Price Twenty-Five Cents. THE LIFE, TRIAL AND CONVICTION OF OAPT. JOHN BROWN BEIKG A FULL ACCOUNT OF TUV A^iTF:\rPTED INSURRECTION AT HARPER'S FERRY, VA. NEW YORK : EOBEET M. DE WITT, PUBLISHER, IGO & 162 NASSAU STREET. W. H. TI^50K, VrL.Ul!^ai Stcrcotji.ir, Hr-nr cf i'^ t i5 Ciz.:.e St., N.l'. TmilllBl! mO-BOOKS OF (IHES IHoi'phj'8 ilatcli (erd of Mr. John Brown, residing in one of our most remote and secluded towns, attracted great attention, and added much to the interest of the Fair. The interest and admiration they excited have attracted public attention to the subject, and lias already resulted in the introduction of several choice animals into this region. We have no doubt but that this influence upon the character of the stock of our county will be permanent and decisive." A gentleman who soon after opened a correspondence with Brown in relation to these cattle, states that his reply is written in a strong and vigorous hand, — and by its orthography, accurate punctuation, and careful arrangement of paragraphs, evinces far more than ordinary taste and scholarship. It is remarkable, not only for the force and precision of the language, for a business letter, and for the dis- tinctness of its statement, but equally for its sound sense and honesty of represen- tation. An extract will interest our readers, as illustrating the former habits and pursuits of a man who has impressed an ill-omened episode upon our national history. " Your favor of the 30th of September came on seasonably ; but it was during my absence in Ohio, so that I could not reply sooner. In the first place, none of my cattle are pure Devons ; but are a mixture of that, and a particular favorite stock from Connecticut, a cross of which I much prefer to any pure English cattle, after many years' experience of different breeds of imported stock I was several months in England last season, and saw no one stock on any farm that would average better than ray own, and would like to have you see them all together." Such were the habits and tastes of the man, while engaged in the pursuits of husbandry. What a contrast is presented, by the intelligence and zeal here dis- played in a worthy and useful occupation, which was leading him along the .pleasant paths of peace, contentment, and prosperity, to the career of violence to which he has since been impelled, less perhaps by his own insane fanaticism, than by stimu- lations applied by others to his ardent and fearless temperament. The natural impulses of Brown, those who knew him will afiSrm, were honorable and just, and his education and abilities of a superior order ; but his mind has been distorted and his passions inflamed by a mad delusion. Brown was at North Elba during a large part of the last summer, engaged every- where disseminating his opinions. The small remnant of his family which has escaped his fatal schemes, still remains on the farm at that place, clustering around the hearth that has become so fearfully bereaved and desolated. JOHN BROWN IN KANSAS. It was in this new territory that John Brown first appeared as a military man, although we have seen a statement that he was iu the service at Plattsburgh or THE HARPER'S FERRY INSURRECTION. 11 Ogdensburgh during the war of 1812. Brown appeared ia Kansas in 1855, and settled in the Osage country. He was a decided Anti-Slavery man — a religious enthusiast, a rigid Presbyterian — correct and conscientious in all his relations and conduct, and modest and unassuming in his manners. At the same time he was a man of iron will, of untiring energy and of unbounded nerve. All who know him are impressed with the belief that he never knew fear, and that no man ever lived who excelled him in cool and daring intrepidity. In all his affrays in Kansas he embarked in the most dangerous and apparently desperate enterprises, and encoun- tered the greatest odds with a cool self-possession and an unbounded confidence in his own success. He was made the object of the most active persecutions of the Missourians, and all the bitterness and stern determination of his nature were stirred up from their very depths in retaliation. One of his sons (Frederick) was met alone on the road by a large party of invading Missourians, and cruelly, brutally murdered without a cause. Another son (John) was, for no cause but his political opinions, loaded with chains and driven on foot before the horses of his captors from Ossawatomie to Tecumseh, under such circumstances of cruelty as to destroy his reason. His own house and the house of his son were both fired and destroyed. The women of the family were grossly insulted, and a Committee, ap- pointed at a public meeting, notified Brown and other Free-State men on Potawat- omie Creek, that if they did not leave the Territory in three days they would be hung. His friends and neighbors were murdered around him ; he was forced into a war of self-defence, and finally a price was publicly set on his head. The effect of these things, in connection with all the other outrage, oppression and murder perpetrated around him, upon a man of Brown's temperament, 'may be conceived. He became a fighting man, and developed qualities that excited the admiration and surprise of his friends, and made him the terror of his enemies. Though remorse- less and relentless as death itself, he did everything under a sense of duty and high religious excitement. The more fervent his prayers, the harder fell his blows, and the more signal and bloody his victories, the more heartily did he return thanks to the Lord after the fight was over. A Committee of five called on him on one occasion, and informed him that he must leave the Territory in three days or die — that they would come to his house with a sufficient force at the end of that time, and if they found him still there, they would hang him. The old man thanked them for- the notice, saying, very coolly, " Ybtt will not find me here then, gentlemen." Before the next sun rose, the five members of that Committee were in the other world. Whether Brown killed them or not, is unknown, but it is certain, had they lived, that they would have killed him, and no man knew that better than he. On one occasion the well-known Henry Clay Pate started out from Westport, Missouri, with a party of thirty-three men, full of boastings and promises to catch " Old Brown," and take him a prisoner to Missouri, his only fear being that he would not be able to find him. Brown was very easily found, however, for with sixteen men he went out to meet Pate, and after a short fight, and a few men killed and wounded, at Black-Jack, near the Santa Fd road Pate and his party surrendered to " Old Brown," with the excep" 12 THE HARPER'S FERRY INSURRECTION. tioa of a AYyandot Indiau of the name of Long, and the notorious Coleman, who had murdered Dow. These two men, being well mounted, made their escape. Upon another occasion, a body of some 220 men were raised and equipped in Jackson County, Missouri, and started into Kansas under the command of General Whitfield, to attack and capture " Old Brown," as every one called him. Brown, who was always vigilant and wary, and was possessed of secret means of intelli- gence, had made full preparation to meet the Missourians, and was encamped with 160 men at a chosen point near the Santa Fe road, which he knew his enemies would pass. He had fifty men with Sharpe's rifle's which would kill at half a mile, and which could be loaded at the breech and fired with great rapidity, whom he had concealed in a ravine, lying on the ground, and commanding the prairie for a mile before them. The residue of the party he had concealed iu the timber, ready, at the proper moment, for an attack on the flank of those who might reach the ravine alive. Colonel Sumner, with a squad of dragoons, came down from Fort Leavenworth and prevented the fight, disbanding both parties, after which the Colonel was heard to remark, that his interposition was a fortunate event for the Missourians, as the arrangements and preparations made by Brown would have insured their destruction. It will be recollected that in 1856, when Geary came into the Territory, Atchi- son and Reid were therfe with an invading army, variously estimated at from 2,000 to 2,100 men, bent on the destruction of several towns and the extermination of the Free State men, and that Geary, with great difficulty, negotiated and persuaded them to retire, and that his success was a matter of rejoicing over all the North, as there was a Free State force assembled of not over 500 to resist them, who were but poorly prepared for the fray. Not so John Brown, who was greatly vexed at the result, and who insisted that his friends had lost a happy chance of putting an end to the war, and covering themselves and their cause with glory. The odds of five to one he counted as nothing. " What are five to one," said he, " when our men would be fighting for their wives, their children, their homes, and their liberties, against a party, one-half of whom were mercenary vagabonds who enlisted for a mere frolic, lured on by the whisky and the bacon, and a large portion of the others had gone under the compulsion of public opinion and proscription, and because they feared being denounced as abolitionists if they refused ?" His taste iu this matter was very near being gratified. A vanguard of 300 men rode up from Franklin and made a bravado demonstration on Lawrence, in order, as they supposed, to alarm the Free State men, and ascertain how far they could go. Brown eagerly hurried out with 100 men to give them fight on the open prairie, but the enemy retired, and declined the contest, to Brown's great disappointment and disgust. His conduct at the sack of Ossawatpmie is well known. John Eeid, a prominent lawyer of Jackson County, and a member of the Missouri Legislature, marched upon that town with 300 men and two pieces of artillery. The inhabitants were taken by surprise, and Brown had barely time to get into the timber, which lines the Osage River, with thirty men, and a limited supply of ammunition, when the Jolin Bion-u, from a Photograph by Martin M, Lawrence,; 381 Broftdway, N. Y^ THE HARPEE'S FERRY INSURRECTION". 13 whole force of their assailants marched upon the prairie before them. With his usual indomitable courage and unhesitating confidence in himself, he gave no thought to the odds of ten to one, or to making his escape from the danger, nor did he wait for the enemy to commence the fight, but carefully disposing his. men^ he opened a rapid and constant fire, which was returned, of course, but the Missouriaus, not knowing his numbers, and fearing an ambuscade, would not venture into the woods, and their artillery did little harm to men lying on the ground and loading their rifles at the breech. The, result was, that sixty or seventy of the Missouriaus were killed or wounded ; two of Brown's men were killed, and the others he carried off in safety through the timber, up the river and across the ford. Shortly after the Marais des Cygnes massacre. Brown conceived the idea of car- rying the war into Africa, and teaching the fighters on the other side of the bor- der that a continuance of the war would imperil the safety of all the slaves in Western Missouri. While reflecting on this plan, a negro came across the line in the night, imploring assistance for his family and fellows, who were about to be separated and sold to the cotton and rice planters at the South. The first persons he met were Brown and half a dozen of his neighbors, who were discussing the en- terprise thus singularly thrown in their way. Summoning a dozen or more assist- ants, they moved immediately to the border, and dividing into two parties, they made a night of it, with the deliberate purpose of taking all the slaves they could find who had an inclination to be free, and making prisoners of all who should in- terfere with their design. The result of the excursion was the liberation of thirteen negroes, the capture of several white men, and the killing of one person who was making a vigorous resistance. The homicide was not committed by the division of the party to which Brown belonged, but the responsibility of it attaches to him in a degree as the moving actor of the whole proceeding. Both parties then returned to the border with the proceeds of their foraging. The captured Missouriaus were then set at liberty, and told to go home and raise a rescuing force — Brown and company would give them ample time and await their return, when they would set- tle the questions at issue by open battle. A very loud , noise was made in half a dozen counties in Missouri, but no volunteers were found for the proposed action. After waiting three weeks. Brown dismissed all but a handful of his company, and took his line of march through Kansas, Nebraska, Iowa, Illinois and Michigan to Canada. While pursuing his journey through the northern part of Kansas, he was menaced with an attack from a party of Missouriaus, of about three times his own number. After retreating from them a day or two, he came to a halt, took four of them prisoners, and put the rest to flight. The prisoners were lectured soundly on the evil of their ways, and then dismissed, minus their arms and horses. No other interruption was met with on the way to Canada. Snch are a few of the incidents in the life of this remarkable man, which serve to throw some light, not only on his character, but also on the mad attempt in which he was recently engaged. He has elements of character which, under circum- stances favorable to their proper development and right direction, would have made him one of the great men of the world. Napoleon himself had no more blind and 14 THE HARPEE'S FEREY INSUEREOTIOK trusting confidence in his own destiny and resources ; his iron will and unbending purpose were equal to that of any man living or dead ; his religious enthusiasm and sense of duty (exaggerated and false though it was) was yet earnest and sincere, and not excelled by that of Oliver Cromwell or any of his followers ; while no danger could for a moment alarm or disturb him. Though, doubtless, his whole nature was subject to, and almost constantly, for the last three or four years, per- vaded by the deepest excitement, his exterior was always calm and cool. His man- ner, though conveying the idea of a stern and self-sustaining man, was yet gentle and courteous, and marked by frequent and decided manifestations of kindness ; and it is by his friends said of him, that, amid all his provocations, he never perpetrated an act of wanton or unnecessary cruelty. He was scrupulously honest, moral, and temperate, and never gave utterance to a boast. Upon one occasion, when one of the ex-governors of Kansas said to him that he was a marked man, and that the Missourians were determined, sooner or later, to take his scalp, the old man straightened himself up with a glance of enthusiasm and defiance in his grey eye. " Sir," said he, " the angel of the Lord will camp roiuud about me." His is a fierce and relentless nature. The iron of personal wrong, in the form of persecution, oppression and murder, had been driven into his soul, and maddened him into the one idea of life-long, undying war on an institution which he believed to be accursed of God and man. FACTS AND RUMORS CONCERNING- JOHN BROWN. The career of Brown in Kansas was more exciting and romantic than the fabu- lous history of many a famous hero of romance. That young and growing Terri- tory is rife with stories of his adventures, and the whole country has, read with emotions of surprise of the deeds in which he has been a prominent actor. From gentlemen who were with him in his forays, and conversant with all his movements, We gather many interesting particulars, which we add here as they have been related. JOHN BROWN'S MORAL CHARACTER. Wherever he lived, he soon acquired the reputation of a man of the sternest in- tegrity of character. In Kansas he was the great living test of principle in our poUticians. The more corrupt the man, the more he denounced Old Brown, It was a true compliment to be praised or to be recognized by him as a friend ; for, even in his social dealings, he would have no connection with any man of unprinci- pled or unworthy character. In his camp he permitted no profanity ; no man of loose morals was suffered to stay there — unless, indeed, as prisoner of war. " I would rather have the small-pox, yellow fever and cholera all together in my camp, than a man without principle." This he said to the present writer, when speaking of some ruffianly recruits whom a well known leader had recently introduced. " It's TJE HARPER'S FERRY mSURRECTIOlSr. 15 a mistake, sir," he continued, " that our people make, when they think that buIHes are the best fighters, or that they are the fit men to oppose these demagogues. Give me men of good principles — God-fearing men — men who respect themselves, and, with, a dozen of them, I will oppose any hundred such men as these Buford ruffians." His whole character is portrayed in these words. He was a Puritan in the Cromwellian sense of the word. He trusted in God and kept his powder dry. Prayers were offered up, in his camp, every morning and evening ; no food was eaten, unless grace was first asked on it. JOHN BROWN'S POLITICS. First, as to John Brown's political opinions. It is asserted that he was a mem- ber of the Republican party ; but he despised the Republican party. He was op- posed to the extension of slavery ; and in favor, also, of organized political action against it. But when the Republicans cried, Halt I John Brown said, Forward, march! He was an aboUtionist of the ultra school. He had as little sympathy with Garrison as Seward. He believed in human brotherhood and in the God of Battles ; he admired Nat Turner as well as George Washington. He could not see that it was heroic to fight against a tax on tea, and endure seven years of war- fare for a ^political right, and a crime to fight in favor of restoring what he consid- ered an outraged race to every birthright with which their Maker had endowed them. The recent outbreak was premature. The coming triumph of the Republi- can party was the most powerful reason for the precipitate movement. The old man distrusted the Republican leaders ; he said that their success would be a back- ward movement to the anti-slavery enterprise. His reason was, that the masses of the peo pie had confidence in these leaders ; and would believe that by their action they would ultimately and peaceably abolish slavery. That the people would be deceived, that the Republicans would become as conservative of slavery as the De- mocrats themselves,, he sincerely believed. Apathy to the welfare of the slave would follow ; hence, he argued, it was necessary to strike a blow at once. AN INTRODUCTION TO JOHN BROWN. I had heard of old Brown from time to time, but had never met him nor any of his family, until, after the sacking of Lawrence and the destruction of the Hotel and printing-offices, I made my first visit to the country south of the Wakarusa. I went down on horseback ; but, being obliged to stop over night at a house near Palmyra, I found, when the morning broke, that my horse had been stolen. I walked over to Prairie City — a municipality consisting of two log huts and a well — and stayed there until the afternoon, when a company of United States troops approached, rode up in double-file to the door, and made me a prisoner of war I I asked what my offence was. 16 THE HAEPEE'S FEEEY INSUEEEOTIOI . " You were seen near our camp lust night ; shortly after you left, we missed two of our best horses." I angered the captain by laughing heartily at this joke, and explained the reason I had to sympathize with him. I went with him to his camp — where the horses were found ! They had wandered away, and were tracked by a squatter, who at once returned with them. To be thus arrested on suspicion of being a horse thief, was too good an oppor- tunity to be thrown away. I wrote a description of the adventure, entitled " Confessious of a Horse Thief." Now, how to send it ? The mails were not safe ; the country was covered with guerrillas ; Leavenworth was in the hands of the ruffians ; and to return to Lawrence was impossible. I heard of an old preacher, who lived a few miles off, and who 'was preparing to go to Kansas City, in Missouri. I went to find him. His house was situated on the southern side of a creek, which is two or three miles from Prairie " City." I was told to go to the cabin of Capt. Carpenter, and there (where armed men w^ere constantly on guard) they would lead me to " Old Moore, the minister." When men went out to plough, at this period, they always took their rifles with them; and they always worked in companies of from five to ten; for when they attempted to perform their work separately, the bandits, who were constantly hovering about the region, were sure to make a sudden descent and carry off their horses or oxen. Every man went armed "to the teeth."' Whenever two men approached each other, they came up, pistol in hand, and the first salutation invariably was: " Free State or Pro-Slave ?" or its equivalent: " Whai"' ye from ?" It not unfrequently happened that the next sound was a report of a pistol. People who wished to travel without such collisions, avoided the necessity of meeting any one, by making a circuit or running away on the first indication of pursuit. The creeks of Kansas are all fringed with wood. I lost my way, or got off the path, that crosses the creek above alluded to, when, suddenly, thirty paces before me, I saw a wild-lookiug man, of magnificent proportions, with half a dozen pistols of various sizes stuck in his belt, and a large Arkansas bowie-knife promi- nent among them. His head was uncovered; his hair was uncombed; his face had not been shaved for many months past. We were similarly dressed — with red- topped boots, worn over the pantaloons; a coarse blue shirt — and a pistol belt. This was the usual fashion of the times. " Hullo !" he cried, "^ou're in our camp !" He had nothing in his right hand — he carried a water-pail in his left; but, before he could speak, I had drawn and cocked my eight-inch Colt. I only answered, in emphatic tones, " Halt ! or Pll fire !" He stopped and said that he knew me; that he had seen me in Lawrence, and that I was "true;" that he was Frederick Brown, the son of old John Brown; and that I was now within the limits of their camp. After a parley of a few minutes, I was satisfied that I was among my friends, put up my pistol, and shook hands with Frederick. He talked wildly, as he walked before me, turning round every minute, as he THE HARPER'S FERRY INSURRECTION 17 spoke of the then recent affair of Pottawatomie. His family, he said, had been accused of it; he denied it indignantly, but with the wild air of a maniac. His excitement was so great that he repeatedly recrossed the creek, until, getting anxious to reach the camp, I refused to listen to him until he took me to ' his father. He then quietly filled his pail with water ; and, after many strange turnings, led me into camp. As we approached it, we were twice challenged by sentries, who suddenly appeared before trees and as suddenly disappeared behind them. JOHN BROWN'S CAMP. I shall not soon forget the scene that here opened to my view. Near the edge of the creek a dozen horses were tied — all ready saddled for a ride for life, or a hunt after the invaders. A dozen rifles and sabres were stacked against the trees. In an open space amid the shady and lofty woods, there was a great fire with a pot on it; a woman was picking berries from the bushes; three or four men were lying on red blankets on the grass; and two fine-looking youths were standing, leaning on their arms, on guard. One was the youngest son of Brown, and the other was the " Charley " who was subsequently killed at Ossawatomie. Old Brown himself stood near the fire, with his shirt-sleeves rolled up, and a large piece of pork in his hand. He was engaged in cooking a whole pig. He was poorly clad; his toes protruded from his boots. The old man received me with great cordiality, and the little band soon gathered about me. But it was for a moment only; for the captain ordered them to renew their work. He respectfully but firmly forbade conversation on the subject of tlfe Pottawatomie affair; and said that, if I desired any information from the company in relation to their conduct or intentions, he — as their captain — would answer for them whatever it was proper to communicate. I remained in their camp about an hour, and went away with a far higher respect for the strtiggle, and the men engaged in it, than ever 1 had felt before. I thought that I had met men of earnest spirit before ; but this visit first made me acquainted with it. I had seen, for the first time, the spirit of the Ironsides, armed and encamped. JOHN BROWN'S FIRST FIGHT. A few days after this visit, Mr. Henry Clay Pate — a postmaster, politician, and correspondent of the " St. Louis Republican " in Missouri — made his appearance near Palmyra, at a creek called Black Jack, for the purpose, boastingly avowed, of bringing Old Brown a prisoner to Westport. He had thirty men. Brown, after a few dozen volleys, took them captive with ten men. Brown afterward delivered up these prisoners to Col. Sumner, of the U. S. Army, cousin of the Senator from Massachusetts. A incident of this event is deservins: of passing record, as an illustration of the fearless character of Old Brown. Learning 18 THE HARPER'S FERRY INSURRECTION". that Col. Sumner, with his company, was in the neighborhood, the Captain de- termined to pay him a visit, and offered to give up the prisoners, to stand trial, if the Government wished it, for the crime of sacking a store, and repeated robberies on the highway. The Colonel told him that the United States Marshal was in his camp with a writ for Brown's arrest, and that it would be his duty to detain him as a prisoner. Brown answered that if the United States Marshal attempted to serve the writ, he would shoot him dead on the spot. The Colonel replied that if the Marshal produced the writ, he would serve it at every hazard. Brown left the camp unharmed ! I never chanced to meet old Brown for many months after the capture of Cla.y Pate at Black Jack. I ought, however, to mention how the letters that I sent by " Old Moore, the minister," fared. I gave him three letters — the first a little note to a southern lady ; the second, my " Confessions of a Horse Thief ;" the third, a description of the condition of the couutry, in which was an account of the sacking of Palmyra, by H. Clay Pate and his men. I told " Old Moore, the minister," if he were pursued, to destroy the large let- ters, which were designed for publication ; but to preserve the other — the note — as there was nothing in it that could implicate him. He had not gone many miles before he was seen, and pursued by Clay Pate's scouts. In his excitement he forgot my directions — preserved the "incendiary documents" and destroyed the harmless hillet doux. He was captured and brought to the camp. Pate ordered the letters to be opened, as soon as he learned they were mine — for we were rival correspondents for rival journals — #nd appointed Coleman, whom I had denounced as a murderer, to read my productions to his men ! First, came my " Confessions of a Horse Thief." Captain Wood, the United States officer who arrested me, was spared the ridicule I had endeavored to throw on him, for Pate threw the letter into the fire. Next, came my description of the sacking of Palmyra and the Saxon names for Pate and his company. Old Moore declared afterward that he felt uneasy for his safety when he saw the rage which my letters aroused. It was universally admitted that I ought to be hanged, and they swore they would do it, too — when | the cat was belled. As Mr. Moore was a quiet, inoffensive old man, and as he knew nothing of the contents of ray letters till they were read in the pro-slavery camp, they permitted him to proceed on his journey to Kansas City. The next news of Pate was an account of his failure to capture Old Brown, although he had thirty men, and of Brown's success in capturing Pate, although the Old Captain had only ten men. Pate's description of the battle concluded in these pathetic ternis : " In short, as I sometimes say to my friends, I went out to take Old Brawn, but Old Brown took me." Shortly after this affair, the eldest son of Old Brown — John junior — who still lives, THE EAEPER'S FERRY INSURRECTION. ,;^ was made a prisoner at Pottawatomie oa a charge of treason. A heavy ball and chain were fastened to his feet, and in this condition he was marched some sixty miles to Lecompton. The flesh was mangled at his ankles, but the correspondents err in saying that a brain fever ensued and he died. Of him we have the following recent facts : John Brown, junior, who was imprisoned in Kansas, and confined with r,opes and chains, producing insanity, is reported to have died by nearly all who have spoken on the subject. But he is still living, and has been in New York within two years, and the writer has seen the rope-marks yet on his arms. With him we are perfectly well acquainted, and he, like his father, bore the reputation of pos- sessing honesty that could not be bought, and a firmness and courage that could not be appalled. John Brown, junior, is a good representative of his father. The son who was slain in Kansas, and the two who were massacred at Harper's Ferry, with the John just mentioned, and we believe one or two other sons, constituted this remarkable family. THE BATTLE OF OSSAWATOMIE. The next prominent adventure of John Brown was the battle of Ossawatomie, from which he got his popular sobriquet of " Ossawatomie Brown." We give his own account of this affair : Early on the morning of the 30th of August, the enemy's scouts approached to within one mile and a half of the western boundary of the town of Ossawatomie. At this place my son Frederick K. (who was not attached to my force) had lodged with some four other young men from Lawrence, and a young man named Garrison, from Middle Creek. The scouts, led by a pro-slavery preacher named White, shot my son dead in the road, whilst he — as I have since ascertained — supposed them to be friendly. At the same time they butchered Mr. Garrison, and badly mangled one of the young men from Lawrence, who came with my son, leaving him for dead. Tills was not far from sunrise. I had stopped duiing the night about two and one-half miles from them, and nearly one mile from Ossawatomie. I had no organized force, but only some twelve or fifteen new recruits, who were ordered to leave their preparations for breakfast, and follow nje into the town as soon as this news was brought to me. As I had no means of learning correctly the force of the enemy, I placed twelve of the recruits in a log-house, hoping we might be able to defend the town. I then gathered some fifteen more men together, whom we armed with guns, and we started in the direction of the enemy. After going a few rods, we could see them approach- ing the town in line of battle, about one-half a mile off upon a hill west of the village. I then gave up all idea of doing more than to annoy, from the timber near the town, into which we all retreated, and which was filled with a thick growth of underbrush, but had no time to recall the twelve men in the log-,h,o^et and so lost their assistance in the fight. j;t., f,it,' ^ THE HARPER'S FERRY INSURREOTIOIT. At the point abo-ve named I met with Capt. Cline, a very active young man, who had witli him some twelve or fifteen mounted men, and persuaded him to go with ns into the timber, on tlie southern shore of the Osage or Marais-des-Cygues, a httle to the northwest from the village. Here the men, numbering not more than thirty in all, were directed to scatter and secrete themselves as well as they could, and await the approach of the enemy. This was done in full view of them (who must have seen the whole movemetit), and had to be done in the utmost haste. I believe Captain Cline and some of his men were not even dismounted in the fight, ■ but cannot assert positively. When the left wing of the enemy had approached to within common rifle shot, we commenced firing ; and very soon threw the northern branch of the enemy's line into disorder. This continued some fifteen or twenty tninutes, which gave us an uncommon opportunity to annoy them. Captain Cline and his men soon got out of ammunition and retired across the river. After the enemy rallied, we kept up our fire until, by the leaving of one and another, we had but six or seven left. We then retired across the river. We had one man killed, a Mr. Powers, from Capt. Cline's company, in the fight. One of my men, a Mr, Partridge, was shot in crossing the river. Two or three of the party who took part in the fight' are yet missing, and may be lost or .taken prisoners. Two were wounded, viz. : Dr. Updegraff and a Mr. Collis. ft;: I cannot speak in too high terms of them, and of many others I have not now time to mention. One of my best men, together with myself, was struck with a partially spent ball from the enemy, la the commencement of the fight, but were only bruised. The loss I refer to, is one of my missing men. The loss of the enemy, as we learn by the different statements of our own, as well as their people, was some thirty-one or two killed, and from forty to fifty wounded. After burning the town to ashes, and killing a Mr, Williams they had taken, whom neither party claimed, they took a hasty leave, carrying their dead and wounded with them. They did not attempt to cross the river, nor to search for us, and have not since returned to look over their work. I give this in great haste, in the midst of constant interruptions. My second son was with me in the fight, and escaped unharmed. This I mention for the benefit of his friends. Old Preacher White, I hear, boasts of having killed my son ; of course, he is a lion. John Brown. Thus were two hundred men, fully equipped and armed, with muskets, swords, pistols, and artillery, arrested, thrown into confusion, and lost thirty-two men, and bad fifty wounded by a party of sixteen; all of them imperfectly armed. The invaders burned down the little town of Ossawatomie, the mill of the Emi- grant Aid Company, and carried off a sou of Mr. 0. C. Brown, whom they kept for several months a prisoner in Missouri. They supposed him to be a relative of the old man, who had so effectively annoyed them. ' THE HARPEE'S FERRY INSURRECTION". 