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Trial of John Brown

Virginia v. John Brown was a criminal trial held in Charles Town, Virginia, in October 1859. The abolitionist John Brown was quickly prosecuted for treason against the Commonwealth of Virginia, murder, and inciting a slave insurrection, all part of his raid on the United States federal arsenal at Harpers Ferry, Virginia. He was found guilty of all charges, sentenced to death, and was executed by hanging on December 2. He was the first person executed for treason in the United States.It was in many respects a most remarkable trial. Capital cases have been exceedingly few in the history of our country where trial and conviction have followed so quickly upon the commission of the offense. Within a fortnight from the time when Brown had struck what he believed to be a righteous blow against what he felt to be the greatest sin of the age he was a condemned felon, with only thirty days between his life and the hangman's noose.

Background
On October 16, 1859, Brown led (counting himself) 22 armed men, 5 black and 17 white, to Harpers Ferry, an important railroad, river, and canal junction. His goal was to seize the federal arsenal and then, using the captured arms, lead a slave insurrection in the South. Brown and his men engaged in a two-day standoff with local militia and federal troops, in which ten of his men were shot or killed, five were captured, and five escaped. Of Brown's three sons who participated, two, Oliver and Watson, were killed during the fight, except that Watson survived in agony until the next day. Owen escaped and later fought in the Union Army. ==Reporting on the trial==
Reporting on the trial
Thanks to the recently invented telegraph, Brown's trial was the first to be reported nationally. reports on the trial, including Brown's remarks, differ in details, showing the work of more than one hand. The coverage was so intense that reporters could dedicate whole paragraphs to the weather, and the visit of Brown's wife, the night before his execution, was the subject of lengthy articles. The stories in the New York Daily Tribune were published unsigned, as the reporter, Edward Howard House, was in Charles Town in disguise, under a false name, with credentials from a Boston pro-slavery paper. He begged a visitor who knew him, Edward A. Brackett, a sketch artist from ''Frank Leslie's Illustrated Newspaper'', not to say his real name aloud. A second artist from ''Frank Leslie's Illustrated Newspaper was also in attendance, and Harper's Weekly'' employed a local artist and nephew of prosecuting attorney Andrew Hunter, Porte Crayon (David Hunter Strother); one of his drawings is in the Gallery, below. Leslie informed his readers that "one of our imitators" was publishing bogus pictures. He described how his paper had engravers and artists standing by in a New York hotel, and once a sketch had arrived from Charles Town, 16 artists worked simultaneously at transforming it (split into 16 segments) into an illustration ready to be printed. The illustrations were so widely distributed that Yale Literary Magazine made fun of them, publishing the drawings of "our own artist on the spot" of "Governor Wise's shoes", "John Brown's watch", and the like. ==Significance of the trial==
Significance of the trial
Considering its aftermath, it was arguably the most important criminal trial in the history of the country, for it was closely related to the war that quickly followed. According to historian Karen Whitman, "The conduct of John Brown during his incarceration and trial was so strong and unwavering that slavery went on trial rather than slavery's captive." According to Brian McGinty, the "Brown of history" was thus born in his trial. Had Brown died before his trial, he would have been "condemned as a madman and relegated to a footnote of history". Robert McGlone added that "the trial did magnify and exalt his image. But Brown's own efforts to fashion his ultimate public persona began long before the raid and culminated only in the weeks that followed his dramatic speech at his sentencing." After his arrest, Brown engaged in extensive correspondence. After the conviction and sentencing, the judge permitted him to have visitors, and in his final month aliveVirginia law required that a month elapse between sentencing and executionhe gave interviews to reporters or anyone else who wanted to talk to him. All of this was facilitated by the "just and humane" jailor of Jefferson County, Captain John Avis, who "does all for his prisoners that his duty allows him to", and had a "sincere respect" for Brown. Brown's last meal, and the last time he saw his wife, was with the jailer's family, in their apartment at the jail. ==The trial==
