Such things havo often happened, Jails have boén broken open and mon taken thence and exocuted in defiance of law, after being acquitted by a jury of their countrymon, and the power of the Sheriff tramplod under foot. Neither does it ne- ceesarily constitute levying war if murder ensues, because the commission of the offeneo of shedding blood may not hayo been contemplated. It is said there was an organized movemont. A pamph- let is referred to as evidence of that fact; but it doce not necessarily follow that the overthrow of the commonwealth of Virginia was contemplated by any- thing that appeared in that book. Tho most harmiess orgonizations in the country bavye been created with all whe outside forms and machinery of government. In de- bating societies governments havo beon ostablished, a congrose created, resolutions and laws discussed, andany one reading the bulletins of those aasociations, and know- ing nothing about them, would suppoee them miniature governments, organized within the limite of tho exist- jpg governments. No mattor what names or what officers they may have, that is not sufficient Bande of robbers and desperadocs have their rules and regulations, their officers, and prescribe death as the puntebment for the violation of their laws, but that does not imply that they contemplate the overthrow of tho le- gitimate government. It is only agsocigtion and govorn- Ment to contro) themselves in their intercourse with each other. Ho further argued that the jury could not find Brown guilty of treagon unless they find him guilty of associating with others to organize a government to sub- vert and overthrow tho government of Virginia. But if the pamphiet proves anything it shows that an attempt was made to organize a government in opposition to the government of the United States, and not of Virginia, for all the tools used, all the officers ‘appointed, have ro ference to a government like that of the United States; bu. it was in vague, upmeaning language, which really proves: nothing at all. However, thore was a chance in it which must bo taken, for it was all in evidence, notwithstanding a distinct and positive statement that it contemplated no overthrow of the general or State gevernment, but simply the repeal of obnoxious laws im the constitution. The learned attorney who opened the caso seemed to occupy this ground entirely, not even going over tho evi- dence to show whereim the treason was provod, and sald the priconer was guilty of giving “aid and comfort” to the enemies of the commonwealth; and that was the only specidcation he made charging the defendant with treason. He was not surprised to hear that gentioman burst forth in sich a sublime apostrophe to freedom, in terma, and language, and with action, of such surpassing eloquence that no one need bo told he bad been reared in tho land that urns tho aehes of Patrick Honry. He alluded slo to the distin. gushed associate for the prosceation, who had brought inte his romarks the dishevollod tresses of frightened boanty. Ho thon prooseded to discuss the charge of con- spiring with slayes,and sald there was a manifest dis. tinction betweon tho cflort to run of glayes, or teal siayes, ond conspiring to tudnoe them to rebel. Rebellion ond tnsurrection was rising up, not to run away, although freodom migh bo the witimate object, but rising op. ogalnst masters, against whites or ngainsi the State. It contemplates riot, raplne, muror, arson, and all the crimes which follow in- surrection. The question was as to the object and tnten- tion. Has any man testiGed aught going to show that Brown, or apy ono with him, sald or did ono thing to induce any slaves to rise in rebellion or perpetrate any offance out of which robellion grows? Glaves were taken possession of for a temporary purpose and placed in the arsenal; but Colonel Washington, who knew more about it than any other witness, tostifled that not a slave took part im tho matter oxcopt Phil, who at the suggestion of tho prisoner attempted to drill a port- hole; and that was not done for the purpose of insarrec- tion and rebellion, but to protect themselves. Truc, they were engaged in an anlawful act, but not the act charged. They wero amenabie to punishment, but not as they are indicted. Death ensues; they are punishabic in some way, but notasis charged. Ho hero procooded to con- sider the count charging murder in tho first degree. This wag crime involving premeditated murdor, but be ar- gued that nosauch malice bas been shown. First, Hay- ward was killed; bow it happened nobody knows; it was done in the dark, and whether accidental or intentional doos not appear in the evidence, or by whom. Perhaps these men aro guilty of that killing in some form, but it is not proved to be murdor in the first degree, from deliberate, promoditated malice. He could only say, a8 Capt. Brown aid to him, “Why should wo ehoot a ne- gro?