21 THE BATTLE OF THE SPUES. Bat there is one incident of his recent career in Kansas, which was laughable in its character, and which has never been narrated in the Eastern journals. He took a party of slaves from the vicinity of Atchison. The owners were indignant at him when they heard of it, and organized a formidable party to pursue him. The sheriff weut with them, armed with the parchment terrors of the law. They soon over- took the fugitives. Brown, with Kagi and others, instantly drew up in line of battle to receive them ; and, although less than one-fourth in numerical force, it was evident that they intended to conquer or to die in defence of the negroes. The sheriff, seeing the old man's preparations, wheeled round his horse and galloped off. Dozens of his followers imitated his example. There was one company, however, that refused to fly. Brown captured them. He caused them to dismount, and put the negroes on their horses. They swore. Old Brown ordered them to be silent, as he would permit no blasphemy in his presence. They swore again. " Kneel !" said the old man, as he drew his pistol, with stern earnestness, which left no room to doubt his intention. They knelt down, and he ordered them to pray ! He detained them for five days, and compelled them to pray night and morning. They returned to Atchison ; one of them indiscreetly told the story ; the ridicule that overwhelmed the others compelled them, I was recently informed, to leave the town. This was the last time that I heard of Old John Brown in Kansas. JOHN BROWN'S LATER HISTORY. Of Brown's subsequent career in Kansas, I know personally very little. He aided Montgomery ; he delivered many captives ; he acted, everywhere and always, according to his own convictions ; whether these convictions are right or wrong depends upon the stand-point from which they are viewed. JOHN BROWN'S PRACTICAL NATURE. Old Brown was no politician. He despised the class with all the energy of his earnest and determined nature. His first appearance in the Territory of Kansas was at Ossawatomie, at a public meeting, at which politicians were carefully prun- ing a set of resolutions to suit every shade of Free State men. The motion that called him out was to pass a resolution in favor of excluding all negroes from Kansas. Old Brown rose, and scattered consternation among the politicians by asserting the manhood of the negro race, and expressing his earnest anti-slaveiy convictions with a force and vehemence little likely to please the hybrids then known as Free State Democrats. It was his first and last appearance in a public meeting. Like most men of action, he underrated discussion. He secretly despised even the ablest anti-slavery orators. He could " see no use in this talking," he said. "Talk 2 22 THE HARPER'S FERRY [NSURREOTION". is a national institution ; but it does no good for the slave." He thought it an excuse very well adapted for weak men with tender consciences. Most men, who were afraid to fight, and too honest to be silent, deceived themselves that they dis- charged their duties to the slave by denouncing in fiery words the oppressor. His ideas of duty were far different ; the slaves, in his eyes, were prisoners of war ; their tyrants, he held, had taken up the sword, and must perish by it." The next time he appeared among men assembled in numbers was when Law- rence was surrounded by Sheriff Jones's posse comitatus, during the governorship of Shannon, in the month of December, 1855. His eldest son, John, had command of a large company of men, and he himself had charge of a dozen. He was dis- satisfied with the conduct of Robinson and Lane, and predicted that their celebrated treaty, with its diplomatic phraseology, would only postpone the discussion at arms, which was inevitably and rapidly approaching. Lane sent for him to a Council of War. " Tell the General," Brown said, " that when he wants me to fight, to say so ; but that is the only order I will obey." In disobedience to general orders, he even went out of camp with his dozen men to meet his invaders — to " draw a little blood," as he phrased it — but by the special messenger of Lane he was induced to forego this intention and return. He always regretted doing so, and maintained that if the conflict had been brought on at that time a great deal of bloodshed would have been spared. HOW JOHN RROWN GOT MONEY. Some of the papers are exceedingly anxious to know how Old Brown got his money, and from whom, and why. It has long been a matter of newspaper recoid. The following appeal, which he issued, was extensively printed at the time in the prominent journals of the country : " To the Friends of Freedom : The undersigned, whose individual means were exceedingly limited when he first engaged in the struggle for liberty in Kansas, being now still more destitute, and no less anxious than in times past to continue his efforts to sustain that cause, is induced to make this earnest appeal to the Friends of Freedom throughout the United States, in the firm belief that his call will not go unheeded. " I ask all honest lovers of Liberty and Human Rights, both male and female, to hold up my hands by contributions of pecuniary aid cither as counties, cities, towns, villages, societies, churches, or individuals. " I will endeavor to make a judicious and faithful application of all such means as I may be supplied with. Contributions may be sent in drafts to W. II. D. Calen- der, Cashier State Bank, Hartford, Connecticut. It is my intention to visit as many places as I can, during my stay in the States, provided I am informed of the dispo' sition of the inhabitants to aid me in my efforts, as well as to receive my visit Information may be communicated to me (care of Massasoit House) at Springfield, Massachusetts. Will the editors of newspapers, friendly to the cause, kiudly second THE HARPER'S FERRY INSURRECTION. 23 the measure, and also give this some half a dozen insertions ? Will either gentle- men or ladies, or both, who love the cause, volunteer to take up the business. It is with no little sacrifice of personal feeling that I appear in this manner before the public. *' John Brown." This appeal, in which the italics are in the original, was widely responded to. NOTICES OP THE OTHER INSURGENTS. The next man to John Brown, in the Harper's Ferry aflfair, was John E. Cook, who escaped at the time, but was arrested a few days afterward in Pennsylvania, and sent back to Virginia. Our informant thus relates : MY FIRST INTRODUCTION TO COOK. He knew me by reputation, and I entered into conversation with him. He was dressed in the rough fashion of the period, but his arms, accoutrements, and linen — and after one talked with him, his style of conversation — indicated that he was a young man of a wealthy family. A fair, slim youth of two and twenty, his boast- ing and incessant talking did not strike me favorably. He had a slight impediment in his speech, and the rapidity with which he talked did not improve it. He told me that he had come from Chicago, where, at the time, he had relatives living ; had gone to Leavenworth, and joined (for the sake of betraying them) the Kickapoo Rangers — the most desperate gang of ruffians and murderers ever spewed out over Kansas. He told their plans and — the7i returned What he predicted was fulfilled; his veracity was undoubted. But where was he? We had given him up as lost to us, when he suddenly re-appeared. Lawrence had been sacked since his previous visit. His appearance created a renewed agitation. He went before the Stubbs, the celebrated militia company of Lawrence, told further plans of the Rangers, and, above all, a story of his escape, which removed the doubts about him. The story of Cook's escape, as he told it, was subsequently found to be true. He had been suspected by the Border Ruffian company, and when he asked per- mission to visit Kansas City (with the secret intention of going to Lawrence) a man was sent after him to watch him. Cook stopped at Kansas City, and went up to Lawrence. The spy, finding that he had gone, returned to Kickapoo and reported the treason. When Cook went back to Kickapoo, a company meeting was held. A man planted himself before the door of the room, and the spy pro- ceeded to tell his story. But Cook had already dimly feared and formidably pre- pared himself for this result. It was a terrible situation to be in — a hopeless prisoner, to all human appearances, among thirty enemies. Cook sprang up, with his revolver cocked, and a bowie-knife in his left hand. In an instant, he was at the door, with the muzzle of his pistol within a yard of the doorkeeper's mouth. John E. Cook, unlike his captain, is not a religious man ; and I am very much afraid that he uttered profane words as he ordered the doorkeeper to move aside. 24 THE HARPER'S FFRRY IFSURRECTIOK Whether he did or not, however, the doorkeeper moved. It does not require many words to induce even a brave man to get out of the range of a pistol held in the hands of a desperate prisoner. In a few seconds he had disappeared among the brush ; and — the darkness favoring him — he soon made his way to Lawrence. Cook had an exciting and rough time in Kansas. He found a friend in Charles Lenhart, the organizer of the Free State guerrillas, and with that party he had his first fight. On this occasion, among three or four boys who accompanied Cook, was a young gentleman named Stewart, the only son of a wealthy family in the State of New York. Charley Lenhart was chosen captain. They had not proceeded more than four miles, when they suddenly came upon three Missourians on horse- back, who, as soon as they saw the Lawrence boys, drew up their rifles and fired a volley at them. Stewart fell a corpse — shot through the forehead. The rifles of the 3 9(i Hti.: .vrio THE HABPEE'S FEKRY INSUKREOTION. 89 FACTS AND INCIDENTS. STATEMENT OF COL. JOHN A. WASHINGTON. Col. Joitn A. "Washington, a distant relative of George Washington, and who was taken prisoner by Oapt. Brown, makes the following interesting statement: Between one and two o'clock on Sunday night, I was in my bed at my honse, nve or six miles from Harper's Ferry ; I was awaie; I got up and opened the door into the hall, and before rae stood four men, three armed with Sliarpe's rifles, levelled and cocked, and the fourth — this man Stephens — with a revolver in his riglit hand, and in his left a lighted flambeau, made of pine whittlings. As I opened the door, one of the men said: " Is your name Washington ?" Said I, " That is my name." Perhaps also Cook, who wag of the crowd, also identified rae, as he told me afterward he was taken tliere for that ), purpose. I was then told that I was a prisoner, and one of them said, '"Don't be friglitened." I replied, "Do you see anything that U)oks like fright about me?" " No," he said, " I only want to say, that if you surrender and come with us freely, you are safe." I told them I understood tliat sufficiently, and there was no necessity for further expla- nation ; but I was struck with the number of men sent against me, and asked w'-hat need there was of so many, as there was no danger of an unarmed man in his night-shirt resisting an armed force. I was told to put on my clothes, and of course complied. "Perhaps," said I, " while, I am dressing, you well be so good as to tell me what all this means?" I inquired what the weather was outside, and one of them advised rae to put on an overcoat, as it was rather chilly. Anotiier said tliey wanted my arras, and I opened the gun-closet for them to help themselves. Tliey tlien explained their mission, which they represented to be purely pliilanthropic, to wit, the emancipation of all the slaves in the country. After I was dressed, Stephens said to me, "'Have you got any money ?" I replied, " I wisli I had a great deal." " Be careful, sir," said lie. I told him if I had money I knew how to take care of it, and he could not get it. Said he, " Have you a watch?" My reply was, "I have, but you cannot have it. You have set your- selves up as great moralists and liberators of slaves; now it appears that you are robbers as well." " Be careful, sir," said he again. I told them I was dressed and ready to go. They bade me to wait a sliort time and ray carriage would be at the door. They had ordered ray carriage for me, and pryed open the stable-door to get it out. They had harnessed the horses on tiie wrong side of eacii other, and I tried to induce them to correct the mistake, which tliey did after driving a short distance, but still, being harnessed wrong, and rather spirited animals, they would not work well. My servant, whom they had forced along, was driving. I suspected they were only robbers, and was expecting all along that they would turn off at some point, but they drove directly to the armory. Brown came out and invited me in, saying tliere was a comfortable fire, and I shortly afterward met with Mr. Allstadt, whom they had arrested on the way and brought along in my busrgy wagon. While coming along, the horses being restive, 1 got out and walked up a hill with one of the men, who took occasion to ask ray views on the subject of Slavery in the abstract. I declined an argument on the subject, but he still pressed it upon rae, and I was obliged to refuse the second time. Brown told us to make ourselves comfortable, and added, " By and by I shall reqniro each of you, gentlemen, to write to some of your friends to send a stoilt negro man in your place." This was by way of ransom. He told us he must see the letter before it was sent, and he tliought after tliis was effected they could make an arrangement by "which we could return home. I determined in my own mind not to raako the requisition, 40 THE HAEPEE'S FEEEY INStJEEEOTIOK but he never made application for it, having other matters, before the day expired, attracting liis attention. My sword, wliich had been presented by Frederick the Great to General Washington, was taken from my house, with other arms. Tliis man Cook had been at my house some time before and seen the arms, and at tljat time I beat him at sliooting, and lie tohl me I was the best shot he had ever met. On the way to Harpei''s Ferry he asked me if I had shot any since, and made an apology for being with this party after being so well treated by me. I told him it was of no consequence about the apology, but I would ask one favor of iiim, which was to use his influence to have returned to me the old sword and an old pistol, which, in the present improved state of arras, were only valuable in consideration of their history. He promised to attend to it, and shortly after reaching tlie armory I fiund tlie sword in Old Brown's hands. Said Brown, "I will take especial care of it, and I shall endeavor to return it to you after you are i-eleased." He carried the sword in his hands all day on Monday, until after the arrival of tlie military. Upon the first announcement of the arrival of the militia. Brown came into the room and picked out ten of us, whom ho supposed to be the most prominent men. He told us we might be assured of good treatment, because, in case he got the worst of it in tlie fight, the possession of us would be of service in procuring good terms; we could exercise great influence with our fellow-citizens ; and as for me, he ]:ion of the bridge. In about three hours Col. Lee returned, the alarm having proved to have been false. Notliing further having occurred daring the night to disturb the quiet of the town, on the following morning I disbanded the company and returned home. U THE HARPER'S FERRY I^SURRECTIOK I feel it my duty, before closing this report, to state that the arms in the possession of the volunteer companies in this section of tiie State are almost worthless. I do not think "we have 100 muskets in the county of Jefferson, a border county, and one of the most exposed of all others. With such arms as we fiave, it is butcliery to require our troopa to face an enemy much better equipped. Colonel Moore, of the Thirty-first regiment, informs me in his report, that, out of one hundred and tliirty-five men on duty, he liad not tliirty pieces that would fire with any effect. If the State expects her volunteers to pro- tect her, she must arm them better. Knowing the great interest that will be felt throughout the State, and to vindicate the honor and valor of the troops under my command, I have been more than necessarily minute in this report. I am pleased to inform you, that they obeyed every order with alacrity, and with a full determination to do their duty. The prisoners are doing well, and I do not fear any attempt will be made to rescue them, or that any further disturbances will occur. 1 have the honor to be, very respectfully, RoBEET W. Baylor, Col. Commanding the Va. Troops at Harper's Ferry. A CONYERSATION WITH BROWN". One of that ubiquitous class of persevering inquirers known as Reporters visited Harper's Ferry on the 18th and 19th of October, and was present at an interview between Senator Mason, Congressman Yallandigham, and the prisoner. Brown. The Reporter writes as follows : Harper's Ferry, Oct. 19, 1859. "Old Brown," or " Ossawatomie Brown," as he is often called, the hero of a dozen fights or so with the " border ruffians " of Missouri, in the days of " bleeding Kansas," is the head and front of this offending — the commander of the filibuster army. His wounds, which at first were supposed to be mortal, turn out to be mere flesli-wounds and scratches, not dangerous in their character. He has been removed, together with Stephens, the other wounded prisoner, from the engine-room to the office of the Armory, and they now lie on tlie floor, upon miserable shake-downs, covered with some old bedding. Bi'own is fifty-five years of age, rather small-sized, with keen and restless grey eyes, and a grizzly beard and hair. He is a wiry, active man, and, should the slightest cliance for an escape be afforded, there is no doubt that he will yet give Ids captors much trouble. His hair is matted and tangled, and his face, liands, and clothes, all smouched and smeared with blood. Colonel Lee stated that he would exclude all visitors from the room if the wounded men were annoyed or pained by them, but Brown said he was by no means annoyed ; on the contrary, he was glad to be able to make himself and his motives clearly understood. He converses freely, fluently and cheerfully, without the sliglitest manifesta- tion of fear or uneasiness, evidently weighing well his words, and possessing a good com- mand of language. His manner is courteous and aftable, and he appears to make a favorable impression upon his auditory, which, during most of the day yesterday, averaged about ten or a dozen men. When I arrived in the Arftiory, shortly after two o'clock in the aftei-noon, Brown was answering questions put to him by Senator Mason, who had just arrived from his residence at Winchester, thirty miles distant, Col. Faulkner, member of Congress, who lives but a few miles off, Mr. Yallandigham, member of Congress of Ohio, and several otlier distin- guished gentlemen. The following is a veriatim report of the conversation : Mr. Mason — Can you tell us, at least, who furnished money for your expedition ? Mr. Brown — I furnished most of it myself. I cannot implicate others. It is by my own folly that I have been taken. I could easily have saved myself from it had I exer- cised my own better judgment, rather than yielded to my feelings. Mr. Mason — You mean if you had escaped immediately? Mr. Brown— No; I had the means to make myself secure without any escape, but I allowed myself to be surrounded by a force by being too tardy. Mr. Mason — Tardy in getting away? Mr. Brown — I should have gone away, but I had thirty odd prisoners, whose wives and daughters were in tears for their safety, and I felt for them. Besides, I wanted to THE HARPER'S FERRY INSURRECTION". 45 allny the fears of those who believed we came liere to bnrn and kill. For this reason I allowed tlie train to cross tlie bridge, and gave them full liberty to pass on. I did it only to spare the feelings of those passengers and their families, and to allay the api)reliensi()ns that you had got here in 3'oui- vicinity a band of men who had no regard for life and pro- perty, nor any feeling of Inimanityi Mr. Mason — But you killed some people passing along the streets quietly. Mr. BiiowN — \Vell, sir, if tliere was anything of that kind done, it was without my knowledge. Your own citizens, who were my prisoners, will till you tliat every possible means were taken to prevent it. I did not allow my men to fire, nor even to ri'turn a fire, when tliere was danger of killing those we regarded as innocent persons, if 1 could help it. They will tell you that we allowed ourselves to be fired at reiieatedly and did not return it. A Bystander — That is not so. You killed an unarmed man at the corner of the house over there (at the water tank) and another besides. Mr. Brown — St-e here, my friend, it is useless to dispute or contradict the report of your own neighbors who were my prisoners. Mr. Mason — If you would tell ns wl:o sent you here — who provided the means — that would be information of some value. Mr. Brown.— I will answer freely and faithfully about what concerns myself — I will answer anything I can with honor, but not about others. Mr. Vallandigiiam (member of Congress from Ohio, who had just entered) — Mr. Brown, who sent you here? Mr. Brown- — No man sent me here ; it was my own prompting and that of my Maker, or that of the devil, whichever you please to ascribe it to. I acknowledge no man in human form. Mr. VALLANDiGnAM — Did you get up the expedition yourself? Ml*. Brown — I did. Mr. Vali>andigham — Did you get up this document that is called a constitution? Mr. Brown — I did. They are a constitution and ordinances of my ovvn contriving and getting up. Mr. Vallandigham — How long have you been engaged in this business? Mr. Brown — From the breaking of the difficulties in Kansas. Four of my sons had gone there to settle, and they induced me to go. I did not go there to settle, but because of the difficulties. Mr. Mason. — How many are engaged with you in this movement? I ask those ques- tions for our own safety. Mr. Brown — Any questions that I can honorably answer I will, not otherwise. So far as I am myself concerned I have told everything truthfully. I value my word, sir. Mr. Mason — What was your object in coming? Mr. Brown — We came to free the slaves, and only that. A Young Man (in the uniform of a volunteer company) — How many men in all had you ? Mr. Brown — I came to Virginia with eighteen men only, besides myself. VoLiTNTKEB — What in the world did you suppose you could do here in Virginia with that amount of men? Mr. Brown — Young man, I don't wish to discuss that question here. Volunteer — You could not do anything. Mr. Brown — Well, perhaps your ideas and mine on military subjects would differ materially. Mr. Mason — How do you justify your acts ? Mr. Brown — I think, my friend, you are guilty of a great wrong against God and humanity — I say it without wishing to be offensive — and it would be perfectly right in any one to interfere with yon so far as to free those you wilfully and wickedly hold in bondage. I do not say this insultingly. Mr. Mason — I understand that. Mr. Brown — I think I did right, and that others will do right who interfere with you at any time and all times. I hold that the golden rule, "Do unto others as you would that others should do unto you," applies to all who would help others to gain their liberty. Lieut. Stuart — But you don't believe in the Bible. Mr, Brown — Certainly I do. 46 THE HAEPEE'S FEEEY mSUEEECTIOK Mr. Vallandigham — Where did your men come from ? Did some of them come from Ohio? Mr. Brown — Some of tliem. Mr. Vallaxdigham — From the "Western Eeserve? None came from Scmtheni Oliio? Ml". Di.owx — Yes, I believe one came from below Steubenville, down not far from Wheeling. Mr VALT-ANDicnAM — Ifave you been in Ohio this summer? Mr. EuowN — Yes, sir. Mr. Vallandigham— Hew lately? Mr. 1>R0WN — I passed throagii to Pittsburg on my way in June. Mr. Vallandigiiam — Were you at any county or State fair there? Mr. Bhowx — I was not — not since June. Mr. Mason-— Did you consider tliis a military organization, in this paper (the Constitu- tion) ? I liave not yet read it. Mr. Bkown — I did in some sense. I wisli you would give that paper close attention. Mr. Masox — You considered yourself tlie Commander-in-Chief of tiiese ''provisional" military forces. Ml-. Bjiowx — I was chosen agreeably to the ordinance of a certain document, com- mander-in-cliief of that force. Mr. Mason — What wages did you ofier? Mr. Bkowx — None. Lieut. Stuaet — "Tlie wages of sin is death." Mr. Bkown — I would not have made such a remark to you, if you had been a prisoner and wounded in my hands. A Bystandek — Did you not promise a negro in Gettysburg, twenty dollars a mouth ? Mr. Bi'.owN — T did not. Bystander — He says you did. Mr. Vallaxdigham — Were you ever in Dayton, Ohio? Mr. BuowN — Yes, I must liave been. Mr. Vallandigham — This summer? Mr. BiiowN — No ; a year or two since. Mr. Mason — Does tliis talking annoy you? Mr. Biiowx— Not tlie least. Mr. Vallandigiiam — Have you lived long in Ohio? Mr. Brown— I went there in 1850 ; I lived in Summit County, which was then Trum- bull County; my native place is in York State; my father lived there till his deatli, in 1805. ' -^ , Mr. Vallaxdigham — Do vou recollect a man in Oliio named Brown, a noted counter- feiter ? Mr. Bkown — I do; I knew him from a boy; liis father was Henry Brown ; they were of Irish or Scotcii descent, and lie had a brother also engaged in tliat business; when boys they could not read nor write : they were of a very low family. Mr. Vallaxdigham— Have you been in Portage County lately ? Mr. Bkowx — 1 was there in June last. Mr. Vallaxdigham — Wlien in Cleveland, did you attend tlie Fugitive Slave Law Con- vention tiiere? Mr. Bkowx — No. I was tliere about tlie time of the sitting of the court to try the Ober- lin rescuers. I spoke there publicly on that subject. I spoke K0WN — Yes, I did; I heard hiin express his opinions upon it very freely and frankly. THE HARPER'S FERRY mSURRECTION. 