The trial
Jurisdiction This was the first criminal case in the United States where there was a question of whether federal courts or state courts had jurisdiction. The Secretary of War, after a lengthy meeting with President Buchanan, telegraphed Lee that the United States Attorney for the District of Columbia, Robert Ould, was being sent to take charge of the prisoners and bring them to justice. However, Governor Wise quickly appeared in person. President Buchanan was indifferent to where Brown and his men were tried; "Virginia Governor Henry Wise, on the other hand, was 'adamant' that the insurgents pay for their crimes through his state's local judicial system," As he put it, after claiming that he remained at Harper's Ferry to prevent the suspects from being lynched, In short, Brown and his men did not face federal charges. There were no federal court facilities nearby, and transporting the accused to a federal courthouse in the state capital of Richmond or Washington D.C.the nearest federal courthouse was in Staunton, Virginia, which was briefly mentioned in this regard Charles Town was described thus by a reporter there at the time: Coordinating local security activities, including keeping non-residents without legitimate business in the city away, was Andrew Hunter, personal attorney of Governor Wise, and the most distinguished attorney in Jefferson County. that there was not even standing room. Also on the 26th, M. Johnson, the United States Marshall from Cleveland, Ohio, arrived and identified Copeland as a fugitive from justice in Ohio. Counsel The next question was what legal counsel Brown was to have. The Court assigned two "Virginians and pro-slavery men", John Faulkner and Lawson Botts, as counsel for him and the other accused. Brown did not accept them; he told the judge that he had sent for counsel, "who have not had time to reach here". Child sold her piano to raise funds for Brown's family. After publishing it in newspapers, where it was widely read, she also published in book form, to raise money, her correspondence with and relating to Brown. Prosecution The prosecuting attorney for Jefferson County was Charles R. Harding, "whose daily occupations [drinking] are not of the nature to fit for the management of an important case". He was not on the same level as the defense attorneys. He agreed, unhappily, to be replaced for these cases, as Wise wanted, by Wise's personal attorney, Andrew Hunter. A Northern newspaper described Hunter as a "furious advocate of slavery". The prosecuting attorney, then, was Hunter, whose office was in Charles Town, despite the fact that in writing he referred to himself as the Assistant Prosecuting Attorney. He wrote the indictment. The central prosecution witness in the trial was Colonel Lewis Washington, great-grandnephew of George Washington, who had been kidnapped out of his home, Beall-Air, and held hostage near the Federal Armory. His slaves were militarily "impressed" (conscripted) by Brown, but they took no active part in the insurrection, he said. Other local witnesses testified to the seizure of the federal armory, the appearance of Virginia militia groups, and shootings on the railroad bridge. Other evidence described the U.S. Marines' raid on the fire engine house where Brown and his men were barricaded. U.S. Army Colonel Robert E. Lee and cavalry officer J. E. B. Stuart led the Marine raid, and it freed the hostages and ended the standoff. Lee did not appear at the trial to testify, but instead filed an affidavit to the court with his account of the Marines' raid. The manuscript evidence was of particular interest to the judge and jury. Many documents were found on the Maryland farm rented by John Brown under the alias Isaac Smith. These included hundreds of undistributed copies of a previously unknown Provisional Constitution for an anti-slavery government. These documents clinched the treason and pre-meditated murder charges against Brown. The prosecution concluded its examination of witnesses. The defense called witnesses, but they did not appear as subpoenas had not been served on them. Mr. Hoyt said that other counsel for Brown would arrive that evening. Both court-appointed attorneys then resigned, and the trial was adjourned until the next day. Brown, while making various suggestions to his attorneys, was frustrated because under Virginia law, defendants were not allowed to testify, the assumption being that they had reason not to tell the truth. One of Brown's attorneys made "a motion for an arrest of judgment", but it was not argued. "Counsel on both sides being too much exhausted to go