—that was not our object.” He did not justify those men in staying thero and resisting the authority of the country; but he said thoy were thore protecting them- solves from arrest; guns wore fired in all directions, and they fired, or intendod to fire, only on armed men. With- out excusing that conduct for one moment, he would re- mark that it refuted the idea of premeditated malloc. They had not tho time for thought and redeotion, which the law contemplates. Not that he would say these mon ghoul! be allowed to sin within the commonwealth of Virginia, perpetrate these ctimes, and go unwhipt of Justion; but charge and convict thom according to their own Jaw. Virginia bas laws and institutions sufficient for ber protection. Sbebas thrown over the lives of hor citizens every safoguard she dooms nvecesary and osson- tal, and has made laws necessary for the protection of property and the punishment of those who deprive its owners of it, Itia the boast of our citizens that no man can bo punished beyond what the law requires, ond if the law i not sovere enough, with- in the Legislaturo resis tho proper romody. Captain Brown knew he was committing an offence on slave property. Tio han repeatedly comfossod it, and {3 willing to abide tho oonseqnonces, but indict him for that offenceand do not convict him of am offence he never dreamed of committing. Nothing in the oiroumstances of thie case demande fucb a courses Of procedure, Public ree per : rrr Tt TY? tafoty docs not requtre him to be pantshed contrary to ‘Vaited Sates twenty onc mon, diack 4 white, when there was nothing in the world to 0 ose him, how in Beaven’s namo can it be aup osed, with ' him and ol) bia companions struck down, the Sontb awako, * of this danger of another scheme similar to his? It # hardly’ necevsary to make theao remarks; it 9 the duty o tho jury to be blind to all outside of the caso, The physical courage of those who suppressod the insurrection has been highly commended, but it ia moraXcourage, superior to that which can resist projadice and passion. Let simple Justice be meted ont to the prisonor, Ho asked nd more, and called on the jury to preserve their oaths in- tact, their homor untarnished, and tho roputation of tho commonwealth for justice, magnanimity and chivalry un- deemed it a wondor, undor the circumstances, that. the truth should havo been as fully developed as it has bean. He especially bore honorable tostimopy to Captain Sinn, who voluntarily came from another State with the simple purpose of doing justice. ‘Mr. Canon spoke of the embarrassment with which he undertook the case. He intended to do hia duty taithful- ly, and had come to dea) with the prisoner, not as Captain Brown, leader of this foray, but simply as a prisoner wn. der the charge of violating the law. If that law did not warrant a conviction, he should endea- vor to make that appear to tho jary. till ho would say ho had no sympathy with the prigoner. His birth and residence, until withia a few yeare, bas been in Virginia, in connection with the ingtita- ton of slavery. Although now aresident of tho District of Columbia, he had returned to his native State to spend the remainder of his days, and mingle his dust with ber soil. No other motive operated on him than a disinterest ed one to do his duty faithfully. He regretied the excite- ment respecting the case, but was glad to hear the Juciges| say on Saturday that he desired to try this caso preciecly like others. Ho dosired, and the whole State, and the whole Bouth desired, that tho irlal should be fair, and it had becm fair. Circumstance; bad interrupt. ed «(ts )=s progress; counsel wero here with out proper preparation, but indulgenco had been granted, and they made no complaint. They should do the best they could under tue circumstances, and could not complain of the excitemenut—it was natural. He hoped it wonld not interfero with the course of jastice or cast a stain on the honor of tho Stato. The jury had