47 Mr. Vali.andigham — Justifying it? Mr. Bi:OWN — Ye8, sir; I do not compromise him certainly in saying that. A Bystandek — Did yuu go out to Kunsas under the auspices ot the Emigrant Aid Society ? Mr. Ijkowx — No, sir; T went out under the auspices of .Jolm Brown and nohody else. Mr. VAi,L.ANDiGnAM — Will you answer tliis: Did you talk with Giddings about your expedition here? Mr. DuowN — No, I won't answer that ; because a denial of it I would not make, and to make any affirmation of it I siiould be a great dunce. ilr. VAi.LANDiGnAM — Have you had any correspondence with parties at the North on the subject of tills movement ? Mr. BuowN — I have had correspondence. A Bystander— Do you consider this a religious movement? Mr. Bi:owN — It is, in my opinion, the greatest service a man can render to God. Bystaxdeu— Do you coujiuer yourself an iustrument in the hands of Providence? Mr. BuowN — I do. Bystander — Upon what principle do yon justify your acts? Mr. Brown — Upon the golden rule. I pity the poor in bondage that have none to help . them; t,hat is why I am iiere; not to gratify any personal animosity, revenge or vindic- tive spirit. It is my sympathy with tlie oppressed and the wi'onged, that are as good as you and as precious in the sight of God. Bystander— Certainly. But why take the slaves against their will? Mr. Brown — I never did. Bystander — You did in one instance, at least. Stei)hen-;, the other wounded prisoner, here said, in a firm, clear voice — "You are right. In one case, 1 know the negro wanted to go back." A Bystander — Where did you come from ? Mr. Stephens — I lived in Ashtabula county, Ohio. , Mr. Vai.landigham — How recently did you leave Ashtabula county? Mr. Stephens — Some months ago. I never resided there any length of time ; have been throui;li there. Mr. Vallandigham — How far did you live from Jefferson? Mr. Brown — Be cautious, Stephens, about any answers that would commit any friend. I would not answer that. Stei)liens turned partially over with a groan of pain, and was silent. Mr. Vallandigham (to Mr. Brown) — Who are your advisers in tliis movement? Mr. Brown — I cannot answer that. I have numerous sympathizers throughout the entire North. Mr. Vallandigham — In northern Ohio ? Mr. Brown — No more there than anywiiere else ; in all the free States. Mr. Vallandighaji — But you are not personally acquainted in southern Ohio ? Mr. BiiOWN — Not very mucli. Mr. Vallandigham (to Stepliens) — Were you at the Convention last June? Stephens — I was. Mr. Vallandigham (to Brown) — You made a speech there ? Mr. BnowN — I did. A Bystander — Did you ever live in Wasliingfon city ? Mr. Brown — I did not. I want you to understand, gentlemen — (and, to the reporter of the "Herald'') you may report that — I' want you to understand that I respect the rights of the poorest and weakest of colored people, oppressed by the slave system, just as much as I do tiiose of the most wealthy and powerful. Tiiat is the idea that has moved me, and that alone. We expect no reward, except the satisfaction of endeavoring to do for those in distress and greatly oppressed, as we would be done by. The cry of distress of the oppressed is my reason, and the only thing that prompted me to come here. A Bystander — Wliy did j'ou do it secretly? . Mr. Brown — Because I thought that necessary to success ; no other reason. Bystander — And you think that honorable? Have you read Gerritt Smith's last let- ter? Mr. Brown — What letter do you mean ? * Bystander — The "New York Herald " of yesterday, in speaking of this affair, men- tions a letter in this way : — " Apropos of this exciting news, we recollect a verv signifi- cant passage in one of Gerrit Smith's letters, published a month or two ago, in which he .48 THE HARPER'S FERRY INSURRECTION. speaks of the folly of attempting to strike the sliackles off the slaves hy tlie force of moral suasion or legal agitation, and predicts that the next movement made in the directiun of negro emancipation would be an insurrection in tlie South." Mr. Bkown — I have not seen the "Nevs^ York Herald'' for some days past; but I pre- sume, from 3'our remark about the gist of the letter, tliat I sliould concur with it. I agree vvitli Mr. Smith tliat moral suasion is hopeless. I don't think the people of tlie slave States will ever consider tlie subject of slavery in its true light till some other argument is resorted to than moral suasion. Mr. Vallandigham — Did you expect a general rising of the slaves in case of your suc- cess ? Mr. Brown — No, sir ; nor did I wish it. I expected to gather them up from time to time and set them free. Mr. Vallandigham — Did you expect to liold possession here till then? Mr. Beown — Well, probably I had quite a different idea. I do not know that I ought to i-eveal my plans. I am here a prisoner and wounded, because I foolishly allowed my- self to be so. You overrate your strength in supposing I could have been taken ;"t I had not allowed it. I was too tardy after commencing the open attack — in delaying my move- ments through Monday night, and up to the time I was attacked by the government troops. It was all occasioned by my desire to spare the feelings of my prisoners and their ' fomilies and the community at large. I had no knowledge of the shooting of the negro (Hay ward). Mr. Vallandigham — What time did you commence your organization in Canada? Mr. Bkown — That occurred about two years ago, if 1 remember right. It was, I think, in 18.58. Mr. Vallandigham — Wlio was the Secretary? Mr. Br.owN — That I would not tell if I recollected, but I do not recollect. I tliink the officers were elected in May, 1858. I may answer incorrectly, but not intentionally. My head is a little confused by wounds, and my memory obscure on dates, etc. Dr. Biggs — Were you in the party at Dr. Kennedy's house ? Mr. Biiow.v — I was at the head of that party. I occupied the house to mature my I^lans. I have not been in Baltimore to purchase caps. Dr. Biggs — What was the number of men at Kennedy's? Mr. Brown — I decline to answer that. Dr. Biggs — Who lanced that woman's neck on the hill? Mr. Brown — I did. I have sometimes practised in surgery when I thought it a matter of humanity and necessity, and there was no one else to do it, but have not. studied sur- gery. Dr. Biggs — It was done very well and scientifically. They have been very clever to the neighbors, I have been told, and we had no reason to suspect them except that we could not understand their movements. They were represented as eight or nine persons; on Friday there were thirteen. Mr. Brown — There were more than that. Q. Where did you get arms to obtain possession of the Armory? A. I bought them. Q. In what State ? A. That I would not state. Q. How many guns? A. Two hundred Sharpe's rifles and two hundred revolvers — what is called the Massa- chusetts Arms Company's revolvers, a little under the navy size. Q. Why did you not take that swivel you left in the house? A. I had no occasion for it. It was given to me a year or two ago. Q. In Kansas? A. No; I had nothing given me in Kansas. Q. By wlumi ; and in what State? A. I decline to au'-wer. It is not properly a swivel; it is a very large rifle with a pivot. The ball is larger than a mitsket ball ; it is intended for a slug.. REr>oRTER OF THE Heeald — 1 do not wish to annoy you; but if you have anything further you would like to say I will report it. Mr. Brown — I have nothing to say, only that I claim to be here in carrying out a mea- sure I believe perfectly justifiable, and not to act the part of an incendiary or rulhan, but to aid those sutfering great wrong. 1 wish to say, furthermore, that you had better — all you people at the South — prepare yourselves for a settlement of that question that must THE HAEPER'S FERRY INSURRECTION. 49 come lip for settlement sooner than you are prepared for. The sooner you are prepared the better.. Yon may dispose of me very easily; I am nearly disposed of now; hut tliis question is still to be settled— this negro question I mean — the end of that is not yet. Tiiese wounds were inflicted upon me — both sabre cuts on my head and bayonet stabs in different parts of my body — some minutes after I had ceased fitrhting and had consented to a surrender, for the benefit of otiiers, not for my own. (This statement was vehe- mently denied by all around.) I believe the major (meaning Lieut. J. B. Stuart, of the United States cavalry), would not have been alive; I could have killed him just as easy as a mosquito when he came in. but I supposed he came in only to receive our surrender. There had been loud and long calls of '' surrender " from us — as loud as men could yell — but in the confusion and excitement I suppose we were not heard. I do not thiuk the major, or any one, meant to butcher us after we had surrendered. An Officer here stated that the order to the marines were not to shoot anybody ; but when they were fired upon by Brown's men and one of them killed, they were obliged to return the compliment. Mr. Brown insisted that the marines fired first. An Officer — Wliy did not you surrender before the attack? Mr. Bkown — I did not tiiink it was my duty or interest to do so We assured the pri- soners that we did not wish to harm them, and they should be set at liberty. I exer- cised my best judgment, not believing the people would wantonly sacrifice their own fel- low-citizens, when we offered to let them go on condition of being allowed to change our position about a quarter of a mile. The prisoners agreed by vote among themselves to pass across the bridge with us. We wanted them only as a sort of guaranty of our own safety; that we should not be fired into. We took tliem in the first place as hostages and to keep them from doing any harm. We did kill some men in defending ourselves, but I saw no one fire except directh' in self-defence. Our orders were strict not to harm any one nfit in arms against us. Q. Brown, suppose you had every nigger in the United States, what would you do with them ? A. Set them free. Q. Your intention was to carry them off and free them ? A. Not at all. A Bystander — To set them free would sacrifice the life of every man in this com- rnunity. Mr. Brown — I do not think so. Bystander — I know it. I think you are fanatical. Mr. Beown — And 1 think you are fanatical. " Whom the gods would destroy tliey first make mad," and you are mad. Q. Was it your only object to free the negroes? A. Absolutely our only object. Q. But you demanded and took Col. Washington's silver and watch? A. Yes; we intended freely to appropriate the property of slaveholders to carry out our object. It was for that, and only that, and with no design to enrich ourselves with any plunder whatever. Q. Did you know Sherrod in Kansas? I understand you killed him. A. I killed no man except in fair fight; I fought at Black Jack Point and Ossawa- tomie, and if I killed anybody it was at one of those places. MEETING OF THE COURT— CHARGE TO THE GRAND JURY. Charlestown, Jefferson Countv, Va., ) Oct. 21, 1859. S The Circuit Court of Jefferson County — Hon. Richard Parker, Circuit Judge — which commenced its session yesterday^ was occupied to-day with the trial of the case of State vs. Dilhird, for an assault with an intent to kill. The examination trial of the insurrec- tionists, Brown and his associates, before eight Justices of the Peace, Avill take place on Tuesday, in the court rooms, the Circuit Court adjourning for that purpose. Judge Parker's charge to the Grand Jury was an appropriate effort, referring mainly to the late attempts to incite insuri'ection. He said : 50 THE HARPER'S FERRY INSURRECTION. Gentlemen of the Juet — In the state of excitement into wliicli our whole commnnity has been thrown by the recent occurrences in this county, I feel that; tlie charge which I usually deliver to a Grand Jury would be entirely out of place. Tiiose occurrences cannot but force themselves upon your attention. They must necessarily occupy a considerable portion of tiiat time which you will devote to your public duties as a Grand Jury. However guilty the unfortunate men who are now in the hands of justice may prove to be, still tiiey cannot be called upon to answer to tiie offended laws of our Common wealth for any of the multifarious crimes with which they are charged, until the Grand Jury, after diligent inquiry, shall decide that for these offences they be put upon their trial, i will not permit myself to give expression to any of those feelings wiiicli at once spring up in evei-y breast when reflection upon the enormity of the guilt in which those are involved who invade by force a peaceful uii'uspecting portion of our common country, raise the standard of insurrection amongst tliem, and shoot down without mercy Virginia citizens, defending Virgiiiia soil against their invasion. I must remember, gentlemen, that as a minister of justice, bound to execute over you and laws faithfully, and in the very spirit of Justice herself, I luust, as to every one accused of crime, hold, as the law holds, tliat he is innocent until he shall be proved guilty by honest, independent and an impartial jury of Jus countrymen ; and what is obligatory upon me is equally binding upon every one who may be connected with the prosecution and trials of these offenders. In these cases, as in all others, you will be controlled by that oath which eacli of you have taken, and in which you liave solemnly sworn that you will diligently inquire into all offences which may be brought to j-our knowledge, and that you will present no one through ill-will, as well as that you Avill leave no one unindicted through fear or favor ; but in all your presentments you shall present the truth, the whole truth, and nothing but the truth. Do but this, gentlemen, and you will have but fulfilled your duty. Go beyond this, and in place of that diligent inquiry and calm investigation which you have sworn to make, act upon prejudice or from excitement of passion, and you will have done a wrong to that law in whose services you are engaged. As I before said, those men are now in the hands Of justice. They are to have a fair and impartial trial. We owe it to the cause of justice as well as to our own characters, that such a trial should be afforded them. If guilty, they will be sure to pay the extreme penalty of their guilt, and the example of punishment, when thus inflicted by virtue of law, will be, bej'ond all comparison, more efficacious for our protection than any .torture to which mere passion could subject them. Whether they be in public or private position, let each one of us remember that as the law has charge of these alleged offenders, the law alone, through its recognized agents, must deal with them to the last. It can tolerate no interference by others with duties it has assumed to itself. If true to herself, and she will be, our commonwealth, thrnugh her courts of justice, will be as ready to punish the offence of such interference as she is to punish these grave and serious offences with which she is now about to deal, in case these offences be ])roved by legal testimony to have been perpetrated. Let us all, gentlemen, bear this in mind, and in patience await the result, confident that that result will be whatever strict and impartial justice shall determine to be necessary and proper. It would seem, gentlemen, and yet 1 speak from no evidence, but upon vague rumors which have reached me, that these men who have lately thrown themselves upon us, confidently ex[)ected to be joined by our slaves and free negroes, and unfurled the banner of insurrection and invited this class of our citizens to xally under it, and yet, as I am told, they were unable to obtain a single circuit. i Tlie following is the commitment of the insurrectionists, and the warrant to the sheriflT to summon eight justices to examine the facts with which they stand charged : State of Virginia^ Jefferson County, to wit: — To the sheri'ff^ Court, and to the keeper of the iail of said county. These are to command you, in the name of the Commonwealth of Virginia, forthwith to convey and deliver into the custody of the keeper of said jail, and to receive and safely keep the bodies of John Brown, Aaron C. Ste[)hens, Edwin Coppie, Shiehls Green and John Copland, negro, and cliarged before me, Roger Chew, a Ju'^tice of tlie Peace for said county, on the oaths of Henry A. Wise, Andrew Hunter and John W. McGinnis, and up(m the free admission and confession of said parties made in my presence and hearing, that they and each of them did feloniously conspire with each other and with other parties unknown, to make an abolition insurrection and opeu war against the Commonwealth of Virginin, by making an armed attack uj)on and murdering lier citizens at a certain place called Harper's Ferry, and then and there to riot on fho 17th, 18tli and 19th days of October, 1859, and did feloniously and of their malice kill THE HARPER'S FERRY raSURREOTION". 51 and murder, with firearms called Sharpe's rifles, and revolvers, and pistols, divers citizens of tliis commonwealtli, and Fontainf iJeckliam, Georjre W. Tnrner and Tliomas IJoerly, free white persons, and Luke Quinn, a soldier of tlie United States Government, and also Hayward Slieppard, a free negro, and did there and then, feloniously cons|)iie with divers slaves, belonging to citizens of this Commonwealth, in the county aforesaid, to me unknown, to rebel and make insurrection against tlie government and laws of tliis Com- monwealth, that they may be examined for the said otit'eace before the proper examining court, and otherwise dealt with according to law. Given under my liand and seal this 20ch day of October, 1859. Signed, RoGEPw Chew. To the Sheriff of Jefferson County^ Virginia : — Whereas John Ih-own, Aaron 0. Stephens and Edwin Coppie, white persons, and Shields Green and John Copland, men of color, have been committed by ray warrant witliin and for certain felonies cliarged to have been committed as therein stated by them, and being of opinion tlmt there is snfReient cause for charging said parties with said offences, I connnand you, in the name of the commonwealth, to summon at least eight of the justices of said county to meet at the Court House of said county, on the 25th day of this month, October, 1859, to hold a Court for the examination of the facts with whicli said parties stand charged, and for snch other purposes concerning the premises as are required by law, and have then there this warrant and make return how you have effected the same. Given under my hand and seal this 20th day of October, 1859. ROGEK ClIEW. JOHF BROWN'S IDEA OF GOYERi^MENT, Among the papers in possession of Brown and his party, was the draft of a basis of government, which evidently embraced the fundamental ideas which animated thedeader and his men. The main features of this paper appear in the following synopsis : Provisional Constitution and Ordinances for the People of the United States. Preamble. — Whereas, Slavery throughout its entire existence in the United States, is none other than the most barbarous, unprovoked, and unjustifiable war of one portion of • its citizens against another portion, the only conditions of which are perpetual imprison- ment, and hopeless servitude, or absolute extermination in utter disregard and violation of those eternal and self-evident truths set forth in our Declaration of Independence : Therefore, We, the citizens of the United States, and the oppressed people, who, by a 'recent decision of the Supreine Conrt, are declared to have no rights which tlie wliite man is bound to respect, together with all the other people degraded by tiie laws thereof, do, for the time being, ordain and establish for ourselves the following Provisional Con- stitution and ordinances, the better to protect our people, property, lives, and liherties, and to govern oar actions : Article 1. Qualifications of Membership. N^ All persons of mature age, whether proscribed, oppressed' and enslaved citizens, or of proscribed and oppressed races of the Uiuted States, who shall agree to sustain and en- force the Provisional Constitution and ordinances of organization, together with all minor children of such persons, shall be held- to be fully entitled to protection under the same. Art. 2. Branches of Government, The Provisional Government of this organization shall consist of three branches, viz. : the Legislative, the Executive, and Judicial. Art» 3. The Legislature. /,, The Legislative Branch shall he a Congress or House of Representatives, composed of not less than five, nor more thau ten members, who sliall be elected by all the citizens of mature age aud sound mind, connected with this organization, and who shall romain, ia 52 THE HAKPER'S FERRY INSURRECTION. ofEce for three j-ears, unless sooner removed for misconduct, inability, or death. A majority of such members shall constitute a quorum. Art. 4. Executitie. The Execiitive Branch of the organization shall consist of a President and Vice-Presi- dent, who shall be chosen by the citizens, or members of this organization, and each of whom sliall hold Ids oliice for three years, unless sooner removed by death, or for in- ability, or for misconduct. Art. 5. Judicial, _ The Judicial Branch consists of one Chief Justice of the Supreme Court, and four Asso- ciate Judges of the said Court, each of them constituting a Circuit Court. Tiiey shall each be chosen in the same manner as the President, and shall continue in office until their places have been filled in the same manner by an election of citizens. Articles 13 to 25, provide for the trial of tlie President and other officers, and Members of Congress, the impeachment of Judges; the duties of the President and Vice-Presi- dent, the punishnient of crimes, Army appointments, salaries, etc., etc. These articles are not of special interest and are therefore omitted. Art. 24. Treaties of Peace. Before any treaty of peace shall take full effect it shall be signed by the President, Vice-President, Commander-in-Chief, a majority of the House of Representatives, a majority of the Supreme Court, and a luajority of the general officers of the Army. Art. ^7. Duty of the Military, It shall be the duty of the Commander-in-Chief, and all the officers and soldiers of the ■ arm)', to afford special protection, when needed, to Congress, or any member thereof, to the Supreme Court, or any member thereof, to the President, Vice-President, Treasurer, and Secietary of War, and to afford general protection to all civil officers, or other per- sons having a right to the same. Art. 28. Property. All captured or confiscated property, and all the property tlie product of the labor of those belonging to this organization, and of their tamilies, shall be held as the property of the whole equally, without distinction, and maybe used for the common benefit, or disposed of for tlie same object. And any person, officer, or otherwise, who shall impro- perly retain, secrete, use, or needlessly destroy such property, or property found, cap- tured, or confiscated, belonging to the enemy, or shall willfully neglect to i-ender a full and fair statement of such property by him so taken, or held, shall be guilty of a mis- demeanor, and on conviction shall be punished accordingly. . Art. 29. Safety or Intelligence Fund, All money, plate, watches, or jewelry captured by honorable warfare, found, taken, or confiscated, belonging to the enemy, shall be held sacred to constitute a liberal safety or intelligence fund, and any person who shall improperly retain, dispose of, hide, use, or destroy such money or other articles above named, contrary to the provisions and spirit of this article, shall be deem,ed guilty of theft, and, on conviction thereof, shall be punished accordingly. The Treasurer shall furnish the Commander-in-Chief at all times with a full statement, of the condition of such fund, and its nature. Art. 30. The Commander -in- Chief and the Treasury. The Commander-in-Chief shall have power to draw from the Treasury the money anil other property of the fund provided for in Article 29 ; but his orders shall be signed also by the Secretary of War, who shall keep a strict account of the same, subject to examina- tion by any member of Congress or General Officer. THE HARPER'S FERRY INSURRECTION. 63 Art. 31. Sur2>lus of the Safety or Intelligence Fund. It shall be the duty of the Commander-in-Chief to advise the President of any surplus of the Safety or Intelligence Fund, and he shall have power to draw the same, Ids order bein<; also signed by the Secretary' of State, to enable him to carry on the provisions of Article 17. Art. 32. Prisoners. No person, after liaving surrendered himself a prisoner, and who shall properly de- imnn himself or lierself as such, t.) any officer or private connected with this organization, sli;i!l afterward be put to death, or be subjected to any corporeal punishment, without first having liad tiie benefit of a fair and impartial trial ; nor shall any prisoner be treated witJi any kind of cruelty, disrespect, insult, or needless severity, but it shall be the duty of all persons, male and female, connected herewith, at all times, and under all circum- stances, to treat all such prisoners witli every degree of respect and kindness that the nature of the circumstances will admit of, and insist on a like course of conduct from all others as in fear of the Almighty God, to whose care and keeping we commit our cause. Art. 33. Volunteers. All persons who may come forward, and shall voluntarily deliver up slaves, and have their names registered on the books of this organization, shall, so long as they continue at peace, be entitled to the fullest protection in person and property, though not con- nected with tills organization, and sliall be treated as friends, and not merely as persons neutral. Art. 34. Neutrals. The persons and property of all non-slaveholders who shall remain absolutely neutral, shall be respected so far as circumstances can allow of it, but they shall not be entitled to any active protection. Art. 35. No Needless Waste. The needless waste or destruction of any useful property or article by fire, throwing open of fences, fields, buildings, or needless killing of animals, or injury of either, shall not be tolerated at any time or place, but shall be promptly and peremptorily punished. Art. 36. Property Confiscated. The entire personal and real property of all persons known to be acting either directly or indirectly with or for the enemy, or found in arms with them, or found Avillfully hold- ing slnves, shall be confiscated and taken whenever and wherever it may be found, in either Free or Slave States. Art. 37. Desertion. Persons convicted on impartial trials of desertion to the enemy, after becoming mem- bers, acting as spies, of treacherous surrender of property, arms, ammunition, provisions or supplies of any kind, roads, bridges, persons, or fortifications, shall be put to death, and their entire property confiscated. Art. 38. Violation of Parole of Honor. Persons proved to be guilty of taking up arms after having been set at liberty on parolo of honor, or after the same to have taken any active part with or for the enemy, direct or indirect, shall be put to death, and their entire property confiscated. Articles 39, 40, and 41, require all to labor for the general good, and prohibit immoral actions. Art. 42. The Marriage Relation — Schools — Hie Saiiath. .idi Marriage relations shall be at all times respected, and families shall be kept together ks far as possible, and broken families encouraged to reunite, and intelligence ofiices shall bo established for that purpose. Schools and churches shall be established as may be, for 4 ^4 THE HAEPEE'S FEERY INSURRECTION". the purpose of religious and other instruction, and tlie first day of tlie week shall be regarded as a day of rest and appropriated to moral and religious instruction and im- provement to the relief of the suffering, the instruction of the young and ignorant, and the encouragement of personal cleanliness, nor sljall any person be required on that day to perf(jrm ordinary manual labor, unless in extremely urgent cases. Art. 43. To Carry Arms Openly. All persons known to be of good character, and of sound mind, and suitable age, wlio are connected with this organization, -whether male or female, shall be encouraged to carry arms openly. Art. i-t. No Person to Carry Concealed Weapons. No person within the limits of conquered territory, exce])t regularly appointed police- men, express officers of army, mail carriers, or other fully accredited. messengers of Con- gress, the President, Vice-President^ members of tlie Supreme Court, or commissioned officers of the Army, and those under peculiar circumstances, siiall be allowed at any time to carry concealed weapons ; and any person not specially authorized so to do wiio shall \)& foniul so doing, shall be deemed a suspicious person, and may at once be arrested by any officer, soldier, or citizen, without the formality of a comjduint or warrant; and may at once be subjected to tiiorough searcli, and sl:ull have his or her case thoroughly inves- tigated, and be dealt with as circumstances on proof shall require. Article 45. Persons to he Seized. Persons living within the limits of territory holden by this organization, and not con- nected Vs'ith this organization, having arms at all, concealed or otherwise, shall be seized at once, or be taken in charge of by some vigilant officer, and their case thoroughly investigated ; and it shall be the duty of all citizens and soldiers, as well as officers, to arrest such parties as are named in this and the preceding section or article, without for- mality of complaint or warrant ; and they shall be placed in charge of some proper officer for examination, or for safe keeping. Article 46. These Articles not for tlie OvertTirow of Government. The foregoing articles shall not be construed so as in any way to encourage the over- throw of any State Government or of the General Government of the United States, and look to no dissolution of the Union, but sin^ply to amendment and repeal, and our Sag stall be the same that our fathers fought under in the Revolution. Article 47. I^o Plurality of Offices. No two offices specially provided for by this instrument shall be filled by the same person, at the same time. Article 48. Oath. Every officer, civil or military, connected with this organization, shall, before entering upon the duties of office, make a solemn oath or affirmation to abide by and support the Provisional Constitution and these ordinances. Also, every citizeij and soldier, before being recognized as such, shall do the same. Schedule. The President of this Convention shall convene, immediately on the adoption of tliis instrument, a Convention of all such persons as shall have given tlieir adherence, by sig- nature to the Constitution, who shall proceed to fill by election all offices specially named in said Constitution — the President of this Convention presiding and issuing commissions to such officers elect. All such officers being hereafter elected in the manner provided in the body of this instrument. THE HARPER'S FEERY 1NSURRE0TI0:N". 