on, the motion was ordered to stand over until tomorrow, and Brown was again removed unsentenced to prison" (actually to the Jefferson County jail). Brown's sentencing took place on November 2, 1859. As Virginia court procedure required, Brown was first asked to stand and say if there was reason sentence should not be passed upon him. He arosehe could now stand unassistedand made what his first biographer called "[his] last speech". It was reproduced in full in at least 52 American newspapers, making the front page of the New York Times, the Richmond Dispatch, and several other papers. The judge then sentenced Brown to death by hanging, to take place in one month, on December 2. Brown received his death sentence with composure. ==November 2December 2==
November 2{{snd}}December 2
Under Virginia law a month had to separate the sentence of death and its execution. Governor Wise resisted pressures to move up Brown's execution because, he said, he did not want anyone saying that Brown's rights had not been fully respected. The delay meant that the issue grew further; Brown's raid, trial, visitors, correspondence, upcoming execution, and Wise's role in making it happen were reported on constantly in newspapers, both local and national. An appeal to the Virginia Court of Appeals (a petition for a Writ of Error) was not successful. Delegations called on both Hoyt and Sennott to warn them of violence if they did not leave; the mayor said he had no force with which to resist the lynch mob expected to assemble the next day, Sunday. "The people of Charlestown...are wholly given up to hatred of all Northern visitors." Wise replied that in his view Brown should be hung, and he regretted not having gotten to Harpers Ferry fast enough to declare martial law and execute the rebels through court-martial. Brown's trial was fair and "it was impossible not to convict him." As Governor, he had nothing to do with Brown's death sentence; he did not have to sign a death warrant. His only possible involvement was from his power to pardon, and he had received "petitions, prayers, threats from almost every Free State in the Union," warning that Brown's execution would turn him into a martyr. But Wise stated that as Governor he did not have authority to pardon a traitor, only the House of Burgesses could. For the other charges, Wise believed that it would not be wise to "spare a murderer, a robber, a traitor," because of "public sentiment elsewhere". He also refused to declare Brown insane, which would have spared his life and put him in a mental hospital; Brown's supporter Gerrit Smith was forced to do that. Public sentiment in Virginia clearly wanted Brown executed. Wise was spoken of as a possible presidential candidate, Plans for a rescue After a number of other reports of rescue plans from various surrounding states, Hunter received on November 19 a telegraphic dispatch from "United States Marshal Johnson of Ohio," and Governor Wise one from the Governor of Ohio, stating that a large number of men, from 600 to 1,000, were arming under the leadership of John Brown, Jr., to attempt to retake the prisoners. After Hunter informed Governor Wise, and Wise telegraphed President Buchanan, He had previously been prevented by the Court from "making a full statement of his motives and intentions through the press", as he desired; the Court had "refused all access to reporters". "I have...had a great many rare opportunities for 'preaching righteousness in the great congregation'" []. He wrote to his wife that he had received so many "kind and encouraging letters" that he could not possibly reply to them all. "I do not think that I ever enjoyed life better than since my confinement here," he wrote on November 24. Help for Mary Brown and other relatives A meeting was held in the Tremont Temple, Boston, on November 19, "in aid of the suffering families of John Brown and his associates". Attendance was over 2,000. Presiding was John A. Andrew; They prepared a statement, witnessed by Capt. John Avis and two others, about events at the Battle of Black Jack. Mary did, however, reach Charles Town, and was allowed by Virginia Governor Wise to visit Brown for several hours on December 1, though she was not allowed to stay with him overnight. His will John Brown's first will is dated November 18, 1859. In his correspondence Brown mentioned several times how well he was treated by Avis, who was also in charge of Brown's execution and the one who put the noose around his neck. Brown's wife had arrived on December 1, He gave a similar, even stronger form of the same statement to jailer Hiram O'Bannon: ==Execution==
Execution