sworn they were unbiassed, and he presamod they would Grmily discharge their oaths in bringing in a verdict. He could not understand from the opening of he prosecution ‘on what ground these charges againet the prizoner were attempted to be sustained. The Commonwoalth Attornéy indulged in a strain of abuse of the prieon- er, and pronounced sentence om hm without waiting tho verdict of the jary, thus usurping the plane of the judge. There wore throo distinct chargee; the first was of treason. This was an offence at common law; the word is dertyed from a French word, signifying betrayal. Treason means betrayal of trast or confidence, the viola- tion of fidelity er allegiance to the commonwealth. He maintained that treason could not be committed against a common wealth except by a citizen thereof. In the progent cago the whole proof shows that this prisoner is not a citizen of Virginia, and be thorefore cannot be found guilty of treason, Tho indictment charges tho prisoners with committing every act composing troafon. They are charged with levying war against tho Sixte and exciting slaves to insurrection, but there was no proof that they committed these acts charged; no proof that they rusisted any process issued again. them as violators of the autho- rity of the Commonwesiih. They were rather guilty of restating Qolonel Leo, which was resiet- anco to the federal government, and not to the Commonweslth, He had read carefully the prepared provisional constintion, and regarded ¥ as ridi. culous nonsense—a wild, chimerical production. It coukd only be produced by men of unsound minds. It defines no territory over which it is intended to operate, and says that we-that is, the aignore of the document, not all cIu- wns of the United States—do ostablish the following pro- visional government. What is it? It is an association or copartnership; they are to own property in common, and regulate its tenures; & did not ocontem- plato & government, but mercy a voluntary association to abolish slavery; did not even undortake to levy taxes, which ia on essential to any go- vorument. It does not appear that this aszeciation was to be established in Virginia, or where it was to go into citvot ‘This was not treascn. Is it the adoption of a constitation or the establishment of a government? By no moans. Thoso parties had a mere Imaginary govornment to go vern themselves, and nobody else, just like governing a military company or debating society. Even if they in- tended to set up a government over the other, they did not do ft, There was o principle that evory piece of ovi- dence was to be construed most fayorably to the accured, who should have tho benedlt of every doubt. In cousi- dering the evidence they must consider the whole of it; they must take the declarations of the prisoner in his own favor as well as against himself. Now look at the 46th article of this pro- visional constitution, which exprossly declarco that th foregoing articles shall not be construed to encourage the overthrow of any Atato government or genoral govern- ment, and look to the dissolution of the Union, bat simply as amendment and repes!. This was in evidences before the jury, being submitted by the prosocution. Agaln, the prisoner is charged with conspiring with slaves to make an insurrection. No proof is shown that the elaves oater- ed tate a conspiracy, and unless that was tho caso, thore was no conepirncy. Onc party cannot conspire alone. Each charge is to be considored alone by tho jury. If they Dolieve the evidence, it does not warrant the conviction of treason, and they must consider tho change of conspi- racy just as if no charge of treason had been mado. One count in the indictment was not to bo brought in to id another. He considered the prisoner hada right to be tried on one charge ata time, and ontirely disconnected with any other. The Court had, however, overruled tho motion on Saturday, and hence the importance of making this point clear to the jury, co that they might not confuse tho various off~uces and tho evidence relating to each. Next, ag to murder. It was a vory singular way of doing en indictment. ive prisoners are charged with the mur- der of four men. That they might have joiutly done it ho could understand, but not that they could severally have done #. Hoe declared it was almost im- possibio for the prisoner to make a defence against such a charge. It was too loose and vague. By the laws