53 THE TRIAL. FIRST DAI? FIRST EXAMINATION OF THE PRISONERS. Charlestown, Va., Tuesday, Oct. 25, 1859. The preliminary examination of Brown and otlier Harper's Ferry conspirators, com- menced here to-day, in the Magistrate's Court. Col. Davenport was the presiding Justice, and the following magistrates were associated with him on the bench : Dr. Alexander, John J. Lock, John F. Smith, Thos. H. Willis, George W. Eiohelberger, Charles H.Lewis, and Moses W. Burr. At 10|- o'clock the sheriff was directed to bring in the prisoners, who were conducted from the jail under a guard of 80 armed men. A guard was also stationed around the Court. The Court-House was bristling with bayonets ou all sides. Charles B. Harding, Esq., acted as Attorney for the County, assisted by Andrew Hunter, counsel for the Commonwealth. The prisoners were brought in, Brown and Edward Coppie manacled together. Brown seemed weak and haggard, with eyes swollen from wounds on the head. Cop- pie is uninjured. Stephens seemed less injured than Brown, but looked haggard and depressed. Both have a number of wounds on tlie head. Jolin Copland is a bright mulatto, about 25 years of age, and Green a dark negro, aged about 30. Sheriff Campbell read the commitment of the prisoners, who were charged with treason and murder. Mr. Harding, tlie attorney for the State, asked that the Court might assign counsel for the prisoners, if they had none. The CouET then inquired if the prisoners had counsel, when Brown addressed the Court as follows : " I did not ask for any quarter at the time I was taken. I did not ask to have my life spared. The Govenlor of the State of Virginia tendered me lils assurance tliat I sliould have a fair trial ; and. nnder no circumstances whatever, will I be able to have a fair trial. If you seek my blood, you can have it at any moment, without this mockery of a trial. I have had no counsel. I liave not been able to advise with any one. I know nothing about the feelings of my fellow-prisoners, and am utterly unable to attend in any way to my own defence. ^ly memory don't serve me. My health is insufficient, althougli improving. There are mitigating circumstances that I would urge in our favor, if a fair trial is to be allowed us. But if we are to be forced with a mere form — a trial for execution — you might spare yourselves that trouble. I am ready for my fate. I do not ask a trial. I beg for no mockery of a trial — no insult — nothing but that which con- science gives, or cowardice would drive you to practise. I aslc again to be excused from the mockery of a trial. I do not even know what the special design of this examination is. I do not know what is to be the benefit of it to the Commonwealth. I have now little further to ask, other than that I may not be foolishly insulted, only as cowardly barbarians insult those wlio tall into their power." At tlie conclusion of Brown's remarks, the Court assigned Charles J. Faulkner and Lawson Botts as counsel for the prisoners. ilr. Faulkner — I was about to remark to the Court that, although I feel at any time willing to discharge any duty wliich the Court can legally claim, and by authority of law devolve upon me, I am not aware of any authority wiiich this Court has, sitting as an Examining Court, to assign counsel for the defence. Besides, it is manifest from the remarks just made by one of the prisoners, that lie regards the appearance of counsel under such circumstances not as a hona fide act, but rather as a mockery. Under these circumstances, I do not feel disposed to assume tho responsibility of that position. I I.avo 5ft THE HARPER'S FERRY INSURRECTION other reasons for declining the position, connected -witli m^' having been at the place of action, and hearini; all the admissions of the prisoners, which render it improper' and inexpedient for me to act as counsel. If tlie Court liad authority to order it peremptor- ily, I siiould acquiesce, and obey that antiiority. I am not aware that tliere is any such power vested in tliis Court, but, as it is tlie prisoners' desire, I will see that fuh justice is done them. Mr. BoTTS said he did not feel it to be his duty to decline tl)e appointment of tlie Court. He was prepared to do his best to defend tlie prisoners, and lie hoped the Court would assign some experienced a^^sistant in case Mr. Faulkner persisted in his declination. Mr. 1Ia]{ding addressed Brown, and asked him if he was willing to accept Messrs. Faulkner and Botts as his counsel. Mr. Brown replied : I .wish to Say that I have sent for counsel. I did apply, through the advice of some persons here, to some persons whose names I do not now recollect, to act as counsel for me, and I liave sent for other counsel, who have had no possible oppor- tunity to see me, I wish for counsel if I am to have a trial ; but if I am to have nothing but the mockery of a trial, as I liave said, I do not care anything about counsel. It is unnecessary to trouble any gentleman with that duty. Mr. Harding— You are to have a fair trial. Mr. Brown — Tliere were certain men — I think Mr. Botts was one of them — who de- clined acting as counsel, but I am not positive about it. I cannot remember whether he was one, because I have heard so many names. 1 am a stranger here ; 1 do not know the dispositioii or character of the gentlemen named. I liave applied for counsel of my own, and do'ihtiess could have them, if I am not, as I said before, to be hurried to execution before thev can reach me. But if that is the disposition that is to be made of me, all tliis trouble and expense can be saved. Mr. Harding — Tlie question is, do you desire the aid of Messrs. Faulkner and Botts as your counsel ? Please to answer yes or no, Mr. Brown — I cannot regard this as an examination, under any circumstances. I would^ prefer that they sliould exercise their own pleasure. 1 feel as if it was a matter of very little account to me. If they had designed to assist me as counsel, I should have wanted an (>])portunity to consult them at my leisure. Mr. Harding — Stephens, are you willing tiiose gentlemen should act as your counsel? Mr. Stephens — 1 am willing tliat gentleman shall (pointing to Mr. Botts). Mr. Harding — Do you object to Mr. Faulkner? Mr. Stephens — No. I am willing to lake both. Mr. Harding addres^^ed each of the other prisoners separately, and each stated his will- ingness to be defended by tiie counsel named. The Court issued a ])ereniptory order that the press should not publish detailed testi-. mony, as it would render tlie getting of a Jui'y before tlie Circuit Court impossilde. Lewis AVasiiington stated— At about 1 o'clock on Sunday night last he was asleep, and was awoke by a noise ; heard his name called; went down, and was surrounded liy six men ; Sti-phens appeared to be in command ; Cook, Coppie, and two negro prisoners were along, and another white man, whom he afterwards recognized as Kagi. Mr. Washing- ton then proceeded to detail all tlie pariiculars of his taking as a pi'isoner, with his negroes, to the Armbry, and the subsequent events up to the attack by the marines, and his delivery. A. M. KiTZjnLLER gave the particulars of his being taken prisoner, and locked up ; he subsequently had several interviews with Brown, who always treated them witli a great deal^of res])ect and courtesy; he endeavored to ascertain from Brown wliat object he had in view, an tl he repeatedly told iiim his only object was to free the slaves, and he was willing to fight the jiro-slavery men to accomplish that object; on one occasion during the attack I said to Brown, " this is getting hot work, and 'if you will allow me to inter- fere, I can possibly accommodate matters ;" he went out with Stephens with a flag of truce on Monday afternoon; he requested Stephens to remain while he went forward, when Stepliens was fired on and fell; I recognize only Brown and Stephens ; I counted only twenty-two men early in the morning, armed with Sliarjie's rifles; when Stephens was lying wounded he remarked to me, """I have been cruelly deceived," to which I replied, "I wish I had remained at home." Mr. Washington recalled — In a conversation with Gov. "Wise, Brown was told he need not ansvver questions unless he chose; Brown replied he had nothing to conceal — ho had no favors to ask ; that he had ai-ms enough for two thousand men, and could get enough for five thousand if they were wanted. THE HARPER'S FERRY INSURRECTION". 57 Armstkad Ball detailed the particulars of his arrest by tlie insnrgents. I liad an interview, after his arrest, with Brown, wlio stated that he Jiad come for no cliild's play, and was prepared to carry out his designs ; tliat his object was not to niaice war against tiie people, and they would not be injured if they remained quiet; his object was tophice the United States arms in the hands of tlie Idack men, and lie proposed to free all the slaves in the vicinity; Brown repeatedly said his whole objtct was to release the slaves; I asked him if some plan could not be arranged for the liberation of myself and the other prisoners; he said we could only be released by furnishing able-bodied slaves in the place of each; I recognize Stephens, Green and Brown; Capt. Brown told the prisoners, when the charge of the marines was about being m-ide, that though he did not intend to injure them liimself, they should equally occupy the post of danger with himself, that if they were not dear enough to their fellow-citizens to accept the terms he had proposed to secure their safety, they must be barbarians. Ooppie, on the other hand, told himself and friends to get behind the engines, that he did not wish to see any of them injured ; one of the insurgents (Beckham) I heard say, " I have dropped him ;" I did not see Captain Brown fire once from the engine-iiouse ; do not think he tired once; Green fired several times ; the prisoners never were unreasonably exposed. JoHX Allstadt, one of the slave-owners who was brought into the Armory with his slaves, detailed the particulars of the battering down of his door, and his seizure by six armed men. At this point Stephens appeared to be fainting, and a mattress was procured for him, on which he lay during the remainder of the examination. Mr. Allstadt re-umed — Thinks Brown tired several times ; knows he saw him with a gun levelled ; saw all the prisoners, except the yellow man Copland. Alexander Kelly detailed the particulars of the collision with the insurgents, and the exchanging of several shots ; could not identify any of the prisoners. Wm. .JonxsoN- testified to the arrest of Copland, the yellow man, who was attempting to e>cape across the river ; he was armed with a spear and a rifle ; in the middle of the Shenandoah ; he said he had been placed in charge of Hall's rifle factory by Captain Brown. Andkew Kentstedy was at the jail when Copland was brought in ; questioned him ; he said he had come from the Western Reserve of Ohio ; that Brown came there in August, and employed him at twenty dollars per month. Mr. Faulkner objected to the testimony, as implicating the white prisoners. The presiding judge said his testimony could otdy be received as implicating himself. Mr. Kennedy resumed — Copland said that our object was to liberate the slaves of this country ; that he knew of nineteen of the party, but there were several others he did not know. Joseph A. Bkua — Was one of the prisoners in the engine-house, and was permitted to go out several times with a flag of truce ; during the firing Coppie fired twice, and, at the second fire. Brown remarked "that man is down;" witness then asked permission togo out, and found that Mr. Beckham had just been shot, and has no doubt that Coppie shot Lim. Mr. Allstadt recalled — Think that Capt. Brown shot the marine who was killed ; saw him tire. The preliminary examination being concluded, the Court remanded the prisoners for trial before the Circuit Court. THE TRIAL OF JOHN BROWN". Charlestown, Tuesday^ Oct. 25, 1859. The Circuit Court of Jefferson County, Judge Richard Parker on the bench, assembled at two o'clock. The Grand Jury were called, and the Magistrate's Court reported the result of the examination in the case of Capt. Brown and the other prisoners. The Grand Jury retired with the witnesses for the State. At five o'clock they returned into Court, and stated that they had not finished the examination of witnesses, and they were therefore discharged until ten o'clock to-morrow morning. It is rumored that Brown is desirous of making a full statement ef his motives and intentions, through the press, but the Court has refused all further access to him by reporters, fearing that he may put forth 68 THE HAEPER'S FEREY INSURRECTION something calculated to influence the public mind, and to liave a bad effect upon slaves. The mother of Cook's wife was in the Court House throughout the examination. Coffee says tliat he had a brother in the party, and that Brown had three sons in it. Also that there were two other persons, named Taylor and Hazlitt, engaged, so that, numbering Cook, five have escaped, twelve were killed, and five captured, making twenty- two in all. Capt. Brown's object in refusing the aid of counsel is, tliat if he has counsel he will not be allowed to speak himself, and Southern counsel will not be willing to express his views. The reason given for hurrying the trial, is, that the people of the whole country are kept in a state of excitement, and a large armed force is required to prevent attempts at rescue. The prisoners, as brought into the Court, presented a pitiable sight — Brown and Stephens being unable to stand without assistance. Brown has three sword-stabs in his body, and one sabre-cut over the heart. Stephens has three balls in his head, and had two in his breast and one in his arm. He was also cut on the fdrehead with a rifle bullet, which glanced off leaving a bad wound. Charlestown, Wednesday, Oct. 26, 1859. Brown has made no confession ; but, on the contrary, says he has full confidence in the goodness of God, and is confident that he will rescue him from the perils that surround him. He says he has had rifles levelled at him, knives at his throat, and his life in as great peril as it now is, but that God has always been at his side. He knows God is witli him, and fears nothing. Alex. R. Boteler, member elect for Ccmgress of this district, has collected from 50 to 100 letters from the citizens of the neighborhood of Brown's house, who searched it before the arrival of the marines. The letters are in the possession of Andrew Hunter, Esq., who has a large number of letters obtained from Brown's house by the marines au'i other parties. Among them is a roll of the conspirators, containing forty-seven signa- tures ; an accurately traced map from Chambersburg to Brown's house ; copies of letters from Brown, stating that as the arrival of too many men at once would excite suspicion, they should arrive singly ; a letter from Merrianj, stating that of the twenty thousand wanted, G. S. was good for one-fifth ; also a letter from J. E. Cook, stating that the Mary- land election was about to come off, the people will become excited, and we will get some of the candidates that will join our side. ■ The Circuit Court, Judge Parker presiding, met at 10 o'clock. The Grand Jury were called, and retired to resume the examination of witnesses. The Court took a recess, awaiting the return of the Grand Jury. M. Johnson, United States Marshal of Cleveland, Ohio, arrived this morning. Ho visited the prisoners, and identified Ooplai:d as a fugitive from justice in Ohio. The excitement is unabated, and crowds of ])ersons from the surrounding country are here. The event is regarded as proving the faithfulness of the slaves, and no fears are entertained of them; but a military guard is kept ui>, fearing an attempt to rescue the prisoners. Consternation among the slaves is caused by the fear of being seized as Colonel "Wash- ington's were, and they firmly believe the objtct of the prisoners was to carry them South and sell them. Not a single slave has yet been implicated as even sympathizing with the insurrectionists. Th.ose carried off have all been captured and returned to tlieir masters. Cannon are stationed in front of the Court House, and an armed guard is patrolling around the jail. Capt. Brown has consented to allow Mr. Botts and his assistant, Mr. Green, to act as his counsel, they assuring him tliat they will defend him faithfully, and give him the advantage of every [)rivilege that the law will allow. THE HAEPER'S FERRY INSURRECTIOllT. 69 Stepliens declares tliat lie does not desire to be defended by Northern counsel, prefer- ri'.iir Southern, and that the Court should name them. There is a decided sympathy for Stepliens, not only on account of liis sufferings, but that he has shown none of tliat vin- dictiveness and hardihood tliat characterizes Brown. His regret is regarded as caused by the consequences of his folly, and the examination yesterday indicated that the other prisouers have lost their confidence in Brown, and ai'e not disposed to follow him in his defiant course. At 12 o'clock the Court reassembled. The Grand Jury reported a true bill against the prisoners, and were discharged. Charles B. Harding, assisted by Andrew Hunter, represents the Commonwealth; and Lawson Botts and his assistant Mr. Green, are counsel for the prisoners. A true bill was read agaiust each prisoner : Fh'st: For conspiring with negroes to produce insurrection. Second : For treason in the Commonwealth ; and, Third: For murder. The indictment was as follows: Judicial Circuit of Virginia, Jefferson County, to tcit. — The Jurors of the Coramon- wealtli of Virginia, in and fi)r the body of tlie County of Jefferson, duly impanelled, and attending upon the Circuit Court of said county, upon their oatlis do present that John Brown, Aaron 0. Stephens, alias Aaron D. Stephens, and Edwin Coppie, white men, and Shields Green and John Copland, free negroes, together with divers )ther evil- raiuded and traitorous persons to tiie Jurors unknown, not having the fear of God before their eyes, but being moved and seduced by the false and malignant counsel of other evil and traitorous persons and tlie instigations of the devil, did, severally, on the sixteenth, seventeenth, and eighteenth days of tlie month of October, in the year of our Lord eight- een hundred and fifty-nine, and on divers otlierdays before and after that time, within the Commonwealth of Virginia, and the County of Jefferson aforesaid, and within tlie juris- diction of this Court, with other confederates to the Jurors unknown, feloniously and traitorously make rebellion and levy war against the said Commonwealth of Virginia, and to etFeot, carry out, and fulfill their said wicked and treasonable ends and i>urposes did, then and there, as a band of organized soldiers, attack, seize, and hold a certain part and place within the county and State aforesaid, and within the jurisdiction aforesaid, known and called by the name of Harper's Ferry, and then and there did forcibly cap- ture, make prisoners of, and detain divers good and loyal citizens of said Commonwealth, to wit: Lewis W. Washington, John M. Allstadc, Archibald M. Kitzmiller, Benjamin J. Mills, John E. P. Dangerfield, Arinstead Ball, John Donoho, and did then and tliere slay and mar !er, by shooting with firearms, called S'narpe's rifles, divers good and loyal citizens of said Coinmonweabh, to wit: Thomas Boerly, George W. Turner, Fontaine Beckham, together with Luke Quinn, a soldier of the United States, and Hay ward Sheppard, a free negro, and did then and there, in manner aforesaid, wound divers other good and loyai citizens of said Commonwealth, and did then and there feloni(msly and traitorously estalilisli and set up, without autliority of the Legislature of the Common wealtli of Vir- ginia, a Government, separate from, and hostile to, the existing Government of said Commonwealth; and did then and there hold and exercise divers offices under said usurped Government, to wit: the said John Brown as Commander-in-Ghief of the military forces, the said Aaron C. Stephens, alias Aaron D. Stephens, as Captain; the said Edwin Coppie, as Lieutenant, and the said Shields Green and John Copland as soldiers; and did then and there require and compel obedience to said oflicers ; and then there did hold and profess allegiance and fidelity to said usurped Government; and under color of the usurped autnority aforesaid, did then and there resist forcibly and with warlike arms, the execution of the laws of the Commonwealtli of Virginia, and with firearms did wound and maim divers other good and loyal citizens of said Commonwealth, to the Jurors unknown, when attempting, with lawful authority, to uphold and maintain said Consti- tution and laws of the Commonwealth of Virginia, and for the purpose, end, and aim of overthrowing and abolisiiing tlie Constitution and laws of said Commonwealth, and estahlisiiing in tlie place thereof, another and different government, and constitution and laws hostile thereto, did then and there feloniously and traitt)rously, and in military array, join in open battle and deadly warfare with the civil officers and soldiers in the lawful service of the said Commonwealth of Virginia, and did then and there shoot and dis ,60 THE HARPER'S FERRY INSURRECTION charge clivers guns and pistols, charged with gunpowder and leaden bullet?, against and upon divers parties of the militia and volunteers embodied and acting under tlie command of Colonel Robert "W, Baylor, and of Colonel Jt)l)n Thomas Gibson, and other officers of said Commonvvealtli, with lawful authority to quell and subdue the said John Brown, Aaron C. Stephens, alias Aaron D. Stephens, Edwin Cop[)ie, Shields Green, and Jolm Copland, and other rebels and traitors assembled, organized, and acting witii tliem, as aforesaid, to the evil example of all others iu like case offending, and against the peace and dignity of the Commonwealth. Second Count. — And the Jurors aforesaid, upon their oaths aforesaid, do further present that the said John Brown, Aaron 0. Stephens, alias Aaron D. Stephens, Edwin Coppie, Shields Green, and John Copland, severally, on the sixteenth, seventeenth, and eighteenth days of October, in the year of our Lord eighteen hnndred and fifty-nine, in the said County of Jefferson, and Commonwealth of Virginia, and within the jurisdiction of this Court, not having the fear of God before their eyes, but moved and seduced by the false and malignant counsels of others, and the instigations of the devil, did each severnllj^, maliciously, and feloniously conspire with eacli other, and with a certain Jolm E. Cook, John Kagi, Charles Tidd, and others to the jurors unknown, to induce certain slaves, to wit: — Jim, Sam, Mason, and Catesby the slaves, and property of Lewis W. Washington, and Henry, Levi, Ben, Jerry, Phil, George, and Bill, the slaves and property of John H. Allstadt, and other slaves to the Jurors unknown, to rebel and make insurrection against their masters and owners, and against the Government and tlie Constitution and laws of the Commonwealth of Virginia: and then and tliere did mali- ciously and feloniously advise said slaves, and other slaves to tlie Jurors unknown, to rebel and make insurrection against their masters and owners, and against the Government, the Constitution and laws of the Commonwealth of Virginia to the evil example of all others in like cases offending and against the peace and dignity of the OomnKmwealth. Third Count. — And the Jurors aforesaid, upon their oaths aforesaid, further present that the said John Brown, Aaron 0. Stephens, alias Aaron D. Stephens, Edwin Coppie, Shields Green, and John Copland, severally, on the sixteenth, seventeenth, and eighteenth days of October, in the year of our Lord one thousand eight hundred and fifty-nine, in tlie county of Jefferson and the Commonwealtli of Virginia aforesaid, and witliin the jurisdiction afore- said, in and upon the bodies of Thomas Boerly, George W. Turner, Fontaine Beckham, Luke Quinn, white persons, and Hay ward Slieppard, a free negro, in the peace of the Commonwealth then and there being, feloniously, willfully, and of their malice aforethouglit, did make an assault, and with firearms called Sharpe's rifles, and otlier deadly weapons to the Jurors unknown, then and there, charged with gunpowder and leaden bullets, did tiien and there feloniously, willfully, and of their malice aforethought, shoot and discliarge tlir same against the bodies severally and respectively of the said Thomas Boerly, George W. Turner, Fontaine Beckham, Luke Quinn, and Hayward Slieppard; and that tbe said John Brown, Aaron 0. Stephens, alias Aaron D. Stephens, Edwin Coppie, Shields Green, and John Copland, with the leaden bullets aforesaid, out of the firearms called Sharpe's rifles, aforesaid, shot and discharged as aforesaid, and with the other deadly weapons to the jurors unknown, as aforesaid, then and there feloniously, willfully, and of tiieir malice aforethought did strike, penetrate and wound the said Thomas Boerly, George AV. Turner, Fontaine Beckham, Luke Quinn, Hayward Slieppard, each severally; to wit: the said Thomas Boerly in and upon the left side; the said George W. Turner in and upon the left shoulder; the said Fontaine Beckham in and ujion the right breast; the said Luke Quinn in and upon the abdomen, and the said Hayward Sheppard in and u|)on the back and side, giving to the said Thomas Boerly, George W. Turner, Fontaine Becklmm, Luke Quinn, Hayward Sheppard, then and there with the leaden bullets, so as aforesaid shot and discharged by them, severally and respectively out of the Sharpe's rifles aforesaid, and with the other deadly weapons to the Jurors unknown, as aforesaid, each one mortal wound, of which said mortal wounds they the said Thomas Boerly, George W. Turner, Fontaine Beckham, Luke Quinn, and Hayward Sheppard each died; and so the Jurors aforesaid, upon their oaths aforesaid, do say that the said John Brown, Aaron C. Stephens, alias Aaron D. Stephens, Edwin Coppie. Shields Green, and John Copland, then and there, them the said Thomas Boerly, George W. Turner, Fontaine Beckham, Luke Quinn, and Hayward Sheppard, iu the manner aforesaid, and by the means afore- said, feloniously, willfully, and of their, and each of their malice aforethought, did kill and murder, against the peace and dignity of the Commonwealth. Fourth Count. — And the Jurors aforesaid, upon their oaths aforesaid, further present that the said John Brown, Aaron 0. Stephens, alias Aaron D. Stephens and Edwin Coppie and THE HARPEE'S FERRY INSURRECTION. 