Brown was the first person executed for treason in the history of the United States. He was hanged on December 2, 1859, at about 11:15 AM, in a vacant field several blocks away from the Jefferson County jail. According to the correspondent of the New York Times: According to jailer John Avis, Brown was the happiest man in Charles Town. Spectators Brown was not the only happy man present. For those who supported slavery, the execution of Brown was a momentous event. Finally abolitionists were starting to be dealt with appropriately. The rope with which Brown was to be hung, made of South Carolina cotton, as visitors were told, was on display in the Sheriff's office. as did the mayor of Charles Town (see below). A prospective visitor from northwestern Pennsylvania, where Brown had lived for 11 years, was told in Philadelphia not to proceed, as martial law had in fact been declared in "the country around Charlestown". Militia had been stationed in Charles Town continuously from the arrest until the execution, to prevent a much-feared armed rescue of Brown. The telegraph was restricted to military use. "The outer line of military will be nearly a mile (1.4 km) from the scaffold, and the inner line so distant that not a word John Brown may speak can be heard." The gallows The Last Moments of John Brown, 1882. Note Brown kissing black baby as he leaves the jail (a legend). According to legend, popularized by a painting of Thomas Hovenden, Brown kissed a black baby when leaving the jail en route to the gallows. Several men who were present specifically deny it. For example, Prosecuting Attorney Andrew Hunter: "That whole story about his kissing a negro child as he went out of the jail is utterly and absolutely false from beginning to end. Nothing of the kind occurrednothing of the sort could have occurred. He was surrounded by soldiers and no negro could get access to him." On the short trip from the jail to the gallows, during which he sat on his coffin in a furniture wagon, After some twenty minutes, {{blockquote|A small group of doctors could not agree among themselves whether John Brown was dead. After thirty-eight minutes, they cut him down and his body fell in a heap on the scaffold. Once more they listened for a heartbeat and finally pronounced him dead. The body was taken back to the jail for the doctors to sign a death certificate, but when they removed the hood, they were disturbed by his appearance. Unlike a hanged man, his face had not blackened, the eyes did not protrude, and there were no discharges from his nose or mouth. The doctors argued. No one would sign the death certificate. One said he would issue a certificate only if Brown were decapitated. Another suggested they administer a massive dose of strychnine. They decided to go to lunch and give the body time to stiffen. Three and a half hours after the hanging they finally signed the death certificate. was cut up into pieces and distributed "to those that were anxious to have it". A different report says that the South Carolina rope was not strong enough, and a hemp rope from Kentucky was used instead; a rope had also been sent from Missouri. They were shown at the 1893 Columbian Exposition, along with John Brown's Fort. John Brown's body Governor Wise had John's body released to his widow Mary, who was awaiting it in Harpers Ferry. She and supporters traveled, via Philadelphia, Troy, New York, and Rutland, Vermont, to John Brown's Farm, in North Elba, New York, near the modern village of Lake Placid. The funeral and burial took place there on December 8, 1859. Rev. Joshua Young presided. Wendell Phillips spoke. ==Aftermath==
Aftermath
"In the minds of Southerners, Brown was the greatest threat to slavery the South had ever witnessed." His execution on December 2 was what most white Southerners wanted, but it gave them little relief from their panic. "The South was visibly beside itself with rage and terror." According to Dennis Frye, formerly the chief historian at the Harpers Ferry National Historical Park, "this was the South's Pearl Harbor, its ground zero". Northern-inspired revolt of their allegedly happy enslaved was the South's worst nightmare, and it was taken for granted that others would soon follow in Brown's footsteps. In the North the result was the opposite. "We shall be a thousand times more Anti-Slavery than we ever dared to think of being before," proclaimed a Massachusetts newspaper. Huge prayer meetings were held in Concord, New Bedford, Worcester, and Plymouth, Massachusetts, and many other cities. Churches and temples were full of mourners. The chapel of Yale College was draped in mourning. In Concord, Massachusetts, a ceremony was held at the Town Hall, in which an organ had been placed for the