of Virginia there was but one epocific murder pun- ishaoblo aa capital, and that was deliberate, promeditated murdor. The prosecution charged the prisoner with mur- dor in the first degree, but be argued that the evidence in this case did not sustain the charge. Tho prisoner's con- duct in the engine house showed no malico, according to the testimony of Col. Washington and Mr. Alstadt. How- ever ridiculous his project, which it would seem could never hayo entered the mind of asanc man, be might st) bave believed be could carry out that prajoct without bloodshed. At any rate, oO Same man could suppoco ho expected with a. moro handful cffien to accompligh his object by forco; and itis but fair to take his declarations, especially when coupled with his acts, that ho intended toshed no blood except in self-defence, unless you should believe, beyond the slightest dowdt, that thoae declarations were untrue, and that tho prisoner wna actuated by malico in taking the lives of those who never did him harm, and against whom no cause for malice existed, As to Heywood, there was no proof as to how be met his death, or who killed him, or for what cause, and, ag his colleague had ro marked, tho prisoner had no motive to kill nogrocs. ‘The subsequent conflict resulted in loss of life, but the prisoner endeavored to avoid that conflict for tho purpose ef saving life, and thorefore could not haye boen actuated ‘by malice, which is necessary to constitute murder in the first degroo, Even if the prigopers wore gality of murder in the second dogree, or manslaughter, yet netther was a capital crime, and not tho crime obarged in the indictment ‘Ho did not kaow but that Brown was justified tn return-- tng the fire when fred epon under euch circumstances. Tt was a sort of celf-defonce, end very probably had a Aitzle more time been allowed, thoee-men could have been taken inte custody without losa of life. He charged tho Jury to look on this case, ag far aa the law would allow, with ‘fan eye favorable to the prisoner, and when their verdict should bo returned—no matter what it might be—ho trusted that every man In the country would acquiesce in H. Unloas the majosty of the law were supported diseo- lation of the Union must soon encuc, with all the evils that minet necessartiy follow in its Wain. ‘Mr. Hester closed the argument for tho proseention. Yo paid be proposed to argue this oaso precisely tike any othor. He had hoped the counsel who preooded him would have omitted to interpolate apy outside matter, andio a great extent ho had beon gratified, Ope remark be would allode te id thie opening speech of the defence thie morn. tpg, whore be bad been repro ented as having drawn the ‘Picture of the disheveiled locks of an alarmed besuty. His friend bad dono bim eome injustice in tohim a design of exciting alarm or disturbing tho, minds. of. the People unneccesarily. He bad endeavored to march straight forward, withthe sole purpose of digchargiog his dufy in procuring the attainment of justice im respect to stbe prisoners. He would commond to Mr. Griswold the | testimony he had borno in the opening of the Court, that” ‘Bot only have the forms of a fair tria! been extended to the prizoner, but the substance also; that in the midst of all temptations to the oontrary—in the midst of ‘all the \| solid reasons that bay been. urged why a different. course?f—I do not men an itreguiar course—a different lega and constitutional) course by the Governor of Virginia might havo been pursued of declaring martial law and administering drum-head jus- tice; that the Chief Mogistrate Lag aken high conserva tive ground, we, as Virginiane, sre justly proud of, and. that we did not foree this thing beyond what prudence re- quires of us, and that in regard to the power and patriotism of the commonwealth of Virginia, we are sufficient for it, ome when it may and in whatovér form. He proceoded to remove the objections founded on the plea that might aye been made as to the power of this Court to try a case where the offence was committed, It was hardly necessary 10 show that it was within tho county. of Jefferson and within the jurisdiction of this Court. Shore was a law in Virginia making the Potomac river the bounda. ry between Maryland and Virginia, and giving oither State power, by a solemn compact, to execute a criminal pro- cess to the farther bank. These matters, which are con- tained in the codo of Virginia, it was