61 Shields Green, each severally on tlie seventeenth day of October, in the year of our Lord eighteen hundred and fifty-nine, in the County of Jefferson and Coninionvvealth of Virjiiniii aforesaid, and witliin tiie jurisdiction of tiiis Court, in and upon tlie bodies of certain Thomas Boerly, George W. Tui'iier, and Fontaine Beckham, in tlie peace of the Commonwealth, then and tliere being feloniously, willfully, and of their malice aforethought, did nialchai'ge the same against the bodies of the said Thomas Boerly, George W. Turner, and Fontaine Beckham and that the said John Brown, Aarou C. Stephens, nlias Aaron D. Stephens, Eaid and by the means a'oresaid, feloniously, willfully, and of their and each of their malice aforethought, did kill, and murder against the peace and dignity of the Commonwealth of Virginia. Lewis W. Washington, John II. Allstadt, John E. P. Dangerfield, Alexander Kelly, Emanuel Spantrler, Armstead M. Ball, Joseph A. Bi-ua, William Johnson, Lewis P. Starry, Archibald H. Kitzmiller, were sworn in open Court this 2Gih day of October, 1859, to give evidence to the Grand Jury upon this bill of indictment. Teste : Robkkt T. Beown, Clerk, A true copy of said iodictment. Teste : Robert T. Beown, Clerk of the Circuit Court of Jefferson County, in the State of Virginia. Wliich bill of indictment the Grand Jury returned this 26th day of October. A true bill. Thomas Ruthebfoed, Foreman. October, 26, 1859. The prisoners were brought into court, accompanied by a body of armed jnen. They passed through the streets, and entered the Court House without the slightest demonstra- tion on the part of the people. Brown looked something better, and his eye was not so much swollen. Stevens had to be supported, and reclined on a mattress on tlie floor of the court-room, evidently unable to sit. He has the appearance of a dying man, breathing wmi great difiiculty. Before the reading of the arraignment, Mr. IIuxTEE called the attention of the Court to the necessity of appointing additional counsel for the prisoners, stating that one of the counsel (Faulkner) appointed by the County Court, considering his duty in that capacity as having ended, had left. The pri- soners, therefore, had no other counsel than Mr. Botts. If tlie Court was about to assitm them other counsel, it might be jiroper to do so now. The Court stated that it would as-^igu them any members of the bar they might select. Afier consuming Capt. Brown, Mr. Borxs said that the prisoner retained him, and desired to have Mr. Green, his assistant, to assist him. If the Court would accede to that arrange- ment, it would be very agreeable to him personally. The CouET requested Mr. Green to act as counsel for the prisoner, aad he consented to do so. 62 THE HARPEE'S FERRY INSURRECTIOIN'. Ciipt. Bkown tlien rose and said : I do not intend to detain the Court, but barely wish to say, as I have been i)rouiised a fair trial, that I am not now in circumstances that enable :ne to attend a trial, owing to the state of my health. I have a severe wound in the bade, or ratiier in one kidney, which enfeebles me very jnnch. But I am du'iii^ well, and I only ask for a very short delay of mj' trial, and I think I may get able to li>tcn to it; anil 1 merely ask this, that, as the saying is, ''the devil nia\ have his dues," no more. I wish to say, further, tliat my hearing is impaired, and rendered indistinct, in conse- quence of wounds I have about my head. I canncit he.ir distinctly at all; I could rot hear what the Court has said this morning. I would be glad to hear wliat it said on my trial, and am nitw doing better than I could expect to be under the circumstances. A very short delay would be all I would a>k. I do not presume to ask more than a very short delay, so that I may in some degree recover, and be able at least to listen to my trial, and hear what questions are asked of the citizens, and what their answers are. If that could be allowed me, I should be very much obliged. Mr. Hunter said tliat the request was rather premature. The arraignment should be made, atul this question could then be considered. Tlie Court ordered the indictment to be read, so that the prisoners could plead guilty or not guilty, and would then consider Mr. Brown's request. The prisoners were compjelled to stand during the arraignment, but it was with diffi- culty, Stevens being held upright by two bailiffs. The reading of the indictment occupied about twenty minutes; each of the prisoners responded to the question, " Not Guilty," and desired to he tried separately. Mr. Hunter — The State elects to try John Bmwn first. Mr. BoTTS — 1 am instructed by Brown to say that he is mentally and physically unable to i)rocceed with his trial at this time. He has heard to-day that counsel of liis own choice will be here, whom he will, of course, prefer. He oidy asks for a delny of two or three days. It seems to me but a reasonable request, and I hope the Court will grant it. Mr. Hunter said he did not think it the duty of the prosecutor for the Commonwealth or for one occupying the position, to oppose anything that justice required, nor to object to anything that involved a simple consideratiiui of humanity, where it could be )>roi)erly allowed; yet, in regard to this proposition to delay the trial of John Brown two or three days, they deemed it their duty that the Court, before determining matters, should be put in possession of facts and circumstsmces, judicially, that they were aware of in the line of their duties as prosecutors. His own opinion was, that it was not proper to delay the trial of this prisoner a single day, and that there was no necessity for it. He alluded iu general terms to the condition of things that surrounded them. They were such as to render it danserous to delay, to say nothing of their exceeding pressure upon the physical resources of the community, growing out of circumstances connected with nttairs for which the prisoners were to be tried. He said our laws in making provisions for allowing, in the discretion of the Court, briefer time than usual in cises of conviction, for ^uch offenders, between the condemnation and execution, evidently indicates, indirectly, the necessity of acting proraptl^and decisively, though always justly, in proceedings of this kind. In reference to Broviji's physical condition, he asked the Court not to receive the unimportant statements of the prisoner as sufficient ground for delay, but that the jailer nnd physician be examined. As to expecting counsel from abroad, he said that no imjiedi- meut had been thrown in the way of the prisoners' ]»rocaring such counsel as they de>ired, but, on the contrary, every facility had been afforded, able and intelligent counsel had been assigned them here, and he appreliended that there was little reason to expect the attendance of those gentlemen from the North who had been written for. There was also a ])ubHc duty resting upon them' to avoid, as far as po-sible. within the forms of Jaw, and with reference to the great and never-to-be-lost-sight-of giving a fair and impurtial trial to the prisoners, the introduction of anything likely to weaken our present position, and give strength to our enemies abroad, whet'ier it issues from the Jury iu time, or •whether it comes from the mouths of the prisoners or any other source. It was their position that had been imperilled and jeopardized, as they sup[)osed by enemies. Mr. Harding concurred in the objection of Mr. Hunter, on the ground of danger in delay, and also because Brown was the leader of the insurrection, and his trial ought to THE IIARPEE'S FERRY INSURRECTION. 63 be proceeded with on account of tlie iidvaiitage tliereby accruing to the trial of tiie otlit-rs. Mr. GRKE>f reniarlced tliat he liad had no opportunity of consulting willi liie prisoner, or preparing a defence. The letters for Nortliern counsel liad been sent olf, but not suffi- cient time lias been atforded to receive answers. Under the circumstances, he thouglit a sliort (lehiy desirable. Mr. fJOTTS adarty is to be tried ? Did you form or express any opinion from what you saw there with regard to the guilt of innocence of these people ? Would that opinion disqualify you from giving these men a fair trial ? Did you h^r any of the evidence in this case before the Examining Court? What was your opinion based on? Was it a decided one, or was it one which would yield to evidence, if the evidence Avas diiferent from what you supposed? Are you sure that you can try this case impartially from the evidence alone, witlmut reference to anything you have heard or seen of this transaction? Have you any conscientious scrn]iles against convicting a part}" of an I'tfeiice to which the law assigns the punishment of death, merely because that is the penalty assigned? 64 THE HARPEE'S FERRY INSURRECTI02T. The following were finally fixed upon as the twelve Jurors: RiOIIARD TiMBEKLAKE, JaCOB J. MiLLER, JosEPri Myeks, Thomas Osborxe, Thomas Watson, je., George W. Boyer, Isaac Dcst, John 0. Wiltshire, John 0. McClttre, George W. Tapp, William Riohtsdale, William A. Martix, The Jury were not sworn on the case, but the Judge cliarged them not to converse upon the case or to permit others to converse Avith tiiem. They were dismissed at five o'clock, and the prisoner was then carried over to the jail on his cot, and the Court adjourned till morning. SECOND DAY. Charlestown, Thursday, Oct. 27, 1859. Brown was brought in walking, and laid down on liis cot at full length within the bar. He looked considerably better, the swelling having left his eyes. Senator Mason was present. Messrs. Harding and Hunter again appeared for the Commonwealth, and Messrs. Botts and Green for tlie prisoner. Mr. Botts read the following dispatch, which was received tliis morning: " Akron, Ohio, Thursday, Oct. 26, 1859. " To C. J. Faulkner, and Lawson Botts : "Joim Brown, leader of the insurrection at ITarper's Ferry, and several of his family have resided in this county many years. Insanity is hereditary in that famil}'. His mother's sister died with it, and a daugiiter of that sister lias been two years in a Lunatic Asylum. A son and daughter of his mi>ther's brother have also been confined in the limatic asylum, and another son of that brother is now insane and under close restraint. Tliese facts can be conclusively proven by witnesses residing here, who will doubtless attend the trial if desired. "A. H.Lewis." William C. Allen, telegraphic operator at the Akron office, adds to the above dispatch that A. H. Lewis is a resident of that place, and his statements are entitled to implicit credit. Mr. Botts said that on receiving the above dispatch he went to the jail with his asso- ciate, Mr. Green, and read it to Brown, and is desired by the latter to say that in bis father's family there has never been any insanity at all. On his mother's side there have been repeated instances of it. He adds that his first wife showed symptoms of it, which were also evident in his first and second sons by that wife. Some portions of the state- ments in tlie dispatch lie knows to be correct, and of other portions he is ignorant. He does not know whetlier his mother's sister died in the lunatic asylum, but he (h)es believe that a daughter of tjjat sister has been two years in the asjlum. He also believes that a son and daughter of his mother's brother have been confined in an asylum; but lie is not apprised of the fact that another son of that brother is now insane and in close confine- ment. Brown also desires his counsel to say that he does not put in the plea of insanity, and if he has been at all insane he is totally unconscious of it, yet he adds that those who are most insane generally suppose that they have more reason and sanity tlian tiiose around tiiem. For himself he disdains to put in that plea, and seeks no inununity of the kind. Tiiis movement is made totally without his approbation or concurrence, and was unknown to him, till the recei[)t of the dispatch above. Brown then raised himself up in bed, and said : '' I will add, if the Court will allow THE HARPER'S FERRY INSURRECTION". 65 me, that I look upon it as a miserable artifice and pretext of tliose who ought to take a ditFerent course in regard to me, if tliey took any at all, and I view it with contempt more than otherwise. As I remarked to Mr. Green, insane persons, so far as my experience goes, have but little ability to judge of their own sanity; and, if I am insane, of course I sliould thiidv I know more than all the rest of the world. But 1 do not think so. I am perfectly unconscious of insanity, and I reject, so far as I am capable, any attempt to interfere in my belialf on that score." Mr. BoTTS stated that he was further instructed by Mr. Brown to say that, rejecting tliia plea entirely, and seeking no delay for that reason, he does repeat to the Court his request made yesterday, that time be given for the foreign counsel to arrive that he has now reason to expect. Yesterday afternoon a dispatch was received from Cleveland, Ohio, signed "Dan. Tilden," dated October 26, asking Brown whether it would be of use for counsel to leave last night. To this dispatch answer was returned ttiat the Jury would be sworn this morning, and that Brown desired the counsel to come at once. The telegrai)hic operator here stated that this dispatch would be sent off at once, in advance of the dispatches sent by reporters, and he had learned this morning tliat it was sent before the storm of last night interrupted communication, and that counsel might reach here by 12 or 1 o'clock to-night. The course taken by Brown this morning makes it evident that lie sought no postpone- ment for the mere purpose of delay, as he rejects the plea of insanity. Still, in his opinion lie could have a fairer trial if the defence were conducted by his own counsel than if he were defended by the counsel at present here. Mr. ITuxTEP. observed that the prisoner's counsel having renewed the motion of yesterday for delay for a specific period, indicated and based upon information received in the form of a telegram, the question now was whether there was sufficient grounds in this additional information to cliange tlie decision announced by the Court yestei-day on the same motion. If the Court did not at once deem this circumstance wholly insufficient, before the decision was made the counsel for the Commonwealth deemed it liis duty to call attention to two or tliree matters connected with tlie affair. Tliougli desirous to avoid forestalling tlie trial of this case, in regard to the present prisoner at the bar, they were prepared to prove tliat lie had made open, repeated, and constant acknowledgment of everything cliarged against him. He had gloried in it, and we have but an exhibition of the same spirit and the same purpose in his announcement that he would permit no defence of insanity to be put in. Wijat does he mean by wishing delay for the purpose of having a fair trial? In a proper sen=e, and in the only sense in which it can be regarded by tlie Court, it is a tair trial according to the laws of Virginia, and the safe- guards against Avronging the prisoner wliich these laws throw around him. If the prisf>ner's idea of a fair trial is to have it so shaped as to produce a fairness in his con- ception, outside of what the laws recognize, it becomes the duty of the c()unsel tor the Cumuionwealth, and, as he appreliended, of the Co.irt, to resist any attempt of that kind. Considering the surrounding circumstances, to which it was unnecessary to particularly advert, tliere could be no right to claim delay, except so far as the prisoner could show in a relialde form that such delay was necessary to do justice in his particular case, according to the laws and policy of the State of\'^rgioia. In regard to tlie telegram read, we know not who this Mr. Lewis is. We know not whether he is to come here ns counsel for the prisoner, or whether he wants to liead a band of desperadoes. "We have a right to believe the latter as well as the former. There had been time enough since tlie letter for northern counsel was mailed last Saturday, for it to reach him, and for liim to arrive here ere this, if he had designed coming. It was fairly inferable tiiat he did not intend to come, and the telegram did not say he would come. But might it not be an attempt to gain time and learn the latest day when a rescue could be attempted? While commending the earnestness and zeal of the prisoner's counsel, he must ask the Court to rt-ject tlie motion, and proceed with tlie trial at once. Mr. IIardixg would be reluctant to witlihold from a prisoner charged with a crime of the greatest enormity, as in tlie present case, anything calculated to afford him the amplest opportunity of justice; but he had able and intelligent counsel assigned him, who would see that he was fairly and impartially tried, and he therefore fully concurred with thb 66 THE HARPER'S FERRY INSURRECTION". remarks of his colleague in opposing the motion. He referred also to the fact that IlrowM pretended yesterday afternoon that he was unable to walk, and was brouglit into Court on a bed, yet lie walked back to jail after the close of the trial without difficulty. He tlionjrlit tliose were mere pretences for delay, which tlie Court should overrule. Mr. Greex remarked that one day's delay would be sufficient to ascertain whether the expected counsel would come or not, and no prejudice could result to tlie Commonwealth from a small delay of that cliaracter. In reference to the new matter brou^^lit to tlie con- sideration of the Court, he did not believe the prisoner had made any acknowledgment upon winch he could be convicted. All the acknowledgments, so ftir as be knew their character, referred to the treason, and those confessions, according to our law, are insufficient to convict a party who may have acknowledged the fact in the plainest manner to one hundred witnesses — for if that is all tlie evidence upon which the Commonwealth relies, the prisoner cannot be convicted, because our code provides that such confession sliall he made in open court, and the prisoner has denied in open court, by putting in a plea of not guilty. As to sufficient time having elapsed for counsel to reach here, it was a reasonable supposition that the persons to whom Brown wrote were absent, and did not immediately receive the letter. The Commonwealth attorney does not know who Lewis is, but he is an ex-member of Congress, and said to be a man of respectabilit}-. As to what is called Brown's sham sickness of yesterday, it should be remembered that it was not then, nor is it now, made the ground of ap[)lication for delay. He did not think this trial should be hurried through, for the reason that a rescue might be apprehended, for such fears were idle. The Court stated that he must see, in this case as any other, tliat a proper cause for a delay was made out before granting such an application. In the present case he could not see that the telegram gave any assurance that the additional counsel intended to come. The prisoner is now defended by counsel, who will take care that no improper evidence is adduced against him, and that all proper evidence in his behalf shall be presented. He could not see that a proper cause for delay was made out. The expected counsel might arrive before the case was closed, and could then see all the testimony which h;ul been taken, and thus the prisoner might have the benefit of their advice although tlie case now proceeds. As to the matter of insanity, it was not presented in a reliable form ; instead of mere statements, we should have affidavits, or something of that character. He thought, therefore, that the Jury should be sworn and the trial proceed. The Jury having been sworn to fairly and impartially try the prisoner, the Couet directed that the prisoner might foi'ego the form of standing while arraigned, if he desired it. Mr. BoTTS put the inquiry to the prisoner, and he continued to lie prostrate on his cot while the long indictment, filling seven pages, was read. First : Insurrection. Second : Treason. TTiird : Murder. Mr. HARDiNa addressed the Jury. He presented the facts of the case, detailing the scenes of the Armory, the killing of the bridge-keeper, and the subsequent killing of the citizens named in the indictment; the seizure of Lewis Washington and Mr. Allstadt, ■with their slaves; the forming of a government within the limits of the Commonwealth; the holding of the citizens as prisoners of war, and the subsequent capture. He read the law on treason, levying war against the State, giving comfort to its enemies, or estab- lisliing any other government its limits, punishable with death ; the law against advising with a slave, punishable wnth death; and the law on the murder of citizens, punishable with death. All these charges would be distinctly proven, beyond a possibility of a doubt on the minds of the Jury. He would show that the prisoners' whole object was to rob our citizens of their slaves, and carry them ofiF by violence, and he was happy to say against the wills of the slaves, all of them liaving escaped, and rushed back to their mri'^ters at the first opportunity. He concluded by urging the Jury to cast aside all prejudices, and give the prisoners a fair and' impartial trial; and not to allow their hatred of Abolitionists to influence them against those who have raised the black flag on the soil of this Commonwealth. Mr. GieEE>f, on the part of the prisoner, after giving the law applicable to the case, said that the Jury must bear in mind that they are judges of the law and tlie facts, and that if they have any doubt as to law, or the fact of the guilt of this prisoner, they are to give the prisoner the benefit of that doubt. On the first charge of treason, as a specific act of treason must be proven, it must be proven that he attempted to establish a .separate and THE HARPER'S FERRY INSURRECTION. 6t distinct government, and it ninst also be proven what was pnrposed of treasonable acts before you can convict hint on. those cliarges. If it is intended to rely on his confessions to pi'ove treason, the law distinctly says, "No conviction can be made on confessions, imless made in open Court." Tiiere must be sutficient evidence to prove the charge, independent of any confessions out of the Court, and it requires two distinct witnesses to prove each and every act of treason. Second: Conspiring with slaves to rebel and make insurrection. The Jury mu.-t be satisfied tliat such conspiracy was done within the State of Virginia, and witiiin the ju- risdiction of this Court. If it was done in Maryland, this Court could not ])unisii the act. If it was done within the limits of the Armory at Harper's Ferry, it was not done within the liMiits of this State, the Government of the United States holding excln!>ive jurisdic- tion witliin the said grounds. Attorney-General Gushing had decided tiiis point with regard to the Armory grounds at Harper's Ferry, wliich opinion was read to the Jury, siiowing tliat persons residing within the limits of the Armory cannot even be taxed by Virginia, and that crimes committed witiiin the said limits are punishable by the Federal Courts. Although the Jury may doubt about the law on this subject, they must give the prisoners the benefit of that doubt upon the trial. Over murder, if committed witiiin the limits of the Armory, this Court ha> 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 State claims jurisdiction up to the Armory grounds. Although he may be guilty of murder, it must be proven that it was deliberate and premeditated murder to make it a capital (vffence; if otiierwise, the killing was murder in the second degree, punishable with impriso.nment. If you have any doubt on these points you must give that doubt to the prisoners. He was satisfied the Jury will not allow any outside excitement to affect them, and that they will do their duty faithfully and impartially. Mr. BoTTS impressively addressed the Jury. The case was an unusual one, and the crime charged in many respects unknown. The .Jury trial called for a calm, unim- passioned deliberation, and not the seizure upon loose statements for a conviction. The Jury must be above all jirejudices and influences, and deliberate calmly, and free of all resentment, bearing in mind tiiat the mission of the law is not to wreak vengeiuice, and that the majes>ty of the law is best maintained when Judges, Counsel and Jury rise above these influences. The burden of proof is on the Commonwealth, and if she fails to sub- vStantiate her charges, you are bound to do your duty impartiallj-, and find your verdict on the lawand testimony tliat the Commonwealtli may be able to present to you. He then proceeded to go over the same grounds taken by Mr. Green on each of tlie three points of the indictment — treason, insurrection and murder. It is no difference how much a Jury may be convinced in their own minds of tlie guilt of the prisoner, it is essential tliat they must have proof of [lositive guilt, in a caselike this, involving both life and liberty. Mr. BoTTS, in reviewing the law bearing on the case, evinced a determination to avail himself of every advantage that the law allows, and to do his duty to tlie prisoner earnestly and faithfully. It was due to the prisoner to state that he believed' himself to be actuated by the highest and noblest feelings tliat ever coursed through a human breast, and that his instructions were to destroy neither [iroperty nor life. They would prove by those gentle- men 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 Aveight with the Jury. Mr. Hunter followed stating his purpose to avoid anything by way of argument or exphina*tion not immediately connected with the particular issue to be tried, and to march straight forward to the attainment, so far as may be in aur power, of tlie ends of justice, by either convicting or acquitting the prisoner at the bar. With a single preliminary remark explanatory of his posinon here as assistant, a position which had hei-n assigned to him by the Governor of the Commonwealth, as well as his honor the Judge, he passed at once to a review of what was the law in reference to the case, and what he expected to be able to prove to the satisfaction of the Jury. First, as to high treason, this was probably the first case of high treason, or treason against the State, that ever had been tried iiere by our State Courts, and he fervently hoped that it would be the last that would ever occur ; and probably in some degree not only upon our decision, but upon our prompt decision of tliis case, will that result depend. He thought his friends on the other side were totally mistaken in their view that, the law as it now stands on our statute books iu reference to overt acts was, either in language, or substantially, that contained in the Constitution of the United States. On the contrary, the phraseology had been varied from that of the Constitution, and, as he conceived, for a plain and palpable pur- 68 THE HARPEK'S FERRY INSURRECTION". pose. All tlie powers vested in the Federal Government were given with great jealousy. This was a historical fact, perfectly fnniiliar, and consequent!}', while trea.suii against the United States consisted only in levying war against them or adljering to their enemies and giving tliera aid and comfort, tliere is no provision tliat no person shall he convicted of treason unless upon the testimony of two witnesses of some overt act or confession in open Court. Yet the State law is more full, and includes within its definition of treason the estahiishing, without the autliority of the Legislature, any Government witliin its limits, separate from tlie existing Government, or tlie holdmg or executing, under such Government, of any office ; professing allegiance or fidelity to it, or resisting the execution of law, under the color of its autliority ; and it goes on to declare that such treason, if proved hy the testimony of two witnesses to tiie same overt act, or by confession in Court, sliail be punished with death. Any one of these acts constitutes treason against this Commonwealth, and he believed tliat the prisoner had been guilty of each and all tiiese acts, which would be proven in the clearest manner, not by two, hut by a dozen witnesses, unless limited by the lack of time. Tlie prisoner had attempted to break down the existing Government of the Commonwealth, and establish on its ruins anew Government ; he !iad usurped tlie office of Commander-in-Chief of this new government, and, together with his whole band, professed allegiance and fidelity to it ; he represented not only the civil authorities of state, but our own military ; he is doubly, trebly and quadruply guilty of treason. Mr. Hunter proceeded again to the question of jurisdiction over the Armory grounds, and examined the authcu-ity cited on the other side, of Attorney-General Gushing ; the latter was an able man, but he came from a region of country where opinions are very different from ours in relation to the power of the Federal Government as affecting State riglits. Our Courts are decidedly adverse to Mr. Cushing's views. In all time past, the jurisdiction of this County of Jefferson in criminal offences committed at Harper's Ferry, Las been uninterrupted and unchallenged whether they were committed on the Govern- ment property or not. He cited an instance, twenty-nine years ago, where an atrocious murder was committed between the very shops in front of which these men fought their battles, and the criminal was tried here, convicted, and executed under our laws. There "was a broad difference between the cession of jurisdiction by Virginia to the Federal Government and mere assent of the State that the Federal Government should become a land-holder within its limits. The law of Virginia, by virtue of which the grouTids at Harper's Ferry were purchased by the Federal Government, ceded no jurisdiction. Brown ■was also guilty, on his own notorious confession, in advising conspiracy. In regard to the charge of murder, the proof will be that this man was not only actually engaged in murdering our citizens, but that he was the chief director of the whole movement. No matter whetlier he was present on the spot or a mile off, he is equally guilty. In conclusion, Mr. Hunter said that he hoped the case would be considered with fairness and impartiality, and without fear, favor or affection ; and he only asked that the penalty might be visited on the pris- oner which law denounces, which reason denounces, which our safety requires, and which the laws of Gofl and man approve. The afternoon session assembled at 3^ o'clock. WITNESSES GALLED. Dr. Staery, on Sunday, night, heard a shot fired at the Ferry ; heard a cry, looked out and saw two men passing from toward the Armory gate, and a tall man came from the Armory gate, and two men from the cars hallooed, "There he goes now!" the man stopped, raising his rifle; they followed him to the Armory gate, and exchanged shots with him ; Conductor Phelps was one of those men ; afterward found the black man Hay ward dying in the railroad office; he said he was commanded to stop by the men on the bridge, and refusing, they fired upon him ; saw several men patrolling during the night, and go into the bridge; did not know what to make of it, and went to inquire of the Armory watchman what is meant ; met a man who levelled his i-ifle at him; asked him where the watchman was, and was answered that he was not there, but that there were '' a few of us here ;" afterwitrd, in the morning, saw a wagon witli three armed men following it; then went to Mr. Kitzmiller and Mr. Ball, and told them that an armed body of men had possession of the Armory, and not to go near it; also gave informatioa to tlie other persons employed in the Armory; saw also three of them at Hall's works; did not see more than thirty ; recognized them by a peculiar hat they wore ; rode to Charlestown to give the alarm and get assistance; returned about 11 o'clock, and assisted in bearing orders and in guiding the armed forces to the best place of attack ; did not see or recognize Brown there at all. THE HARPER'S FERRY INSURRECTION. 