occasion. Henry Thoreau was a key speaker, as was Ralph Waldo Emerson. The "celebrated" words of President Thomas Jefferson on slavery were read. A considerable portion of the Wisdom of Solomon was read. In Albany, New York, Brown received a slow 100-gun salute. In Syracuse, New York, City Hall was "densely packed" with citizens, who listened to over three hours of speeches and contributed "a large amount of money" to aid his family. The City Hall bell was rung 63 times, "the strokes corresponding with Brown's age". In Philadelphia, a sympathy meeting was held in Shiloh Hall; In National Hall there was that evening "an extensive Brown meeting", with "an overflow crowd of more than 4,000". Three letters Brown sent from jail were read, and Theodore Tilton, whose speech was immediately published, compared the "martyr" Brown with Biblical figures and other historical martyrs. In Cleveland there was a crowd of 5,000; the Melodeon was draped in mourning. Across a main street was a banner with the quote: "I do not think I can better honor the cause I love than to die for it". Some businesses closed; in Akron, court adjourned. In Milwaukee, Wisconsin, 100 guns were fired at noon. In Montreal, there were "numerously attended" meetings on December 2, at which a collection for Brown's family was taken. In Port-au-Prince, Haiti, there were three days of mourning, all flags were at half-mast, and houses and the cathedral were draped in black. They raised $2,240 () to assist his widow Mary, which she had not received as of July 1860; Haitians also sent to the U.S. 2,000 bags of coffee, of each, to be sold to benefit the fund. In Princeton, New Jersey, on December 3 students demonstrated against Brown, and burned William H. Seward and Henry Ward Beecher in effigy. The participation of former president Franklin Pierce had been announced, Publications , published by Wm. Lloyd Garrison and sold at The Liberator office. Newspapers and magazines had whole sections on the episode. A poster (broadside) was made of Brown's last speech (see left). As there was as yet no process to print a photograph, a lithographed [engraved] reproduction of his last photograph and his signature were offered for sale for $1, to benefit the Brown family. Pamphlets started to appear as soon as Brown was sentenced, before his execution. A pamphlet of John A. Andrew, Republican candidate for Governor of Massachusetts, proudly states his connection with Brown, and his efforts for Brown's widow and children. There were also anti-Brown pamphlets. ''. Note skin colors of Black woman and her baby. Currier and Ives print, 1863. in a birdcage, wearing a dress, as he did when fleeing Virginia in 1865, and carrying a sour apple. (In the marching song ''John Brown's Body,'' Davis was to be hung from a sour apple tree.) Minstrels rejoice beneath. 1865? It is no coincidence that the preface of the fourth, by the family's preferred biographer, James Redpath, is dated December 25, 1859, as Brown was sometimes seen, and saw himself, as Christ, or Moses leading the Israelites out of slavery. On the title page it has a version of the seal of Virginia, with its motto, "Sic semper tyrannis" ('Thus always to tyrants'), exclamation point added. Virginia is now the tyrant, as explained on the day of Brown's sentencing by abolitionist Wendell Phillips, to whom, along with Thoreau and the young Emerson, Redpath's volume is dedicated: {{blockquote|It is a mistake to call him an insurrectionist. He opposed the authority of the Commonwealth of Virginia. The Commonwealth of Virginia!there is no such thing. There is no civil society, no government; nor can such exist except on the basis of impartial equal submission of its citizensby a performance of the duty of rendering justice between God and man. The government that refuses this is none but a pirate ship. Virginia herself is to-day only a chronic insurrection. I mean exactly what I sayI consider well my wordsand she is a pirate ship. John Brown sails with letters of marque from God and Justice against every pirate he meets. He has twice as much right to hang Governor Wise as Governor Wise has to hang him. Total sales were over 36,000 copies. his self-sacrifice showed by example how important fighting the sin of slavery was. For the South, he was what he had been in pro-slavery Kansas: the devil stirring up the hornet's nest, a traitor to the Constitution, which allegedly protected chattel slavery, and a murderer. Local retaliation by Blacks The barns of all the members of the jury that convicted Brown were burned by slaves. On December 2, 1859, the day of his hanging, "the farm of a ruthless slaveholder killed at Harper's Ferry was burned, and his livestock poisoned by slaves." "Slaves in Maryland stopped a westbound train, carrying the rebellion into a different county, and five were arrested after trying to organize a horse-and-carriage 'stampede' to freedom." There was a "mass movement of self-liberation" among the slaves of Jefferson County. Jerry, an enslaved man from nearby Clarke County, Virginia, was in January 1860 convicted of inciting a slave insurrection.