unnecessary to prove by witneseos. ‘Ibe jury couki read the code for them- selves, Another law defined the limits of Jeiforson coun- ty, showing that it embraced the locality where these events occurred, end giving jurisdiction to this Court. It was. bruited in a preliminary stage of tho proccedings, and an attempt was made to arguo, that the United States heldan exclusive jurisdiction over the Armory grounds, but no strces_ was now laid on that point because not one murder ont of the four lives ttken was Committed on the Armory grounds. Mr. Hunter then took up the argument of treason, which he understood to ‘be that nono but am atiaché of tha commonwealth can commit treason agninst ft. It is limited to no parties; it does not require that the offender should be a citizen according to our system of government, and the complicated machinery of fedcral and fiate govern- ments under which, we live. In some respocts we are unfortunately bound to recognise ae citizens of Vir- ginia those who have proven themsclyes within our bor- ders, ag in this cage, and withen! thom, asin othore, our deadliest enemies. The constitution of the United States provides that citizens of each zhall be entitled to all the immunities of citizens of the coveral States. Brown came here with the immunities given by the conetitation. He did not como divested of the responsibilities belonging to those Imanmnities. Let the word treason mean breach of trust, and did he not betray that trust with whic, a8 a citizen, he ig invested when within our borders? By the federal constitution ho was a citizen when be was here; and did that bond of nnion—which may ultimately prove 1a bad bond to us in the South—allew him to come into the bosom of the commonwealth with the deadly purpose of applying the torch to our buildings and shedding tho blood of our citizens? Again, cur code defines who are citizens of Virginia, ee all those white persons born inany other State of this Unien, who may become residents here. The evidence fn this case shows, without a shadow of a question, that whon this man came to Vir+ gine and planted his fecton Harpor’s Ferry,bo came there to resido and hold the pince permanently. It is true that be occupied a farm four or five miles off in Maryland, a short timo since, but not for tho Iegitimate parporo of establishing his domicil there. It was for the nefarious and hellish pur- pose of rallying forees into this commonwealth and establishing himself at Harper's Ferry asa starting point for a new government. Whatevor ‘it wns, whether tragical, or farcical and ridiculous, as his counsel has pre. sented it, his conduct showed, if his declarations wore in- sufficient, that it was not alone for the purpoee of carryiig, off slaves that he came there. Il's provisional govern- tment was a real thing, and no debating society, a5 counzel would have us belieyo; and, in holding office under ft and exorciging its functiqns, ho was clearly guilty of treason. ‘The forty sixth section has beon referred to as Ehowing it was not tréasonabie; but he sup- posed that that meant that the now government wae to be a union of separate States, like the pregeut, with tho <if- fercnce that all were to be free States. The whole docu ment must be taken together. ‘Tho property of slave- holders wes to bo comfined all over tho South, and any man found Ja arms was to be shot down. Their conduc at Harper's Ferry Jooked like insanity, but there waz too much method in Brown's madnoes. His pur. poses wero too woll matured, and ho and his party declared there were thousands in the North ready tojointhem. While the jury arc to take the whole do claration, the law books expressly declare they msy re ject, if they sce good cause to do #0, that which would ox- tenuate the guilt of the prisoner. They are bound tocon- sider it, that’s all. As to conspiring with slaves and re- bels, the law sys the prisoners are equally guilty, whe- ther insurrection fs made or not. Advice may be givon by actions as well ag words. Whon you put pikes in the bands of the siayes, and havo thoir wias- ters captive, that is advico to slaves to rebel, and punishable with death. The law does not require positive evidence, but only enough to remoyo evpry reasonable doubt ag to the guilt of the party. Somstimes circumstantial evidence is the strongest kind, for wit- nesses may perjure thenvelyes or be mistaken. The defence say we don’t know who killed the