69 Cross-examined by Mr. Gkeen — As I rode past tlie Armory, armed mea were at tbo gate ; tliey did not atteiupt to stop me ; I was determined not "to be stoi)ped. Couduc'tor PiiEi.PS, sworn — Ou Sunday niglit, the IStli, my train arrived at 1.25, bound east; saw no watchman at tiie bridge; thought it strange, as liis business Avas to bo there; was talking to the engineer, and Avas in tlie act of starting aliead, wiien the watchman came up to me, much excited, to state that lie liad been attaclced in the bridge by men carrying rifles ; Mr. Horsey was there with my light before starting the train ; the baggage-master and a passenger accompanied him, and wlien they entered tlie bridge .some one said, ''stand and deliver;" liad previously told tlje engineer to follow him slowly, but immediately saw the muzzles of four rifles resting on a railing, and pointed at us; told the engineer to "back" — something was wrong on tlie bridge— which lie did; as I got on the tresseling, I heard the report of a gun, and llayward, the colored man, came running to me, and said, "Captain, I am shot;" the ball iiad entered the back, an*! came out under the left nipple ; carried him to the railroad office, and started for the doctor, and saw one man come out of the bridge, and go toward the Armory gate ; remarked, '•Tliere he goes now," and Tlirogmorton, clerk at the Wager House, flred at him; the shot was returned by two men at the Armory gate; I was close behind Tlirogmorton, who exchanged several shots with them; this was ten minutes after Hay ward was shot; heard the men loading their rifles again; the reports were very loud, and I wondered why the people were not aroused ; walked back to the railroad office, and one of the party on the bridge came out; lie said, "You can come over the bridge with your train;" replied, "I would rather not, after these proceedings," and asked, " What do you want?" he replied, "We Avant liberty, and we intend to liave it;" I then asked, "What do you mean?" he replied, "You will find out in a day or tAVo;" I then felt alarmed for the safety of myself and passengers, and concluded to wait till daylight ; men Avere passing back and forward from the bridge to the gate of the Armory ; each appeared to be in blankets ; the passengers were much excited, and Avanted to know Avhat it meant ; went to the back of the train, and saw from twenty to thirty men about the engine-house ; at about 4 o'clock saAv a wagon driven in the yard, and nearly a dozen men jumped out of it, also a carriage, but did not see any one get out of it ; savv men go backward and for- Avard, Avho seemed to be putting something in the wagon; they were also going up and down the street leading from the Armory, and all seemed busy at something; this con- tinued until nearly daylight, Avhen the wagon left the yard and passed over the bridge to the Maryland side; about 3 o'clock, before the Avagon left, an old gentleman came to me and .said, ''The parties avIio have arrested me allowed me to come out ou condition that I would tell you that you might cross the bridge Avitli your train ;" afterward learned that this was Mr. Koise, a citizen of the town ; replied that " I Avould not cross the bridge until daylight, that I might see whether it Avas safe;" afterward saAv a man coming down Shenandoah street, Avith a lantern, and an armed man arrested hiiu ; afterward saw a short, stout negro Avalking with a statf Avith one of these men ; could not see Avhat was in the Avagon; afterAvard a black boy brought a note to the clerk of the Wager House, ordering breakfast for forty-seven men ; determined to go out and ascertain Avhat it meant ; met a man whom he now recognized as Coppie, and asked what they meant ; he replied, " We don't want to injure you or detain your train ; you could have gone at 3 o'clock ; all we want is to free the negroes ;" then asked if his train could noAv start, and Avent to the guard of the gate, Avho said, "There is Capt. Smith — lie can tell you Avhat you want to know;" went to the engine-house, and the guard called Capt. Smith, tliat soiueboily Avanted to see him ; the prisoner at the bar came out, and I asked him if he was captain of these ; he replied he Avas ; asked him if I could cross the bridge, and he peremptorily responded, "No, Sir;" then asked him what he meant by stopping my train; he replied, "Are you the conductor on that train?" told him I was, and he said, " Why. I sent you word at 3 o'clock that you could pass ;'' told him that, after being stop|>ed by armed men on the bridge, I Avould not pass with my train ; he replied, " My bead for it, you will not be hurt;" said he was very sorry; it was not his intention that any blood should be spilled ; that it was bad minagement on the part of the men in charge of the bridge; I then a.sked him what security I would have that my train Avould pass safelv. and asked him if he would walk over the bridge ahead of my ti'ain Avith me; he called a large, stout man to accompany him, and one of my passengers, Mr. McByrne, asked to accompany me, but Brown ordered him to get into the train, or he Avould take them all prisoners in five minutes; BroAvn accompanied me; both had rifles; as we crossed the bridge, the three armed men were still in their places; when we got across, BroAvn said to me, " You doubtless wonder that a man of my age should be here with a 5 70 THE HAEPEK'S FERRY INSURRECTION. band of armed men, but if you knew my past history you would not wonder at it so much; my train was then tlirougli the bridge, and I bid liim good morning, jumped on my train, and left him ; witness returned to Harper's Ferry on Tuesday, and went in with Governor Wise and others to see Brown, who was a prisoner ; heard his conversation with Wise and Hunter ; Mr. Wise said he " was sorry to see a man of his age in that position;" Brown replied tliat he "asked no sympathy, and had no apologies to make;" he knew exactly what he was about ; the Governor asked him if he did not tliink he was doing wrong in running off with other people's property; Brown said, "No, he didn't;" lie stated that he never had but twenty-two men of his party, but expected large rein- tbrcenients from Maryland, Virginia, North and South Carolina, and, I think, some of the New England States, and New York. He said that arms were sent to tliem from Massa- chusetts ; think he spoke of Sharpe's rifles, revolvers, and spears ; said he could arm from 1,500 to 2,000 men; said he had Harper's Ferry in his eye as the place for his operations; that he had rented a farm four miles off, from Dr. Kennedy, and had paid the rent up to March, and that all his arms were sent to him there from Cliambersburg, Pa. ; said those who brought the arms there did not know what they were, as lie Jiad taken tlie precaution to place them in double boxes ; they Avere addressed to J. Smitli & Sons. Brown told Gov. Wise that he had books in his trunk that would explain to him his whole proceedings, and what the purpose of his business was ; Col. Lee said he had one, and handed it to Gov. Wise ; Brown asked him to read two of its first preambles and four of the last sections, which he did, and Brown said that was a correct copy ; in reply to a question of Gov.AVise, he said he was Commander-in-Chief of the forces under the Provisional Government, and that he then held that position ; he said the constitu- tion was adopted in a place called Chatham, in Canada ; Brown said there was a Secre- tary of War, Secretary of State, Judge of the Supreme Court, and all the otiicers for a General Government ; he said tliere was a House of Representatives, and that tliere was an intelligent colored man elected as one of the members of the House [sensation]; Gov. Wise asked Brown if he had taken the oath of allegiance provided for in the 48th article ; he replied he had ; asked if all the white men of his band had taken tlie oatli ; he replied that they had ; he said tliat there were appointed and commissioned officers; that Stephens, Leeman, and one of Brown's sons were captains, and Coppie vvas a lieu- tenant ; he said something about a battle in Kansas, and having one of his sons shot; I think he said Cook held a captain's commission ; Gov. Wise asked Brown if he thought he liad been betrayed to to the Secretary of War ; said lie thought lie liad been betrayed, but had practised the ruse to prevent suspicion ; the Governor asked him what that ruse was, bat he refused to answer; said he knew exactly the position he had placed himself in, and if his life was forfeited he was prepared to suffer. Mr. Green, counsel for tlie prisoner, interrupted the witness, and said to the Court that he had just received a dispatch from Cleveland, announcing that counsel was com- ing, and would almost certainly be here to-night. As tiiis was a very important witness, and as it was late in the evening, he would ask the Court to adjourn until morning, in order that counsel might have an opportunity to cross-question the witness. He did not intend to conduct the case longer than the arrival of counsel selected by the prisoner. As only scraps of a conversation of two hours with Gov. Wise had been picked out and given to the Jury, he desired that the witness should be questioned as to the otlier parts of the conversation. Mr. Hunter replied that there were several f)ther witnesses to be called of the same character, to whom such questions could be put by new counsel to-morrow. If the cases were not pushed on, the wliole balance of the term would not be sufficient to try these men. He thought there was no reason for delay, especially as it was uncertain whether the counsel could get here before to-morrow. The Court decided that the witness should proceed. Cross-examination by. Mr. Gkeen — In conversation. Brown said it was not his inten- tion to harm anybody or anything; was sorry men had been killed; it was not by his orders or with his approbation, and would not occur again, provided the people were peaceable and quiet; Avhen Brown spoke of taking them all prisoners if they did not get into the cars, he appeared to want the train to go on as soon as possible; it was advice more than in the form of a threat; did not recognize Brown till I talked with him in the Armory yard ; don't think Brown was with the party on the bridge or in the wagon, for if he had been I think I would have recognized him from his peculiar beard. By Mr. Hunter — When Brown was parleying with us at the bridge, the three armed THE HAEPER'S FERRY INSURRECTIOK Yl men remained on tlie briilge; saw what seemed to be a man dressed in woman's clothing pas3, followed by a boy with a box or bnndle. Col. Lewis W. Washington sworn — [He detailed tlie circumstances as previously stated.] Cross-examined by Mr. Green — Cannot say wliether the marines fired after they broke into tlie engine-house ; the noise was great, and several sliouted from the inside that some one had surrendered the prisoners; we were kept in tiie rear engine-house, and allowed to keep a safe position, so that there was no etl'urt to endanger us; Brown's conduct was not rude or insulting toward us. By Mr. IIuntek — Was present at the conversation with Gov. Wise on Tuesday; Gov. Wise asked Brown if he had not selected Harper's Ferry as a border place between Mary- land and Virginia for the establishment of liis Provisional Government, and he answered " Certainly ;" lie avowed that his object was to free the Southern slaves, and said that his party consisted of twenty-two men, nineteen of whom came over with him; he said he had 200 Sharpe's rifles, 200 revolvers, and witness does not remember how many spears ; Brown said he had enough to arm about 1,500 men ; the Governor asked if he expected that number; he said no doubt that number, and five thousand if he wanted them ; he detailed the conversation respecting the Provisional Government suD-stantially as the last witness. B}' Mr. BoTTs — At the time of the attack on the engine-house, the prisoners remained in the rear at the suggestion of Brown and his party; heard Brown direct his party not to fire on any unarmed man; he gave that order more than once. By Mr. Hunter — Cook said Brown had been studying this subject twenty or thirty years. Had recoimoitered Harper's Ferry i-epeatedly. By Mr. Botts — The prisoners were allowed to go out, and assure their families of their safety; some went out several times; told his men not to return from his dwell- ing-house ; there were numerous shots toward the tank where Beckham was killed; Brown assured witness that he should be treated well, and his property should not be destroyed. By Mr. Hunter — While a prisoner in the engine-house, overheard a conversation between Stephens and another party, not known to witness, about slave-holding. Stephens asked the man if he was in favor of slavery? He said "Yes, although not a slave- holder." Stephens said, " You are the first man I would hang." By Mr. Harding — One of the three negroes taken with the witnesses was kept in the Armory yard ; another escaped, and went home; saw no conversation in particu- lar between the party and the negroes who were taken there ; all the negroes were armed with spears while in the Armory yard ; they walked about tlie Armory grounds, and one came and warmed liimself; no negro from this neighborhood ap[)eared to take up arms voluntarily ; saw no wounded men dragged into the engine-house. At 7 o'clock the Court adjourned till morning. THIRD DAY. Charlestown, Friday, Oct. 28, 1859. Capt. Cook arrived here at 1 o'clock this morning. He says that if Brown had taken his advice in relation to mounting, a thousand men could not have taken them. There is great rejoicing at his arrest. He says that Fred Douglass acted the coward, having 4| promised to be there in person. George H. Hott, of Boston, counsel for Brown, arrived tins morning. He is quite a youth. The Court met at 11 o'clock. Brown was led from the jail, walking very feebly. He lay down upon his cot. Senator Mason entered the Court with Mr. Hoyt, the Boston counsel of Brown; ho remarked that the testimony of Col. Washington and Mr. Phelps yesterday was strictly truthful. The Jury were called^ and answered \o their names. Mr. Botts announced the arrival of Mr. Hoyt, who had come here to assist the counsel 72 THE HARPER'S FERRY INSURRECTION for the prisoner. At present, liowever, lie did not feel disposed to take part in the case. Wiienever lie sliould feel disposed, lie would do so. Mr. lIuNTEU snggested tliat lie had better be onalifled as a member of the bar by pro- ducing ])roof from the Boston bar. Mr. IIoYT had not brought his credentials of admission. • The Court said that that was not required in order to be strictly legal ; tcthat fact any citizen's evidence would answer. .Mr. Green said his partner had read letters from fellow-students of Mr. Hoyt, alluding to him as a member of the bar. Mr. IIoTT then took the customary oath. TESTIMONY RENEWED. By Mr. Botts — Conductor Phelps recalled — The question put to him was prepared by Brown. The firing was commenced by those men on the bridge who shot Hay ward; the next iiring was by Throgniorton ; does not know whether the firing at Ilayward was intentional ; tliere was no attack on Brown's men until after Hayward was shot ; be was shot by armed men in the Winchester span of the bridge. By Mr. Botts — Col. Lewis W. Washington recalled — IsTegotiations were opening with Brown for the release of prisoners before the general firing commenced on Monday ; does not know whether all tlie prisoners signed the proposition for a suspension of firing ; in the opening negotiations, Brown frequently suggested that the. prisoners should cross the bridge with him to the second canal, and the lock was not to be fired upon until they reached that point ; none of the prisoners made any objection to the propo- sition ; Brown said he was too old a soldier to yield the advantage he possessed in hold- ing hostages ; during the day Brown's son was wounded in the breast, the ball passing around to tlie side, but he took his weapon again, and fired frequently before his sufl:er- ings compelled him to retire; heard Capt. Brown frequently complain of bad faith of people on a fiag of truce ; heard him make no threat, nor utter any vindictiveness against the people ; Mr. Brewer went out and brought in a promise that the people Avould not fire while negotiations were pending ; cannot say tliat all th.e firing of Capt. Brown or his men was in self-defence ; heard Brown give fre(]uent orders not to fire on unarmed citizens ; the first firing Avas against the engine-house ; Brown said the people appeared to pay but little regard to the lives of the citizens, and we must take the chances with them ; after the first attack on the engine-house by the marines, there was not a general cry of " surrender ;" one cried surrender, but the others fought on; Brown had a rifle in his hand when he was struck down by the marines, and received a cut over the head with a sword of Lieutenant Green. Mr. Hunter laid before the jury the printed Constitution and ordinance of tlie Pro- visional Government, reading the two first clauses of the preamble, the 7th, 45tli, and 48tli articles, and briefly summing up other portions of the Constitution. Sheriff Camp- bell knows the handwriting of the prisoner ; has copied a letter for him. Brown said he would liimself identify any of his handwriting, and save all that trouble. He Avas i:eady to face the music. Mr. Hunter would prefer proving them by Mr. Campbell. Brown — Either way, as you please. A large bundle of letters was produced. Each was identified by Campbell and handed to Brown, who, at the first glance, replied to each in a loud voice, "Yes, that Is mine." jM The papers and letters were about fifty in number. On receiving a list of members of the Convention, Mr. Hunter read it. It is headed, William Charles Morris, President of the Convention ; and H. Kagi, Secretary of the Convention. On handing the list to Brown, he exclaimed, with a groan, " That's my signature." In reference to another paper, he said, " I have nothing to say about that." Mr. Hunter read a letter from J. R. Giddings, acknowledging the receipt of a letter from Br(jwii, and that he would be jfleased to see him at his house during the summer. Mr. Hunter then read the letter from Gerrit Smith about the " Kansas work," which has already been published. It has June, B, 1859, indorsed on the back, in Brown's writing. Mr. Botts here insisted on the right of examining the letters before their being read. THE HARPER'S FERRY INSURRECTION". 73 Araistead Ball, master Tiiachinist at tlie Armory, testified tliat early in the morning he was aroused by Benjamin Hobbs announcing tliat persons were at tlie Armory, car- rying otf government property ; reached the gate, was accosted by two armed men, and seized as a prisoner ; refused to make any explanation until within the Armory yard ; Stephens was sentry at tlie gate ; was conducfed to Oapt. Brown, who told me his object was to free the slaves, and not tlie making of war on the people; that my person and private property would be safe ; that his war was against the accursed systein of slavery ; that he had power to do it and would carry it out; it was no child's play he had under- taken ; lie tlien gave me permission to return to my family, to assure them of my safety and get my breakfast ; started back home, and was accompanied by two armed men, who stopped at the door; breakfast not being ready, went back, and was allowed to return home again, under escort, at a later hour; on returning again, Capt. Brown said it was liis determination to seize the arms and munitions of the government, to arm the blacks to defend themselves against their masters ; Brown also made a proposition to witness and other officers of the Armory to deliver into his possession the munitions of war belonging to the Government ; he replied that they were already in his possession, as we were ; Brown frequently told us our safety depended on tlie good conduct of our citizens ; wlien the firing commenced all fell ; we were in danger, and almost any propo- sition tliat was made was accepted to secure our safety ; Brown said if the citizens were willing to risk their lives and those of the prisoners, to captui-e him, they must abide by it; Brown made but one proposition to go to the canal loclc, give up their prisoners, and fight it out with the military; at dayliglit, on Tuesday morning, witness appealed to Brown on the ground of humanity to the prisoners, as well as to the men who appeared 50 bound to him, not to persist in spilling more blood; Brown replied that he was well aware of what he was about, and knew tlie consequences ; that he was already pro- claimed an outlaw, and $3,500 was on his head ; with regard to the killing of Beckham, one of Brown's party had fired in that direction several times; remonstrated with him when levelling his rifle at an old man named Guess, that he was not a combatant, and he desisted; afterward heard him fire, and heard him say, "Dropped him;" when we ■ heard tliat Beckham was dead, the man who fired asked who it was ; we told him he was an old and respectable citizen, and mayor of the town, and the man who fired ex- pressed himself very sorry ; this man was afterward killed at the charge of the marines ; Oapt. Brown made preparations for resisting the marines ; he was always in arms, but I do not think I saw him fire. [The other portions of Mr. Ball's testimony were merely in corroboration of Mr. Washington's.] By Mr. Gkeen — We, as prisoners, agreed to such term^ of capitulation as our citizens were willing to accei)t. Tlie jiropusal was written by Mr. Dangeifield, and dictated by Brown. Do not know whether Brown's son and Stephens were wounded while they ac- companied the citizens with a flag of truce. Did not know that any of them were Brown's sons, until I heard Brown say to Oapt. Simnis, "there lies one of my sons dead, and here is another dying." Brown frequently remarked that the citizens were acting indiscreetly in persisting in firing on their own citizens; he maintained a different position all the time. Brown repeatedly said he would injure no one but in self-defence; Ooppie fre- quently urged us to seek places of safety, but Brown did not ; he appeared to desire us to take care of ourselves, and at the time of tlie charge of the marines, told us we must equally occupy the post of danger with themselves. There were three or four slaves in the engine-house; they had spears, but all seemed badly scared ; Washington Phil M^as ordered by Brown to cut a port-hole through the brick wall ; he continued until a brisk fire ciuiiinenced outside, when he said, "•this is getting too hot for Phil," and he squatted. Brown then took up the tools and finished the hole. JouN Allstadt, sworn — On ^[oiulay morning, about three, was awakened from sleep; asked who was at tlie door; the rejil}- was, " Get up quick, or we will burn yon up ;" asked what they intended to do ; they said, " Free the country of Slavery ;" told me ihey were going to take me to Harper's Ferry; dressed myself, and when I got to the don- they had all my blacks, seven in number; we were all put into a wagon ; the negroes were then all armed with pikes ; all the men who took us up were armed; we went to the Armory- yard, where I was put in cliarge of one of Brown's party; afterward we were ordered into the watch-house; saw Col. Washington there; Brown came and spoke to us about our getting two negroes to take our places, and then he would release us ; nothing further was said about that; Brown's rifle was cocked all the time; the negroes were jilaced in the watch-house with spears in their hands ; tlie slaves showed no disposition to use them; witness was afterward transferred to the engine-house; several negroes were there; saw 74 THE HARPER'S FERRY IN"SIJRRECTION". Phil making port-holes by Brown's order; tlie other negroes were doing notliing, and had diopped tlieir spears ; some of tliem were .asleep nearly all tlie time [laughter] ; when the marines made tiie assault, Brown's party took jiosition behind the engine and aimed at the door; Brown was in front, squatting; he fired at the marines, and my opinion is, that he killed that marine. By Mr. Green — Did not see any others slioot ; cannot state certainly by what shot tlie marine was killed ; he migiit have been killed by sliots fired before the door was broken open ; was much confused and excited at the time ; heard regrets expressed at Beckham's being killed. Alexander Kfxly, sworn — Described the manner of Thomas Boerley's being killed on Monday. Brown's party fired at witness, and witness returned tlie fire. Boerley was with wiines-;, and was armed witli a gun. Saw him soon after he was shot. The shot came from tlie direction of Shenandoali street. Not cross-examined. Albert Grist, sworn — Sunday night had been to meeting with mj* son ; coming home across the Shenandoah bridge, was seized Ijy two men with rifles; wlien we got to the end of the bridge, were stopped by a man with a spear; asked wiiat was the matter ; Avas tlie town under martial law; he told me I should not be Imrt, and asked me whether there were many slaveiiolders about Harper's Ferry; 1 told him no: Brown came up, and observed, "•You have got some prisoners ;" they took us to the Armory ; found some citizens there ; being tired, we laid down ; Brown said his object was to free the slaves ; told him there were not man\' there; lie rejdied, "Tiie good book says we are all free and equal," and if we were peaceable we should not be Iiurt; there was some firing ab(mt that time; afterward, about three o'clock, witness was sent to tell the conductor that the train might pass unmolested ; saw Mr. Beckiiain, and delivered the message; Brown then dismissed me; did not go home, being afraid some of Brown's men, not knowing this, miglit siioot me; saw Hayward bronglit in, wounded. Mr. Kelly, recalled — Saw Geo. W. Turner killed on High street; he was shot while in the act of levelling his gun; the shuts came from the corner of Shenandoah and High streets ; the men who fired had rifles ; one had a shawl on. » Afternoon Session, 3 o'clock. Henry Hunter, sworn — Went to the Ferry with the Charlestown Guard ; staid in the bridge, leaving the company; went oft" fighting on my own hook; saw Beckham fall when shot; heard the whistling of the ball ; undertook to go to his assistance, but was with- held by a friend ; soon after, anotlier person went to remove the body, saying lie " would help the Squire;" heard the whistling of anotlier ball; think that Beckham had a pistol in his coat pocket, judging from the weight and shape of the ])ocket; did not see it, and don't think the people from the Armory yard saw it ; the shot that killed Beckham came from the engine-house ; numerous shots were fired from the engine-house at the tank. The cross examination of this witness elicited nothing new. Col. Gibson, sworn — Helped a portion of the militia of Jefferson County to suppress the insurrection ; the Jelferson Guards and other detachments were in the action ; they were called out by authority of law; three insurgents were killed at the rifle factory, and Copland captured. Cross-examined — There was firing by outside citizens, and the three killed were not under my command; don't think the insurgents fired a gun at the rifle factory, but en- deavored to make their escape across tlie river. Benjamin T. Bell, sworn — Went to Harper's Ferry armed ; did not join the military; was stationed in the Gait House, in Capt. Botts' company ; in the evening walked out on the jilatfurm; saw Beckham shot; went as near to him as was .safe, but perceived no breathing; there was firing from the engine-house tow.ard tlie railroad.; Mr. Young, a member of the Jeft'erson Guards, was wounded while making a charge against the insur- sents ; saw others shot ; there' were probably thirty shots fired from the engine-Incise to- ward the tank, and in other directions. Cross-examined — There was general firing in almost every direction ; McCabe was about firing when he was shot; tliere were twenty or thirty men firing at the en- gine-house when Young and McOabe were wounded. Lewis Starry examined — He testified respecting the killing of Turner. The prosecution rested here. THE HARPER'S FERRY INSURREOTIOK 75 THE DEFENCE. Tlie Counsel for the Defence called Joseph A. Bkewbr, who testified that he was one of the prisoners in tiie engine-liouse witli Washington and others; Brown remarked tliat the i)risoners should sliare tlieir danger ; tliey were allowed to sl)elter tlieinselves as tiiey could ; Cross went out with a flag of truce ; another went out and came back wounded; Stepliens and Kitzniiller went out, and Stepiiens was shot; after tluit it com- menced raining very hard ; supposed Stephens was dead ; he lay near the corner of the depot; heard groaning, and saw Stephens nu)ving; asked Brown to send a man to the relief of Stephens ; Brown refused to send any otie, because he would be shot; witness was allowed to go and assist Stephens into the iiotel ; he returned to the engine-house according to his pledge; was sent several times by Brown to request the citizens not to shoot, as the lives of tlie prisoners were endangered ; negotiations were going on between Brown and the prisoners before the general firing commenced; Brown proposed tliat he should retain possession of what he held, including the Armory and negroes, and Col. Wash- ington and the others seemed to acquiesce in this arrangement; Cross was sent out to con- fer with Beckham and others on tlje subject; a guard weut with him, who were fired njwn ; after that Stephens wanted to shoot, but Kitzmiller appealed to him and they went out together to stop the firing ; when they did not return, Brown seemed to show temper, anc there was a ciiange in the arrangements; after tliat Brown said he had it in his power to destroy that place in half an hour, but would not do it, unless resisted; think a shot from tlie water-tank struck Coppie; he then returned the fire, and some one said, "that niin's down ;" the special object of witness in going out was to see the firing from the talk, which was annoying to those in the guard-house. A. M. Kitzmiller, sworn — Made repeated eiforts to accommodate matters with Brown; ae said his object there was to free the slaves from bondage, and if necessary fight tiie pro-slavery men for that purpose; I was first surprised, then indignant, and finally dis- gusted with Brown ; he said to me, " there is a company of riflemen on the bridge ; get them to go in company with Stephens;" Mr. Hunter told them he was sorry they did not leave their guns; Stephens remarked, that would not do; I had no flag, and did not Consider myself tlie bearer of a flag of truce; as to the rifle company on the bridge, I saw they were our own men, waved my handkerchief, and told the other man to remain; soon heard firing very close; Stephens fired in reply to a shot which struck him from the house by the Wincliester railroad depot ; Stephens swore and the other man re- turned ; I think it was Brown's son; Stephens was shot before he fired back; Thomp- son, of Brown's men, was a prisoner on the bridge. [Brown here cried over the circumstances connected with the death of Thompson.] Witness — I was not tliere, and did not see the last; the last I saw of Thompson he was a prisoner with the Ferry people on the bridge ; Moore, Burkhardt, Anderson, and twenty or thirty others were there ; Mr. Beckham was killed at or about the time Thomp- son was taken; did not return to the engine-house; witness's object was to prevent unne- cessary shedding of blood ; went out at the request of Brown to use his influence for that purpose. James Beller, sworn — Was at the Gait House with Chambers on Monday morning ; Chambers fired, and I saw the man whom he shot lying there; did not know the man; supposed it was Stephens ; did not see any one with him when shot; Stephens was shot before Capt. Botts' company reached the Gait House. Mr. Green stated to the Court that be desired to bring out testimony relative to the shooting of Tiiompson, one of the insurgents on the bridge ; but the State objected to it unless Brown had a knowledge of that shooting. Mr. Hunter said there was a deal of testimony about Brown's forbearance and not shooting citizens, that had no more to do witii this case than the dead languages. If he understood tlie oflfer, it was to show that one of those men, named Thompson, a prisoner, was dispatched after Beckham's death. The circumstances of the deed might be such as he himself might not at all approve. He did not know liow that might be, but he desired to avoid any investigation that might be used. Not that it was so designed by the re- spectable counsel employed in the case, but because he tiiought the object of the prisoner in getting at it was for out-door eflfect and influence. He therefore said if the defence could show that this prisoner was aware of these circumstances, and the manner in which that party was killed, and still exerted forbearance, he would not object. But unless tho 76 THE HAEPER'S FFRRY INSURRECTION knowledice of it could be brongUtbome to tbe prisoner and his after conduct, lie could not see its relevancy. Mr. BoTTS observed tliat they bad already proved that for bours after tbat, communi- cations were Iield between the parties. Tlie Court thought these facts admissible as evidence. Mr. IIuNTEK (the witness) was recalled — After Mr. Beckliam, who was my grand-uncle, was shot, I was much exasperated, and started with Mr. Chambers to tbe room where tlie second Thompson was confined, with tiie purpose of shooting him. We found several pers(ms in the room, and had levelled our guns at liini, wiien Mrs. Foulke's sister tlirew herself before him, and begged us to leave him to tlie laws. We then caught hold of him, and drugged him out by the throat, he saying: " Though you may take my life, 80.000,- 000,000 will rise np to avenge me, and carry out my purpose of giving liberty to tlie slaves." We carried him out to the bridge, and two of us, levelling our guns in this moment of wild exasperation, fired, and before he fell, a dozen or more balls were buried in him ; we then threw his body off the tressel work, and returned to the bridge to bring out tbe pri- soner, Stephens, and serve him in the same way; we found him suffering from his wounds, and probably dying; we concluded to spare him, and start after others, and shoot all We could find; I had just seen my loved uncle and best friend I ever had, shot down by those villainous Abolitionists, and felt justified in shooting any that I could find ; I felt it my duty, and I have no regrets. Wm. M. Williams, the watchman on tbe bridge, stated the particulars of his arrestjand confinement in tbe watch-house ; Brown told the prisoners to hide themselves, or fliey would be shot by the people outside; be said he would not hurt any of them ; Brown told Mr. Grist to tell the people to cease firing, or he would burn the town ; but if they ditjn't molest him, he wouldn't molest them ; heard two shots on tbe bridge about the time ^he express train arrived; did not see Hay ward killed. Brown — State what was said by myself, and not about his being shot. Williams — I think you said that if he had taken care of himself, he would not bavt suffered. 