{{cite news Long-term results. The outbreak of the Civil War "The attempt of John Brown has not had much effect, but the manner in which that attempt is received at the North is what has done the injury. The orations, speeches, sympathy, approval, the proposal to toll bells, close stores, &c., without any public manifestation to the contrary, has created a state of feeling at the South that is not to be described. ...In all our previous troubles I never had a shadow of fear as to the Union. ...But now I acknowledge that my fears amount almost to conviction that we shall see on the 5th [of December 1859] the last Congress of the present Union assemble. ...The cry for dissolution is sincere and unanimous. It is no longer the ultras and the fire-eaters."{{cite news "The execution of these prisoners is yet [1901] memorable in Virginia as one of the most impressive exhibitions ever given in the history of the State. It would have been eminently wise for the Virginia governor to have treated Brown and his followers as fanatical [insane] beyond full responsibility to the law, but the ostentatious exhibition of vengeance that came up from Virginia did much to deepen and widen the anti-slavery sentiment of the North. ...[H]e gave his life in such heroic devotion to his cause that the Northern people were impressed far beyond what they themselves had knowledge of." ==Reenactment==
Reenactment
At the time of the Civil War Centennial, at the request of the Jefferson County Civil War Centennial Committee local author Julia Davis Healy wrote The Anvil about the trial. Its first performance, in 1961, was in the same courtroom, described as "jampacked", in the Jefferson County Courthouse where the trial had taken place. There were 45 actors, most residents of Charles Town. Actual antiques were used; among other things, the man playing Brown was shackled with the handcuffs Brown had worn. Most of the words spoken were almost identical with those said at the trial. The title comes from this line in the text: "At times in history a man appears, pointed like a compass at one stara man of iron, an anvil on which God beats out his purposes." The trial was reenacted in 2019 by students from Shenandoah University. A version will be available at Shenandoah Valley Civil War Museum, in Winchester, Virginia. ==Drama==
Drama
* Harpers Ferry, by Barrie Stavis (1967), dramatizes the raid and trial. * Episode No. 18 ("The Night Raiders") of the CBS (1963-64) television series The Great Adventure shows a dramatization of the raid and subsequent trial. ==Gallery==
Gallery
File:John brown interior engine house.jpg|Interior of the engine house at the armory, just before the door is broken down. Note hostages on the left. File:John Brown at his arraignment.jpg|John Brown at his arraignment before a grand jury, drawing dated 1899 File:John Brown - Treason broadside, 1859.png|Request for prayers for Brown, dated November 4. File:Broadside warning re John Brown's hanging.jpg|A warning to citizens of Jefferson County, Virginia, and vicinity to stay home and not attend John Brown's execution. File:Broadside from mayor of Charles Town, Virginia.jpg|Broadside from mayor of Charles Town, Virginia, warning citizens to remain in their houses. File:T-john-brown-last-prophecy.jpg|John Brown's last words, given to the jailor, who requested an autograph. From an albumen print; location of the original is unknown. File:John Brown riding on his coffin to the place of execution (Charlestown, W. Va.) LCCN99614097.jpg|John Brown riding on his coffin to the place of execution. File:John Brown on his way to be executed.jpg|John Brown on his way to the gallows. Note soldiers on each side of wagon transporting Brown, to prevent an armed rescue. File:John Brown ascending the scaffold preparatory to being hanged cph.3c32551.jpg|Brown ascending the scaffold preparatory to being hanged. From ''Frank Leslie's Illustrated Newspaper'', December 17, 1859 File:John Brown's execution.jpg|John Brown hanging. From ''Frank Leslie's Illustrated Newspaper'', December 10, 1859. File:Right half of picture of John Brown's execution.jpg|Right half of picture of John Brown's execution. Note spectators at lower right. ==See also==
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