negro Hey- wood, that Brown did not co it because there was no object, but that it was dark,and the supposition is that Heywood was killed by mistake. They say Brown shot no wnarmed men, but Beckham was killed when unarmed, and therefore be thought the whole cage bad been proved by tho mass of argumont. ‘With regard to malice, the law was that ff the party per- petrating a folony undesignediy tales lifo it is a conclusive proof of malice. If Brown was only intending to steal negroes, and in doing so took life, if was murder with ma- lice prepense. So the law exprosly lays down that kill- ing committed in resisting officcrs attempting to quell a riot or arrcat the perpetrator of a, criminal offence {s mur- der in tho first dogroo. Then what need all this delay? ‘The proof that Brown treated all his prisonora with lenity, end did not want to shed blood, is clear- Brown was not a madman to shed blood when he knew the pensity for ao doing was his own Kis. In the opening he bad scnse enough to know botter than that, but wanted the citizens of Yirginis calmly tofold their ‘arms and Ict him usarpthe government, manumit our elavee, confiscate the property of slaveholdors, and with- out drawing o trigger or abedding blood, permit him to take posseasion of thie Commonwealth and make tt another Hayti. Such an idea {s too abhorrent topursuc. So too the tdea that Brown shed blood only in self-defence, was tco absurd to require argoment, He glories ‘n coming bere to violate our Jawe, end says ho had counted the cost, kmow what bo was about, and was ready to abide the consequences. That preves ma- lice, Thus, admitting everything charged, ho knew his life was forfoited if be failed. Then, ts not the caso mado out beyond all reasonable doubt—cven beyond any wn- reasonable doubt indulged in by the wildest fanatic. Wo, therefore, ask his conviction, to vindicate the. majesty of the taw. While we have patiently borne delays, as well hero as outside in the community, in preservation of tho character of Virginia, that plumes fiself on tg moral charactor, a3 well as physical, and on oyalty ond tte devotion to truth and right. Wo nak you to discard everything else, and render your verdict as you arerworn todo. As the administrators of civil jnriadic- tion we ask no moro than it is your duty to do—no leas, Juatioo fs tho contre upon which the Deity sits. There is another column which represents its mercy. You bayo nothing to do with that, It stands firmly on the column of Justice. Administer tt according to your law—aoquit tho prisoner Uf you can; but if Justice requires you by your verdict (o take hig life, stand by that columa up rightly, but strongly, and let retributtvo justice, if he is guilty, cond bit before that Makor who. will pettlo tho question for ever and ever, Mr, Htrxe cloged at Ball past ono. During most of the argumonts tovay, Brown by 00 is back with big eyes closed. Mr. Cuturey asked tho Court to instruct the jury that If they beloved the prisoner was not 2 citizen of Virginia, ‘but of another Stato, they cannot coayict ond count of, treason. ‘The Coun declined, saying, the constitulion did not give righta and immunities alono, but ntso imposed respons. ‘vibes. Mr. Cauuzoy acked another inoirvetion to the effect that tho Jary must de eatisthed that the piace wore the oilvnce wee commniiied was within tie Boundaries of Jeffrson county, which qyo"Court grantor. ‘A recess was Wken for bat! came in with o yordivt, war, when tho jury 3 aL es eal ‘There was totenee excitement. Brown sat up in dod ‘while the verdict was rendered;""" 4 The jury find him: trempon, . \ aking wii paar: A to rebel, and Whuien the first degree, Brown lay down quickly, and said nothing. There was no demonstration of'any kind. 4 ‘Mr. Cantos moved an arrest of judgment, both on ac- count of errors im tho indictment and errors im the ‘verdict, ~ The objection In regard to the indictment haa already been stated, ‘The prieouer has boon tried for an affemoe. Bot appearing on the rocord of the Grand Jury-—the. ver=.» ‘Vict Wag not oneach cgunt separately, but was a general verdjet on the whol indictmont, Te : [Our report here breaks off.) ‘i 7 elias oe NEWS, RUMORS AND GOSSIP FROM HAR PER'S FERRY. ¥ROM OUR BP#CIAL REPORTER. Ove of our gpecial reporters, who has been at Ilsrpor’a Ferry and chat meighborhood since the firet nows of the outbreak, seturned to this city yesterday, and gives ag some additional itema of news and incidents connected with the altair. f CONTINUED EXCHTUSNENT AND ALAIN. ‘Tho whole of Jefferson county and the adjoining com- tice im Virginia and Maryland continue in a stato of great and inercasing excitement, which will hardly bo. allayed. 