1 Reason Cross sworn — I prepared a proposition that Brown should retain the posses] sion of the Armory, that he should release us, and that the firing should stop. j Brown — Were there two written propositions drawn up while you were prisoner? 1 Cross — Yes, there was another paper prepared by Kitzmiller, and some others; I went out to stop the firing; a man went with me, and they took him prisoner and tied liira ; this was Thompson, who was afterward taken out and shot; Brown's treatment of me was kind and respectful ; heard him talk roughly to some men who were going in to where the blacks were confined. Several witnesses for tbe prisoner were here called, and did not answer the subpoenas. They had not been returned. Brown arose from his mattress, evidently excited, and standing on his feet, addressed the Court, as follows : Mat it Please the Court : I discover that, notwithstanding all the assurances I have received of a fair trial, nothing like a fair trial is to be given me, as it would seem. I gave the names as soon as I could get at them, of the persons I wislied to have called as wit- nesses, and was assured that they would be subpoenaed. I wrote down a memorandum to that effect, saying where those parties were; but it appears that they have not been sub- poenaed as far as I can learn ; and now I ask if I am to have anything at all deserving the name and shadow of a fair trial, that this proceeding be deferred until to morrow morning; for I have no counsel, as I before stated, in whom I feel that I can relj% but I am in hopes counsel may arrive who will attend to seeing that I get the witnesses who are necessary for my defence. I am myself unable to attend to it. I have given all the attention I possibly could to it, but am unable to see or know about them, and can't even find out their names ; and I have nobody to do any erraiul, for my money was all taken when I was sacked and stabbed, and I have not a dime. 1 had two hundred and fifty or sixty dollars in gold and silver taken from )ny pocket, and now I have no possible means of getting anybody to go my errands for me, and I have not liad all the witnesses subpoeiuxed. They ai-e not within reach, and are not here. I ask at least until to-morrow morning to have something done, if anything is designed; if not, I am ready for anything that may come up. THE HARPER'S FERRT INSURREOTION". 77 Brown then lay down again, drew his blanket over hiin, and closed his eyes and appeared to sink in tranquil shnnber. Mr. HoTT, of Boston, who Iiad been sitting qnietly all day at the side of Mr. Botts, arose amid great sensation, and addressed the Court as follows : Mat it Please the Oottrt : I would add iny voice to the appeal of Mr. Brown, altlioiigli I liave had no consultation with liiin, that the further hearing of the case may be postponed until morning. I would state the reason of this request. It was that J was informed, and had reason to believe, that Judge Tilden of Ohio was on his way to Char- lestown, and would undoubtedly arrive at Harper's Ferry at 7 o'clock to-niglit. I have taken measures to insure that gentleman's arrival in this place to-night, if he reaches tlie Ferry. For myself, I liave come from Boston, travelling night and day, to volunteer my services in defence of Brown. I could not undertake the resi)onsibility of his defence, as I am now situated. The gentlemen who have defended Brown acted in an honorable and dignihed manner in all respects, so far as I know, but I cannot assume the responsi- bility of defending him mj'self for many reasons. First it would be ridiculous in me to do it, because I iiave not read the indictment through — have not, except so far as I have listened to the case and heard counsel this morning, got any idea of the line of the defence proposed, and have no knowledge of the criminal code of Virginia, and no time to read it. I had no time to examine the questions arising in this defence, some of which are of con- siderable importance, especially that relative to the jurisdiction over the Armory grounds. For all these reasons, I ask the continuation of the case till to-morrow morning. Mr. Botts — In justice to myself I must state that, on being first assigned as counsel to Mr. Brown, I conferred with him, and at his instance took down a list of the witnesses he desired subpoenaed in his behalf. Though it was late at night, 1 called up the sheriff, and informed him that I wished subpoenas to be issued early in the morning. This was done, and there are here Messrs. Phelps, Williams and Grist, and they have been exam- ined. Sheritf Campbell stated that the snbpoenas were placed in the hands of an officer, with the request to serve them at once. He must have served them, as some of the witnesses are here. The process has not been returned, and may have been sent by private hands and failed to arrive. Mr. Botts thought they had shown, and he was confident he .spoke the public senti- ment of the whole community, when he said tiiey wished Mr. Brown to have a fair trial. Mr. Hunter — I do not rise for the purpose of protracting the argument, or interposing the slightest impediment in any way to a fair trial. This is fair. AVhether it was pro- mised to Brown or not, it is guaranteed by our laws to every prisoner; and, so tar as I am concerned, I have studiously avoided suggesting anything to the Court which would in the slightest degree interfere with it. I beg leave to say, in reference to this applica- tion, that I suppose the Court, even under these circumstances, will have to be satisfied in some way, through counsel or otherwise, that this testimony is material testimonj'. So far as any witness has been examined, the evidence relates to the conduct of Captain Brown in the treating his prisoners witli leniency, respect and courtesy, and this addi- tional matter, that his flags of truce — if you choose to regard them so — were not respected by the citizens, and that some of his men were shot. If the defence choose .to take that course, we are perfectly willing to admit these facts in any form they desire. Unless the Court sliall be satisfied that this testimony (which, I have no doubt, is every particle of it liere). which could begot, is really material to the defence, I submit that tlie applica- tion for delay on that score should not be granted. Some of these witnesses have been here, and might have been asked to remain. A host of witnesses have been here, and have gone away without being called on to testifj-. I simply suggest that it is due, in jus- tice to the Commonwealth, which has some right, as well as the prisoner, that information be given to the Court, showing that additional testimony is relevant to the issue. The simple statement of counsel I do not think would be sufllcient. Mr. Gkeen arose and said, Mr. Botts and myself will now withdraw from the case, as we can no longer act in behalf of the pi-isoner, he having got up now and declared here that he has no confidence in the counsel who have been assigned him. Feeling confident that I have done my whole duty, so far as I have been able, after this statement of ins, I should feel m^'self an intruder upon this case were I to act for him from this time forward. I had not a disposition to undertake the defence, but accepted the duty imposed on me, and I do not think, under these circumstances, when I feel compelled to withdraw 78 THE HARPER'S FERRY INSURREOTIOiT. from the case, that the court could insist that I should remaia in such an unwelcome position. Mr. IIakoixg — "We liave been delayed from time to time by similar apijlications, in the expectation of the arrival of counsel, until we have now reached tJie point of lime when we are ready to submit the case to the Jury upon tiie evidence and tlie law. wlien anotlier apiilication arises for a continuance. Tiie very witness that they now consider material, Mr. Dangertield, came here, summoned by ourselves, but deeming that we had testimony enough, we did not examine him. Tlie CouKT — The idea of waitmg for counsel to study our code through, could not be admitted; as to tiie other ground, I do not know whether tlie process has been executed or not, as no return has been made. Mr. BoTTs — I have endeavored to do my duty in this matter, but T cannot see how, consistently with my own feelings, I can remain any longer in this case, wiien the accused whom I have been laboring to defend, declares in open court that he has no con- fidence in his counsel. I make this suggestion, that as I now retire from tliis case, the more especially since there is now here a gentleman from Boston, who lias come on to volunteer his services for the prisoner, that the Court allow him this night for preparation. My notes, nij- ofHce, and my services shall he at liis command. I will sit up witii liim all night to put him in possession of all tlie law and facts in relation to this case. I cannot do more; and in the mean time, the sheriff can be directed to have the otlier witnesses here to-morrow. The CouKT would not compel the gentleman to remain on the case, and accoi-dingly granted the desired j^ostpouement, and adjourned at 6 o'clock. FOURTH DAY. Charlestown, Ya., Saturday, Oct. 29, 1859. The Court met at 10 o'clock. Tlie Judge announced that he had received a note from the new counsel of tlie prisoner, reqiiesting a delay for a few minutes, to enable them to have an interview with the prisoner, lie would accordingly wait a short time. Soon afterward, Brown was brouglit in, and took his usual recumbent position in bed. Samtjel Cnii.TON, of Washington City, appeared as additional counsel for the jirisoner, and was qualified. Heney Griswold, of Cleveland, Ohio, was introduced to tlie Court as counsel fo,r the prisoner, and qualified. Mr. CniLTON thought it due to himself to make an explanatory statement before the trial proceeded. Yesterday he was very unexpectedly called upon to come here, and aid in the defence of the prisoner. Knowing from the newsjiapers that t!ie trial was in pro- gress, he took time to consider and counuU his friends as to the propriety of !K'Ce]>liiig the proposition. lie would have had no hesitation if he had been spoken to in time, but his iriends advi-ed liim to come, and he did so with the expectation of merely assisting tlie gentlemen already conducting the defence. Upon reacliing here, lie found that tiiey had withdrawn from the case, and he then hesitated about undertaking it; but upon consulta- tion with the prisoner and his friends here, they insisted he should do so, and he would do the best he cmild, not feeling at liberty, under the circumstances, to refuse. These cir- cumr^tances, however, would render it impossible for him to discliarge the full duty of counsel, not having had time to read the indictment or examination already given. He made no motion for delay; this was a matter entirely within the discretion of the Court, and if tlie judge thonglit proper to refuse to grant any postfxmement, lie knew it would be done under a sense of duty. Tliose extraordinary circumstances would also render it impossilile for his associate, Mr. Griswold, to discharge his full duty as counsel. A short delay of a few hours, if the Court thought proper to grant it, would enable tliem to make some preparation. Tlie Conirr stated that the trial must go on. Counsel had been assigned to the prisoner here, of his own selection, who had labored zesilonsly in his behalf, and had wirlidrawn because the prisoner had yesterday evening declared in open Court that he had no con- THE HARPEK'S FERRY mSURRECTION". 79 fivlence in tliem. So obstacle had at any time been thrown in tlie way of tlie jirisoner's liaviiig an ample defence. If this was tlie only case of the kind before the Court, lie wouKl at once grant the request, but several similar cases remain to be disposed of. This term will very soon end. and it was his duty to endeavor to get through with all the cases if possiMe, injustice to the prisoners, and in justice to the State. The trial must, there- fore, proceed. Mr, IIoYT remarked that j^esterday various papers in Oonrt, which were identified, for what jmrpMse he knew not, but presumed he should be informed, some as being jn Capt. Brown's handwriting, and some as bearing his indorsement. He had hastily examined those papers, and wished to object to some of them. The learned gentlemen associated w ith him in the trial liad not examined them, but he suj)posed the Court would not reg;ird that as material under the present ruling. Mr. Hunter, interrupting — There is no need of argument about the matter. Designate those you wish to object to. Mr. lIoYT — I desire to know the object of the counsel in introducing those papers. Mr. HuNTEn — The papers will speak for themselves. If you will designate which of them you ohjeet to, we will go on at once. Mr. IIoxT — I object to the autobiography of Capt. Brown, as having no bearing on this case. Mr. HuNTEH — I withdraw it. Mr. HoYT — I object to the letter of Gerrit Smith. Mr. IIuNTEK — I withdraw that, too. Mr. HovT — I handed to the clerk, last night, a list of names we wished summoned as witnt-sses— Samuel Strider, Henry Ault, Benjamin Mills, John E. P. Dangerfield, and Capt. Simms. I got a despatch just now, informing me that Capt. Simms had gone to Frederick, and would return in tlie fii'st train this morning, and come on to Charlestown this afternoon. I should like to inquire whether the process had reached Capt. Simms at Harper's Ferry ? Sheriff Campbell replied that the officer stated that Capt. Simms had gone to Frederick. Mr. Hunter — He was here yesterday. I hope we will proceed with some other witnesses. John P. Dangerfield was called, and testified that he was an officer of the Armory. He was a jjrisoner in the hands of Captain Brown, at the engine-house. Negotiations were going on for the release of all the [irisoners before the firing commenced. About a dozen black men were there, armed with pieces Avhich they carried mo.st awkwardly and. unwillingly. During tiie firing, they were lying about asleep, some of them having crawled under the engines. Witness was free to say, that from the treatment of Captain Brown, he had no personal fear of him or his men during his confinement. Saw one of the men shot in the engine-house. He fell back, exclaiming, "It's all up with me," and died in a faw moments. This man, he learned, was one of Capt. Brown's sons. Saw another young man, who canie in wounded, and cimimenced to vomit blood. He was also a son of Captain Brown, and was wounded while out with Mr. Kitzmiller. Prisoner frequently complained that his men were shot down while carrying a flag of truce. Mr. Hunter complained tl:at they were going over again the same facts that Avere elicited ; aiul all this was freely admitted by the defence. Mr. Hoyt said that he regarded it as the only feasible line of defence to prove these facts. It was the duty of counsel to show, if possible, that Capt. Brown Avas not guilty of treason, murder, or insurrection, according to the terms of this indictment. We liopo to prove tlie absence of malicious intention. Mr. Hunter was frank to admit that he could not but regard this course as merely calculated to waste time. Mr. HoYT would remind the Court that the course being pursued was not only in accorilance with their conviction of duty, but in accordance with the express commands of their client. The Court remarked that the counsel was responsible to the Court to conduct the case according to the rules of practice. Mr. IIoYT tiiought the language of the prosecution was calculated to impugn the honor of the fouiwel tor the prisoner. Mr. liuNTJCR — Nothing of tlie kind was intended. It is presumed the gentlemen will conduct the case in accordance with their duty as counsel, and their responsibility to the Court. 80 THE HARPER'S FERRY INSURRECTION". Mf. Dangerfield, resumed — Heard some conversation by Captain Brown as to liaving it in his power to lay tlie town in aslies and carrying off the women and chihlreii, but that he iiad refrained from so doing: heard him make no threats that he would do so; the only tlireat I heard from him was at the commencement of the storming of the engine- house; he then said that we must all take equal shares with him, that we could no longer monopolize the i)laces of safety ; he, however, made no attempt to deprive us of tiie places we had taken ; Brown promised safety to all descriptions of property, except slave ]n-operty ; at the time of the assault by the marines, one of the men cried out for quarter; lie had lienrd the same man, in a conversation with Brown during the night, ask him if he was comndtting no treason against his country in resisting the marines, to whicli Brown replied rliat he was; the man then said, "I'll tight no longer" — that he thought he was inerelv lighting to liberate the slaves ; after the attack was made on the engine-house, two of Brown's men cried for quarter, and laid down their arms, but after tlie marines burst open the door, they picked them up again and renewed the fight; after the fii'st attack, Capt. Brown cried out to surrender, but he was not heard ; did not see him fire afterward ; saw Coppie attempt to fire twice ; but tl;e caps exploded ; witness saw Brown wounded on the liip by a thrust from a sabre, and several sabre cuts on his head ; when the latter wounds were given, Capt. Brown ai)peared to be shielding himself, with his head down, but making no resistance ; the parties outside api)eared to be firing as they pleased. Mayor Mills, master armorer, sworn — Witness was one of the hostages of Capt. Brown, confined in the engine-house ; before the general firing commenced, negotiations were pending for the release of the prisoners ; a paper was drawn up, embracing certain terms, and borne by Mr. Brua to the citizens outside ; the terras were not agreed to ; the last time Mr. Brua was out, there was severe firing, which, I suppose, prevented his return ; Brown's son went out with a flag of truce, and was shot ; he came back wounded ; the prisoner attended him, and gave him water ; heard Brown frequently complain that the citizens had acted in a barbarous manner ; he did not appear to have any malicious feeling ; he undoubtedly seemed to expect reinforcements ; said it would soon be night, and he would have more assistance ; his intentions were to shoot nobody unless they were carrying or using arms; if they do, let them have it ; this was while the firiug was going on. Capt. Brown liere asked the witness whether he saw any firing on his part which was not purely defensive. Witness — It might be considered in that light, perhaps; the balls came into the engine- house pretty thick. Question by Counsel — Did you not frequently go to the door of the engine house ? No, indeed, [laughter.] A general colloquy ensued between the prisoner, lying on his cot, and the witness, as to the part taken by the prisoner in not unnecessarily exposing his hostages to danger. No objection was made to Brown's asking these questions in his own way, and interpos- ing verbal explanations relative to his conduct. The witness generally corroborated his own version of the circumstances attending the attack on the engine-house, but could not testify to all the incidents that he enumerated. He did not hear him say that he surrendered. Witness's wife and daughter were permitted to visit him unmolested, and free verbal communication was allowed with those outside. We were treated kindly, but were compelled to stay where we didn't want to be. Brown appeared anxious to elTect a compromise. Samuel Snider sworn. This witness proceeded to detail the whole circumstances of the two days, with what he saw, what he thought, and what he heard. Nothing new was elicited. He confirmed the statement of the other witnesses, that Brown endeavored to protect his hostages, and constantly said that he wished to make terms more for their safety than his own. Mr. IIoTT, at half-past one o'clock, complained of indisposition from the heat of the room, and asked that the usual recfess for dinner be taken. The Court then adjourned for one hour. At 2 o'clock the Court reassembled, and Mr. Griswold, taking his seat by the side of the prisoner, prepared to question the witnesses, and to receive from him such sugges- tions in the course of the examination as he had to make. Capt. SiMMS, commander of a volunteer company of Frederick, Md., was sworn — The report came to Frederick that 750 blacks and abolitionists combined had seized Har- per's Ferry ; witness started for the Ferry with the volunteers under command of Col.- THE HARPER'S FERRY INSURRECTION. 81 Slirivor, and was glad to find tlieir numbers were exaggerated after lie readied there on Monday at'ternoou ; tlie door of tlie engine-house was partially open, and witness was liailed from there ; two shots had been fired from there ; witness was hailed and went in ; he met Mr. Dangeriield and others there ; Capt. lirown said to witness that had a proposition to make, to which lie listened ; he wanted to be allowed to go over the bridge unmolested, and we then might take him if we could ; he had fought Uncle Sam before, and was willing to do it again ; Urown complained that his men had been shot down like dogs, while bearing a fiag of truce. Told him they must expect to be shot down like dogs if they took up arms in that way. Brown said he knew what he had to undergo before he came there — he had weighed the responsibility -and should not shrink from it ; he said he had full possession of the town and could have massacred all the inhabitants had he thought proper to do so, but as he had not, he considered himself entitled to some terms; Brown said he had shot no one who had not carried arms ; I told him that Mayor laeckham luid been killed, and tliat I knew he was altogether unarmed ; he seemed sorry to hear of his death, and said, "I fight only those who fight me;" witness then told the prisoner that he did not think any compromise could be efi'ected; Brown said he kept the hostages for his own safety ; they did not appear to fear any injury from him or his men, but only from attacks from the outside ; every man had a gun, and four- fifths of them were under no command; the military had ceased firing, but men who were intoxicated were firing their guns in the air, and others at the engine-house; Brown or any of his men could not have ventured outside the doors of the engine-house that night without being shot; saw Stephens in the hotel after he had been wounded, and shamed some young men who were endeavoring to shoot him as he lay in his bed, appar- ently dying; told them that if the man could stand on his feet with a pistol in his hand, they would all jump out of the window. Capt. Simms' testimony was at great length, but little new was elicited. On the conclusion of his testimony, Capt. Simms stated that he had returned here at the summons of the prisoner to testify in his behalf, with as great alacrity as he had come to testify against him. Ue had no sympathy for the acts of the prisoner ; for his move- ment, on the contrary, he would be one of the first to bring him to punishment. But he regarded Capt. Brown as a brave man, and being informed that he wanted him here as a witness, he returned with pleasure. As a southern man, he came to state the facts about the case, so that northern men would have no opportunity of saying that south- ern men were unwilling to appear as witnesses in behalf of one whose principles they abhorred. Israel Russell, sworn — Was the bearer of a flag of truce from Brown's party to the citizens of the Ferry. His testimony was merely in corroboration of the facts stated by previous witness. Teee.xoe Burns, sworn — Was taken prisoner by Capt. Cook and two others ; was one of the ten hostages confined in the engine-house ; Brown had five or six of his men there ; he did not give any reason to us why we were put there, except that it was for his own safety ; he said he did not think any attack would be made upon the engine-house while the hostages were there. Here the defence closed their testimony. None of the witnesses for the defence were cross-examined by the State. Mr. CuiLTox, for the prisoner, rose and submitted amotion that the prosecution in this case be compelled to elect one count of the indictment and abandon the others. The indict- ment consists of four counts, and is indorsed thus : "An indictment for treason, and advis- ing and conspiring with slaves and others to rebel;'' the charge of treason is in the first, and the second count alleges a charge difiereut from that which is indorsed on the back of the indictment, and which is upon record. The second count is under the fol- lowing 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 pro- perty of Messrs. Allstadt and Washington, to make rebellion and insurrection. There is a broad distinction between advising and conspiring with slaves to rebel, and con- spiring 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 82 THE HARPER'S FERRY INSURRECTION procoecled to nrgue the motion that tlie prosecution be compelled to elect one count and a!>ando:i the others, quoting Archibald's criminal pleading in support of his view. He further alluded to the hardship 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, ditferent descriptions of treason could not be united in the same indictment ; high-treason could not be associated witli other treason. If :!U inferior grade of the same character could not be included in sei)arate 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. Mr. IIardixg could not see the force of the objection made by the learned counsel on tlie other side. In regard to separate offences being charged, these were but ditferent 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 out of this treason, and was the natural result of this bloody conspiracy ; yet, after aU the evidence has been given on all these points, the objection is made that we must con- fine ourselves to a single one of them. He hoped that no such motion would be granted. Mr. Hunter followed on the other side. He replied to the argument of Mr. Chilton, saying that the discretion of the Court compelling the prosecution to elect on one count in the indictment, is only exercised where great embarrassment would otherwise result to the prisoner. As applied to this particular case, it involved this point, that notwith- standing the transaction, as has been disclosed by the evidence, be one transaction, a continued, closely connected series of acts, which, according to our apprehension of the law of the land, involves the three great offences of treason, conspiring with and advising slaves to make insurrection, and the perpetration of murder ; whether, in a case of this character, it is right and proper for the Court 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 tlie Court there spoken of in reference to the furthering of the great object in view was the attain- ment 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 his learned friend. As to the other point of objection, it was too refined and subtle for his poor intellect. Mr. Chiltox responded. In order to ascertain what a party is tried for, we must go to the finding of the Grand Jury. If the Grand Jury return an indictment charging the party with murder, finding a true bill for that, and he should be indicted for man- slaughter or any other offence, the Court would not have jurisdiction to try him on that count in the indictment. And the whole question turns on the construction of the sec- tion of tlie statute which has been read viz. : whether or not advising or conspiring with slaves to rebel is a separate and distinct offence from conspiring with other persons to induce it. The Court said that the difference might perhaps be taken advantage of to move an arrest of judgment ; but the Jury had been charged and had been sworn to try the pri- soners on the indictment as drawn. The trial must go on, and counsel could afterward move an arrest of judgment. As to the other objection, the Court made this answer : " The very fact that the offence can be charged in different counts varying the language and circumstances, is based upon the idea that distinct offences may be charged in the same indictment. The prisoners are to be tried on the various counts as if they were various circumstances. There is no legal objection against charging various crimes in the same indictment. The practice has been to put a party upon election where the prisoner would be emljarrassed in his defence; but that is not the law. In this case, these offences charged are all part of the same transaction, and no case is made out for the Court to interfere and put the parties upon an election. THE HARPER'S FERRY INSURRECTION. 