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 The Trial of John Brown.

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of Virginia, but of another State, they could the territory intended to be overrun; which, not convict on account of treason," which taken in connection with his invasion of the instruction was withheld. Exception was state, established both the animus and act tarken to this ruling, and is said to have of his treason. The pikes and firearms put in the hands been the only point the court of appeals of the negro slaves, the capture of the found difficulty in deciding. He also asked arsenal and killing of citizens, showed be the court to instruct to the effect that the yond question

that his intention was to incite jury " must be satisfied that the place where the offense was committed was within the and lead a servile insurrection, and was not, as was pleaded in his defense, a mere at boundary of Jefferson county," which in tempt to run the slaves off struction the court granted. into free territory. The jury immediately with Exception was taken by drew to considertheir verdict, the counsel for Brown to the and returned in an hour with jurisdiction of the court, upon the verdict of " Guilty." the ground that he was ar The eulogists of Brown, in rested by United States order to present him in the troops, and within the armory rdle of a martyr, have as yard, whichwas United States sumed that not Brown, but property; and consequently the Abolition party had been the jurisdiction was in a United on trial in Virginia, and that States court. But the court Brown, being in the hands of overruled this plea to juris the Virginians, was hurried diction; first upon the ground through a mere form of trial, that the offenses were com and was the victim of a judi mitted outside as well as in cial murder. side the armory yard, and There is, however, nothing secondly, that the State of to justify this assumption. Virginia had not divested it The specific acts, under each self of legal jurisdiction over count of his indictment — in COL. LAWSON BOTTS the property when it was ac citing slaves to insurrection, (Who with Judge Green was first employed in the defense of John Brown in the quired by the United States, treason against the common Circuit Court). but had always exercised wealth, and murder — were jurisdiction over criminal of fully proven, and the penalty fenses committed within the government en for each, under the laws of Virginia, was closures. death. Could Brown's crimes have been commit The precedent was cited of the trial and ted in Maine, Massachusetts or any New conviction of Ebenezer Cox for the killing of Colonel Dunn, superintendent of the England state, and his trial have been con United States armory at Harpers Ferry, the ducted in any of their courts, under a sim ilar penal code, his conviction would have murder having been committed in the office of Colonel Dunn within the armory en been inevitable. closure. The provisional government to which Cox was tried and sentenced by the cir Brown and his followers swore allegiance clearly provided for the seizing and confis cuit court of Jefferson county, Virginia, and cating the property of slaveholders, and the was hanged at Charlestown. Application was made by counsel for Brown to the su setting up of the provisional government in