20 long a8 ‘Old Oasawatomie Brown’? continues to live, Rumors and reports of movyementa by the a! olitisaists to reecue Brown and bis men, now on trial at Cuariestown, or to avenge their death, should they be executed, wore in continua! circulation, and the authorities were constantly vending and receiving telegraphic despatches on the eub- ject. The purport of these communications was not suf- fered to transpire, Dut enough had leaked os to keep ap the fever. From the romarks of the counsel fur the pro- secution ip opporing delay in the trial of old Brown, as well as from the fow words dropped by the Court (Judgo Parker) in that connection, it was inferred that an attack of come fort was momentarily apprehended. PRRPARANIONS FOR DBFPNCE. Arme had Leon freely issued from the Vaited States Armory at Harper’s Ferry and bad beon plac>d in the hands of every citizen in whom confidence could bo re- posed. A military company—the United Guard, Capt. Sinn, from Frederick, Maryland—had been for some days at Harper’s Ferry; a company of forty or fifty mom bad ‘Deen enrolled in the service of the State at Charlestown, receiving $1 60 per day cach, Ww guard the court house and jail; and besides, many of the inbavitants had orga- nized themselves for patrol service, and were scouring the country im various directions. The reporters at Charlestown were informed, on Friday morning last, that thirty or forty marinos had arrived at Harper's Perry, but po marines had reached there on Saturday morniug, and ¢ that the etory was only wold in order that the aboliticnisis, who are zupposed to read the pacers, might ‘be deterred from making another attack at that point, THE NEGROES STILL UNDER BUEFICION, ‘The Suhabitants are not by any means casy in their inds asto the tempor of the slaves end free ne: ¢ tbem. Colonel Wasbingtou, who was one of ald Brown's hostages, dees not spond his nights at home, and ‘Wo are assured that many other weelthy slave owners, whose residences Ho at s distance from those of their neighbors, also regard ft pradeutto lodge cisewhere for the present; and yet the personal courage of theso gentle- men cannet be questioned. it bas vecn ascertained, re- ris to the covirary notwithstanding, that many negroes in the neighborhood, who bad been’ tampered’ with by Cook and othera of Brown’s gang, had at least cogmizanco of the plane of the maraude: they did not sympathise with them. On the night Colouel Washington was takon, a free negro, who has a veife on tho Coloncl’s = tation, wee spenes the ni there, and althoogh be Taight in an hour an alarm at Charlostowa, only tyro or three miles distant, bo refrained from going 80, aud the first news of ibe wat va by chiizens of 1 nares satay ig ze by citizens of Warper’s next day. doubt that Wesbington’s eoachman: who cLated into the river by citzens aud drowned, bad jolued the rebels a good will. A pistol wae found on him, and be ba’ bis pockets flied with ball cartridges when be was fished out of the river. rifle, and two 5 5 thero was gomething going on st Harper's Torry, and he must turn back. He did 0, and the men remai ‘ng there until be was out of sight. Who these wero, CA ‘Wpnat their connection with Brown’s party, is still amystery. sf MORE OF BROWNS MEN AROUND. It i certain that Brown's was COnSi larger when the attack was made than he bas acroow! od, or was at fireteuppoced. There must bave been leat thirty mon. Besides the two gona of Brown who wera Idlled, abother (Owen Brown) wes engaged with Qook most of the day on Monday in’ carrying arma from the Hewegy Local » ten som in the eens of T's Ferry, and mado bis escape at ni Stephens nao each acknowledge also that they bad a brother in the fight, and they bare not been heard from sinoo. ‘Three or four mon who were stopping at the Wager House on the day Brown bad ‘of the Armory also left very suddenly at night, and are suspected of haying been concerned in the matter. Ove of them had previously been at the hotel and rogistored a different bame. Circumetances have also transpired kading to tho belief that wounded mor haye bon concealed ia the neighborhood for severa! days, aud have received the at- tentions of a physician. At