83 Mr. Ciiii.TON said he would reserve the motion as a basis for a motion in arrest of jndijnient. Mr. Griswold remarked that the position of all the present counsel of the prisoner was one of very great embarrassment. They had no disposition to interfere with the course of practice, but it was the desire of the defendant that the case should be argued. He supposed that counsel could obtain sufficient knowledge of the evidence previously taken by reading notes of it. But it was now nearly dark. If it was to be argued at all, he supposed the argument for the Oommonwealtli would probably occupy tlie atten- tion of the Court until the usual time for adjournment, unless it was the intention to con- tinue witli a late evening session. From what had heretofore transpired he felt a deli- cacy in making any request of the Court, but knowing that the case was now ended except for mere argument, he did not know that it would be asking too much for the Court to adjourn after the opening argument on behalf of the prosecution. Mr. IIux'jER would cheerfully bear testimony to the unexceptionable manner in which the counsel who liad just taken his seat had conducted the examination of witnesses to- day. It would afford him very great pleasure in all ordinary cases to agree to the indul- gence of such a request as the gentleman had just made, and which was entirely natural. But he was bound to remember, and respectfully remind the Court, that this state of things, which i)laces counsel in a somewhat embarrassing position iu conducting the defence, is purely and entirely the act of the prisoner. His counsel will not be responsi- ble for it ; the Court is not responsible for it, but the unfortunate prisoner is responsi- ble for his own act in dismissing his faithful, skillful, able and zealous counsel on yester- day afternoon. He would simply say that not only were the jurors kept away from their families by their delays, but there could not be a female in this county who, whether with the good cause or not, was not trembling with anxiety and apprehension. While their courtesy to the counsel and humanity to the prisoner should have due weight, yet the commonwealth has its rights, the community has its rights, the Jurj^ have their rights, and it was for his Honor to Aveigh these in opposite scales, and determine whetlier we should not go on and bring this case to a close to-night. We had until twelve o'clock to do it in. Mr. CniLTOi^ said their client desired that they should argue his case. It was impossi- ble for him to do so now, and he could not allow himself to make at attempt an argu- ment on a case about which he knew so little. If he were to get up at all, it would be for the unworthy purpose of wasting time. He had no such design; but having under- taken this man's cause, he very much desired to comply with his wishes. He would be the last man in the world to subject the jurors to inconvenience unnecessarily, but altliough the prisoner may have been to blame, may have acted foolishly, and may have had an improper purpose in so doing, still he could not see that he should therefore be forced to have his case submitted without argument. In a trial for life and death, we should not be too precipitate. The Court here consulted with the jurors, who expressed themselves very anxious to get home. Ilis Honor said he was desirous of trying this case precisely as he would try another, without any reference at all to outside feeling. Mr. IIoYT remarked that he was physically incapable of speaking to-night, even if fully prepared. He had worked very hard last night to get the law points ; until he fell unconscious from exhaustion and fatigue. For tlie last five days and nights he had only slept ten hours, and it seemed to him that justice to the person demanded the allowance of a little time in a case so extraordinary in all its respects 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 fin- ished to-night. He was willing, however, to submit the case to the Jury Avithout a sin- gle word, believing they would do the prisoner justice. The prosecution had been met not only on the threshold, but at every step with obstructions to the progress of the case. If tlie case was not to be closed to-night, he would like to ask the same indulgence given to the otiier side, that he might collate the notes of the evidence he had taken. The Couj!T inquired what length of time the defence would require for argument on Monday morning. He could then decide whether to grant the request or not. After consultation, Mr. Chilton stated that there would be only two speeches by him- fcelf and Mr. Griswold, not occupying more than two hours and a half in all. Mr. Hlnter again entered an earnest protest against delay. 84 THE HARPEE'S FERRY INSURRECTION. Tlie Court replied, "Then you can go on yourselves." Mr. Hakdixct then commenced the opening argument for the Commonwealth, and spoke only for about forty minutes. He reviewed the testimony as elicited during the examination, and dwelt for some time on the absurdity of the claim or expectation of the prisoner— that he should have been treated according to the rules of honorable war- fare. He seemed to have lost sight of the fact that he was in command of a band of murderers and thieves, and had forfeited all title to protection of any kind. The Court then adjourned at 5 o'clock, to meet again at nine o'clock Monday morning, when Mr. Griswold will deliver his opening speech for the prisoner. FIFTH DAY. Charlestown, Va., Monday, Oct. 30, 1859. The Court met at nine o'clock. The prisoner was brought in, and the trial proceeded without delay. Brown looks better than heretofore, and his health is evidently improving. He was laid on a bed, as usual. The Court House and its approaches were densely crowded. Mr. Griswold, on behalf of the defence, said :— May it please your Honor and Gentle- men of the Jury — Since the adjournment of the Court on Saturday evening, I have paid sucli attention to the case as I reasonably could, and such as will enable me to condense my remarks within the shortest possible space, in accordance with the arrangements mutually entered into. I feel as though an hour was, however, a very limited time to discuss the many questions that are intimately connected with the consideration of this irajwrtant case. At the same time I feel perfectly satisfied that I can do more justice to it, with the opportunity afforded to me by the delay that was kindly granted by the Court, than I could possibly have done when I was so unprepared for it. Gentlemen, the prisoner at the bar is charged with four offences, or rather I may say there are four counts cliarged against him, three of which are for distinct offences, one of which is charged in two different counts. Counsel for the State did not specify particularly the grounds upon which he did this. First, however, the defendant is charged with treason, and is so charged in nearly all the forms of treason required by law. In the second count he is charged with conspiring, and is thus indicted with certain other persons for conspiring to induce slaves to rebel and make insurrection. In the same count he is charged with aiding and advising slaves to rebel and make insurrection, etc. In the third count he is charged with murder— with willful and deliberate murder. I^ the fourth count he stands charged, with four other persons, three of whom are charged with murder, and the fifth with aiding and abetting, and that therefore they were all guilty of the crime of murder. There is one crime preferred here against the prisoner to M'hich I will briefly advert, in a manner personal to myself. I do not know, although I am a stranger, that it is necessary for me to say that I'have no sympathy whatever with any man who could be guilty of such an offence as is charged here. I would not say this but for the fact that I am an utter stranger here ; and having made that remark, perhaps it may be i)roper for me to make one more. Allusion was made by witnesses to the state of the public feeling prevailing in the North upon this subject. A similar allusion was made by the Commonwealth's attorney in his remarks, which he submitted to you the other day. It is therefore not out of place for me to say, that so far as I know the state of the public sentiment in the North, and I think I know something of it, for my business and calling bring me into association with all classes of people — it is, there- lin'e, 1 say, not inappropriate for me to say that there is no sentiment in the North in accordance with that of the defendant, or anybody else who may be guilty of the offences charged in that indictment. There' may be those, here -and there, who feel that similar scenes to those which lately occurred, may from time to time be brought about; but whether the result of interference from abroad, or the spontaneous outgushing from within the southern States themselves, it is a subject of deep regret that there should be any fear or danger of such things. And while they believe that such things may Jiannen, t!iey believe it with regret ; and it is their anxious hope that these feelings whici they deem to exist, may be removed peaceably and effectually. But, gentlemen, THE HARPER'S FERRY INSURRECTION 85 I stand here to defend this man as T would any other man charged with oflfeiices against this Stale, wlien called upon to do so. I ask you, gentlemen, to take the testimony in view of the law as given you by the Court, and to weigh it carefully and deliberately, I say to you, not in the language of the prosecuting attoi'ney, to glide over it, but to in- vestigate it clearly, and say whether the otfcnces charged agaiast the prisoner have been committed by him or not, and whether they are sustained by the evidence. I feel con- sideral)le embarrassment in coming before a jury to defend a prisoner against charges of this kind under circumstances which are patent to you all. 1 know that you have been selected for the high duty as men competent to try the issue, and as men of sufficient integrity and honesty of purpose to rise above the prejudices, the passions and the feel- ings of every description which surround you. But yet, you are in the midst of a com- muflity which, I am informed since I took part in this trial, is greatly excited ; and even since I came into this court that fact has been brought to your mind. Counsel for the prosecution told you, the other day, that anxious faces were hanging around the court- house invoking a verdict of condemnation upon the'prisori'cr. .His distinguished associ- ate told you that not a lady in the county felt herself safe while things were in the con- dition they were now in. If this be so, then I say to you that the greater caution is required at your hands in giving this question a fair and impartial consideration. I was rejoiced to hear that the universal sentiment throughout the county is that the unfortu- nate man should have a fair trial. I was rejoiced to see that sentiment echoed through- out the whole State, through your Governor, that he should have a fair trial. I have no doubt that it is the firm intention of every member of the Jury to give him a fair and impartial trial. But, gentlemen, what is meant by a fair trial? It is not that the mere forms of law should be invoked, because that, it is well known, no matter what the evidence may be — because, I say, it is well known that these forms are but the pathway to the scaffold. I do not mean that the mere forms of a fair trial should be observed. Why ? Because they may be used merely to conceal, for the time being, the gallows that looms behind. I do mean that he shall have not only the forms of a fair trial, but tliat every principle of law and justice shall be made available, and every particle of evi- dence introduced by himself or by the State shall get its fair weight and consideration in his behalf A man charged with the grave offences alleged against the prisoner, must be convicted only by the clearest and the most satisfactory and conclusive evidence, such as cannot leave a reasonable doubt on the mind of any one juror. I propose, therefore, gentlemen, briefly, to consider the evidence as it applies to the law, which I bold should be applicable in tliis case. In doing so, I cannot go into details, but cau advert only to the evidence generally, asking you, when you retire to your room, to inquire whether this, that, or the other circumstance has been proved, which is essential to convict the prisoner. My first remark has relation to all the offtjnces charged in the indictment; and it is set forth upon the record that all those offences were com- mitted within the jurisdiction of this Court, and within the county of Jeff'erson, in this State. Now, gentlemen, this is a matter to be proved. I have read the notes of the evi- dence, and I can find no proofs whatever upon this point. There has been proof that the off"ences said to have been committed took place at Harper's Ferrj^ or in the neighborhood of Harper's Ferry. But where is Harper's Ferry ? The Court takes judicial notice of something which it says occurred in a certain place within its jurisdiction. But this must be proved, and I maintain it has not been proved. Therefore I say, that the Jury impannelled to try the matter set fortii in this indictment must have every fact submitted to them proved beyond a doubt. They cannot take, and ought not to take, anything on trust. They know nothing, except that which is detailed in evidence. Not that every fact essential must be proved, but those facts must be proved from which inferences may legitimately be drawn. I say, therefore, gentlemen, you have no right, from any know- ledge you may have obtained elsewhere, to say that these offences, as alleged, have been committed within the limits of the county of Jeff'erson : and I ask that the Court will so direct you. In my State, the form is to ask the Court to charge the Jury; here, I believe, the requisition is to instruct the Jury. We demand, on behalf of the prisoner, that the jurisdiction be proven. We maintain that it is as necessary to do so, as to prove the firing of a gun, the seizing of a slave)^or the commission of any of the acts laid in the indictment. If any of the offences are committed elsewhere than within the jurisdiction of. this Court, then tlie charges set forth have no existence, upon which this prisoner is sought to be convicted. Therefore, I say again that this assumed jurisdiction must be proven. Having stated thus much, I will proceed to other points. The first offence charged is treason. Here I again raise a point without designing to argue it. I state it 6 85 THE HAEPER'S PERRY INSURRECTION. that it may be iinderstoorl that both mj'self and the learned counsel witli wliom I am associated asrree entirely in our views upon that point, leaving it to be discussed at length by iiirn. I allude to it now merely to afford the learned counsel, who will close the arguments for the State, ample time to reflect upon and consider it.. The charge laid in ibe first count is treason. Now, my jioint is th;it no man is guilty of treason, unless lip be a citizen of the State or Government against which the treason so alleged has been oommitted. I state the point, and I say to you, gentlemen, if the Court rules, as we claim it is bound to do, that this man is not a citizen, that consequently he cannot be guilty of treason against the State. Rebellion means the throwing off allegiance to some constituted authority. Uut we maintain that this prisoner was not bound by any alle- giance to this State, and could not, therefore, be guilty of rebellion against it. But I will pass from this part of the subject. Now, with regard to treason, several things are said to constitute treason, one of which is levying war against the State ; and that is one of the charges laid in'the indictment. But, gentlemen, tliere is a great difference between levying' war and resisting authority, and this is a matter I particularly wish you to bear In mind. A man may resist authority with ever so much violence, and bloodshed may ensue from such resistance, biit that is not treason. It may happen, and it does happen, wh«re men congregate together for the purpose of perpetrating a crime. They associate for that ])urpose, and they have their rules and regulations, and all the elements of ail organization, and yet if assailed in the commission of crime, and they defend them- selves to the utmost, and with great sacrifice to the lives of themselves and their fellow- citizens v.'hom they resist, that is resistance, but that is not levying war. And how is it here? These men, it appears, assembled at a certain place, as the defendant himself indeed admits they did, and from that admission lie does not shrink, for the purpose of Tunning away with slaves. That i^ a criiue, and for that crime he is amenable to the laws of your State, and for which you can puni'ose and with the object of overthrowing and of organizing a government, and to subvert the Commonwealth of Virginia. Now, I say with reference to that book so much relied upon by the prosecution, tliat if it proves anything it proves that the attempt, if any such was designed, was to establish a "-overn- meut iu opposition to the Government of the United States, and not to subvert the Com- monwealth of Virginia. All the terms used, all tlie officers to be appointed, have reference to a government like the United Slates. The pamphlet does not say what territory this association, or government, is to exercise jurisdiction over. Its proposed empire is not defined. It has.fixed no territorial limits, and, therefore, if it means anything at all it alludes to the government of the whole United States in general, and not to this State 'or any other in particular. But as this book or code of laws has been put in evidence, 1 tell you, gentlemen, that you must not select any particular part of it— you must take' it all as evidence, every pitrt of it must be taken, one part as much as another, except the prosecution produce evidence satisfactorily contradicting any portion of it. Fiom the contents of that book it is clear that tliese nun did not contemplate the overthrow of the State government, but simply an amendment or repeal ot obnoxious laws, Or what they deemed to be such. I speak of this matter because yon are compelled to find that the prisoner was guilty of all those matters contained in the several counts. But they. have failed in establishing any one ot these charges. The jimsecution say that he is guilty of giving aid and comfort to the enemies of the Commonwealth, and that is the only specific charge they have made on fact. And how do they attempt to support it? Did not the prisoner, they say, actually send- to the tavern and procure provisions and feed the enemies of the Commonwealtli ? Did lie not feed the slaves, and are they not enemies of the State? Was not that act, therefore, turnishing aid and conifort to the enemy? I was surprised to hear this part of the subject commented upon. 1 was surprised that in that couuection, by an association of ideas no doubt very ingenious and felicitous if they could be traced out, he bur^t forth into that sublime apostrophe to freedom which- the prosecuting attorney delivered the other evening in tones and action and lanurt. We heard, during the progre-s of this investigation, reference made to the conduct of some parties who to^ik an active part in the late events at Harper's Ferry. But, gentle- men, the courage spoken of was physical courage, tliat courage which would induce men, whenever necessary, to face danger, no matter from what quarter it might come or in what- ever form it might present itself This courage commends itself to your highest regard. This is physical courage. But tliere is another sort of courage which soars far above that which is mere physical. It is moral courage. It is a courage which will enable the true man, who is blessed with it, to raise himself above the influence of prejudice, self-interest, or popular excitement. It is a courage that withstands all temptations, and fearles-ly rises above the petty considerations which influence more ignoble minds. It stands unflinch- ingly to meet the seething waves of popular excitement of commotion, and will not be turned aside from that which is humane and truthful. IsTov/, gentleman, if there be any- thing of this kind in your hearts — if you suppose there is anything more required than simple justice to be meted out to this unfortunate man — you have this day an opportunity of exhibiting that true moral courage of which I save spoken; and through the longest da^ you have to live you will value nothing more precious than the remembrance of the fact that you acted rightly, and justly, and mercifully in the day of danger. You, gentle- men, have this day a great opportunity of evincing true moral courage by dealing with this case as I have feebly pointed out, if you can do so justly and preserving your oaths intact. Whatever you do, preserve your honor untarnished, preserve also the integrity and reputation of the Common wealth, so long renowned for her justice, for truth and for chivalry unstained. I feel, gentlemen, that I have not done justice to the case; but I have said what I desired to say, situated as I am, closing simply with these remarks, whi«h I make on behalf of my client, and at his request, that he has not a particle of exception to take to the testimony of the witnesses examined during the trial. He deems it oidy a wonder amid the excitement of these scenes, that the truth, as he declares it to be, should be so fully developed. He believed that the deire3. al-o, as t)ie least he can do, to express his grateful thanks to Captain Simms, who voluntarily ca'ne forward from another State, because, as he said, lie wished to see justice done to a brave old imin. Gentlemen, with these remarks I submit the case, as far a- I am' concerned, into your hands. ' ' Mr. CniLTON spoke of the embarrassment wjth which he undertook the case. Ho intended to do his dutj' faithfully, and iiad come to deal with the prisoner not as Captain Brown, leader of this foray, but simply as a prisoner under the charge of violating the law. If that law did not warrant a conviction, he should endeavor to maice that appear to the Jury. Still he would say that he had no sympathy with the prisoner. Hi-^ birth and residence, until within a few years, had been in Viririnia, in connection with the institution of slavery. Although now a resident of the District of Columbia, he had returned to his native State to spend the remainder of his days, and mingle his, dust with her soil. No other motive ojterated on him tlian a disinterested one'to do his duty faith- fully. He regretted the excitement respecting the case, bur was glad to hear the Judge say on Saturday that he desired to try this case precisely like others. He .desired, and the wliole State, and the wlnde South desired, that the trial sliould be fair, and it had been fair. Circumstances had interrupted its progress. Counsel were here witliout proper preparation, but indulgence had been granted, and they made no cdmplaint. Tliey should do the best they could under the circumstances, and could not comi)hxin of the ex- citement. It was natural. He hoped it would not interfere witii ti:e course of justice, or cast a stain upon the bar of the State. Tiie Jury had sworn tiiey were unbiased, and lie presumed they would firmly dischai-ge their oaths in bringing in a verdict. He could not understand, from the opening of the prosecution, on what grounds these charges against the prisoner were attempted to he sustained. Tiie Commonwealth Attorney inihilged in a st;rain of abuse of tlie prisoner, and pronounced sentence on him without waiting the verdict of the Jury, thus usur[)ing the place of the Judge. There were three distinct charges. The first was of treason. Tliis was an offence at common law. TJ»e word is derived from a French word, signifying betrayal. Treason means betrayal of trust nr confidence, the violation of tidelity or allegiance to the Commonwealth. He maintained that treason could not be committed against a Commonwealih except by a citizen thereof. In the present case, the whole proof shows that this prisoner is not a citizen of Virginia, and he therefore cannot be found guilty of treason. The indictment charges tlie i)risoii- ers with committing every act composing treason. Tliey are charged with levying war against the State, and exciting slaves to insurrection ; but there was no proof tiiat they committed these acts chartred — no proof that they resisted any process issued against them as violators of autliority of the Commonwealth. Tiiey were rather guil'ty of resist- ing Colonel Lee, whicii was resistance to t!ie Federal Government, and not to the Com- monwealth. He had read carefully the prepared Provisional Constitution, and regarded it as ridiculous nonsense — a wild, chimerical production. It could only be produced by men of unsound minds. It defines no territory over Winch it is intended to operate, and says ttiat we, that is the signers of the document,, not all citizens of the United States, do establisiiment the foHowing Provisional Government. What is it? It is an associatiou or copartnersldp ; they are to own property in comihon and regulate its tenures; it did not contemplate a Government, but merely a voluntary association to abOiish Shtvery ; did not even undertake to levy taxes, which is essentia! to any Government. It does not appear tliat tins association was to be establislied in Virginia, or where it Avas tn go into effect. This was not treason. Is it the adoption of a Constitution or establishment of a Government? By no mean^. Those p irties had a mere imaginary Government to govern themselves, and nobody else, just like governing a military company or d<.4)aiing society. Even if they intended to set up a government over the otlier, they did not do it. There was a principle tliat every piece of eviilence was to he construed niost favor- ably to the accused, who should have the benefit of every d'oubt. In ce precisely like any other. He had lioped the counsel for the defence would have omitted to interpolate any outside matters, and, to a great extent, he had been gratified. One remark he would allude to in the opening speech of the defence this morning, where he had been represented as having drawn the picture of the dishevelled locks of an alarmed beauty. His friend had done him some injustice, in attributing to him a design of exciting alarm, or disturbing the minds of the people unnecessarily. He had endeavored to luarch straigiit forward, with tlie sole purpose of discharging hi-^ duty, in procuring the attain- ment of justice in respect to the prisoners. He would eoiumend to Mr. Griswold the testimony he had borne at the opening of the Court, that not only have the forms of a fair trial been extended to the prisoner, but the stibstance also; that, in the midst of all temptations to the contrary, in the midst of all the solid reasons that have been urged "\yhy a different course — I do not mean an irregular course — a different legal and constitu- tiombardy and Sardinia — The Theatre of War — The Austrian Generals. Thf Arm es and Navies of tlie Kuropean Nations: The French Army and Navy — Austrian Army and Navy — Sardin an Army and Navy — Russian Army and Navy - England's Army and Navy — Army and Navy of Naples and the Two Sx.lies— Armies of the Duch es and Popedom. The Manifestoes of the Eu'-opean Nations. The Ski' niishes of Frassinetto, Villattl, and Valenza. Battle of .Montebello — French Olfioial Account — Sar- dinian Official Account. Battles of VercelU and Palesto. Battle of Magenta— French Official Account — Aus- trian Official Account — Proclamation of Francis J o- sepli. Battle of Malegiiano — Austrian Official Account — French Olfici.il Account. Napoleon in Milan — The Kvacuation of Milan. The new Government in Milan O ^^lui'iation of Uie Lombard Government— Proclamation of Victor Emanuel— Address of the Municipal ty of .Milan. Battle of Solferino -The French Oltic al Account — .\us- tiian Official Account — Scenes on the liattle F ehl. As'KCDOTES OF TiiK W'Mi : -The Discii)line of lloiior- — The Dulce de Chartres — \ " Contr^iband of Uar " Puzzl?-— The French in Genoa— Mow the Gold was got — Fighting his Uattles o'er ag.iin - Wouiideil Volunteers at Palestro— An Orphan from Monte- bello— The Zouaves and their Prize -A King made a Corpo al — The Tu cos —Garibaldi's Heroes- Ma- genta—The Townsfolk of Milan aud Como — The onlv Son ami his Mother. APPKNDI.\-U ary of Eventa. The Aimistice— The Peace. ROBERT M. DE WITT, PUBLISHER, 160 and 162 Nassau St., New York. Copies of the above book sent by mail, postage paid, on receipt o/j>rice, W. H. TiNsoN, Print«r and Stereotyper, 43 A 4S Centre St., N. Y. The above in German. Price 25 Cents.