Trial of John Brown

John Brown was badly wounded at Harper's Ferry and taken to Charlestown, Virginia, where he was tried and sentenced. On the day of his execution, church bells tolled throughout the North, public meetings glorified his deeds, and he was made a martyr to the Abolitionist cause. What follows are excerpts from the Nov. 1, 1859 issue of the New York Times that describe the closing arguments of the defense and prosecution at the end of his sensational trial.

The Virginia Rebellion ---*--- Trial of John Brown ---*--- Appeal of the Counsel for the Defense ---*--- Brown Found Guilty of Treason, Insurrection and Murder ---*--- Sixth Day Charlestown, Monday, Oct, 31. 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 made the opening speech for the defence, taking up the several charges in the indictment, and replying to the points made in the opening argument for the prosecution. He alluded to the peculiar circumstances surrounding the present case, and hoped the jury would give it calm and dispassionate attention, divesting their minds as far as possible from all prejudice, and disregarding outside influences... ...With regard to the charge of treason brought against the prisoner, Mr. Griswold argued that Brown could not be guilty of treason, as he was not a citizen of this commonwealth, and none but a citizen could commit treason. Never having sworn allegiance to Virginia he could not be a rebel against her authority (Griswold said). He (Brown) was also charged with levying war against the State, but the evidence given did not support the charge. There was a great difference (Griswold said) between levying war and resisting authority... ... (Griswold admitted) that the prisoner openly confessed, that (Brown and his) men came for the purpose of running off slaves. That was a crime under the laws of Virginia (Griswold said) for which the prisoner was amenable to punishment to the extent of those laws. In carrying out that purpose (Brown) temporarily took possession of the Arsenal at Harper's Ferry (Griswold said), and while there attempts were made to arrest him. Mr. Griswold had no complaint to make about that. But it was in resisting those attempts that this blood was shed and lives taken, and not in levying war on the Commonwealth... (Griswold) then proceed to discuss the charge of conspiring with slaves, and said there was a manifest distinction between the effort to run off slaves, or steal slaves, and conspiring to induce them to rebel. Rebellion and insurrection was rising up, not to run away -- although freedom might be the ultimate object -- but (as for) rising up against masters, against whites, or against the state... (Griswold asked) if any man (had) testified... to show that Brown or any one with him said or did one thing to include any slaves to rise in rebellion... ... (Griswold) here proceeded to consider the count charging murder in the first degree. This was a crime involving premeditated murder, but he argued that no such malice had been shown. Capt. Brown knew he was committing an offence on slave property. He (Griswold said) has repeatedly confessed it, and is willing to abide the consequences; but (convict) him for that offence, and don't convict him of an offence he never dreamed of committing... Mr. Hunter closed the argument for the prosecution. He said he proposed to argue this case precisely like any other... His (opponent Griswold, he said) 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 march straight forward with the sole purpose of discharging his duty... (and) that not only have the forms of a fair trial been extended to the prisoner, but the substance also... ... Mr. Hunter then took up (Griswold's argument against the crime of) treason, which he understood to be, that none but a (citizen) of the Commonwealth can commit treason against it... Let the word treason mean breach of trust (Hunter said) and did (Brown) not betray that trust with which, as a citizen, he is invested, when within our borders?... The evidence in this case shows (Hunter said) without a shadow of a question, that when this man came to Virginia, and planted his feet on Harper's Ferry, he came there to reside and hold the place permanently... It was his nefarious and hellish purpose of rallying forces into this Commonwealth and establish himself at Harper's Ferry as a starting point for a new Government.... As to conspiring with slaves and rebel, the law says the prisoners are equally guilty, whether insurrection is made or not. Advice may be given by actions as well as words. When you put pikes in the hands of the slaves and have their masters captive, that is advice to the slaves to rebel Mr. Hunter closed at half-past 1. A recess was taken for half an hour, when the Jury came in with a verdict. There was intense excitement. Brown sat up in bed while the verdict was rendered. The jury (found him) guilty of treason, advising and conspiring with slaves and others to rebel, and for murder in the first degree. Brown lay down quickly and said nothing. There was no demonstration of any kind...

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