the Relay House, a few nighta since, a man roiled himself from the train from Harper’ Ferry while tt was still in rapid motion, and when pie! sf Ee up be was found to havo a severe stab or gun shot woand in bis side, Le was arrested on suspicion, and is still im custody, STRANGERS SUSPECTED. Every stranger who steps from the cars at Harper's Ferry is closely orutinized, and at onee pat under surveillance, it at the hotel he registers his name a3 comupg from = Northern or Eastern State; any movement beyond the hotel ig eure to be followed by arrest, and an inquisition ag to his business. Senetimes ladi msiakes are made, as for inetanee, in the arrest of two Southern gentlemen, ono of them a clergyman, on their way toa Presbyterian Synod, At wh Btill greater vigilance is main- tained, and no travelling a or pedlar can remain in the pico; three or four of that class hacing already. beem sentaway. On Friday afternoon, while Brown was on trial in the court house for treason and murder, @ woll droaged man who had just arrived in town, aud who spoke witha rather nasal accent, was on trial before a eomamit- * poche ae aes, CF caghoa f reeccnd a of being an al py. The man appea dignant at the questions put to him acecing ae Besa, but finally gave a eausfactory account of and was Buttered to go his way. ‘OLD BROWN’S INRANTTY. ‘The Virginians will not for a moment tolerate the idea that Brown is a monomanisc on the Li dead ag be- North for the purpore of gaining time to Mt out an o3] tion for his reecno. Tho mad and Lis attempt, ay, ‘s only apparent, since he certainly ex] not only an upriai inforcements from the North. preversy ‘and his important ‘ennedy farm wes the only symptom Jpeg 2 z Bs eRe cax only be accounted for om the groun: ox: ‘them to bo taken charge of by other bands of abo ionists who were to arrive during the day. FRED. DOUGLASS" TREACHERY. ‘The reporters were informod, after the arrival of Oook ‘at Charlestown Jail, that he had been even more eommu~ nicative than old Brown, but no reporter was allowed 10 Fre ard ei bende tage made a few a catching rupaway negroes) say tnt Cook tard them if Brown had taken lis advice and retreated to the mountaine at once, with bis and what om oak gather, they world have boen able to suce¢ed, fas a5 it wae the ener eee eee ‘thi ardioe of the n¢ abolitionist . dividual was to have arrived at tho fo pend ont'y) cat Monear y ‘but tery says, J. ¢ arms there ror him ‘and waited nearly night (he coward didn’t oome.”? (OOK 18 A slave owner named Bro l fi a i g es z g E3 be et wbistory of Vir He went all over je plantation, conversed with the ne greet, amd Ctially staid oyer night, After he had gore, a letter was urging Mr. Brown to take stock in some Southern railroad enterprise. Cook recognized his visiter, bot bad very ite tle toxay. Mr. Brown observetl that’ whonever bo dit soak hs Up trembled, and he seemed greatly agitated in ‘viow of his approaching doom. After Cook was arrested he Tg aor yy sel obs ts amr rag brie by nad observed hi: with hig ceptors. Ei face and head still Dear ay ‘ ice recep tnowss SUPPLIRG—ISIB ViRGINIUS, Dnring his residence at the Kennedy Farm, Old Browns, or Smnith, as he was thon known, chased all the sups merous family at Harper's Ferry, Bi eye ae ae eared od his four—gencral eames Hee Woleh ‘ ‘Lega’s tour mills, on the #) Yinginiug,”” a beautiful lilo island in the Shenandoals . rivor, & quarter of a mile above the h snd owned entirely by Mr. Ware, _ gleh's tally Soe #0 wo a wn. i manufacte: ‘these Mes Be int Ola was re u ae Fee ert reo en are the ready’ par ne iad formed.» favorable ‘the cash. He i's rife factory, which wns scised Bay afew rou above; bat the lle perfectly accessible, was not molested. It te here chy for er ee pg ee nacrew escape eure being reerneet contractor. ey Srous i icdtnod of Browata eeptare, ayy powmeed sa so ‘torn ; , they his re rr raion. Mt of te as wero cight or Blankets, &c., and” those omens % vy people, some of whom we were im want of thom. Barrels of flour wero i and ita vem cooking stove appurtenances were removed; Jos of broad wore distribuied to the hungry, and in fact, na short timo the hoase was completely sacked. THR VSYKCT OF TH FORAY—MOVENENTS OF THR ‘(PLOG ‘oaim,”” " It is probable that years must elapse Before the peoplé of this region can so far forget the to regnin a feoling of security; and were it not that the people of Penneytyania have ehown 80 much Bo