what type of defense did john brown's lawyer present

by Minerva Tremblay 10 min read

Virginia v. John Brown
VerdictGuilty of all charges; sentenced to death by hanging
Charge"Conspiring with negroes to produce insurrection" Treason against the Commonwealth of Virginia Murder
ProsecutionAndrew Hunter
DefenceGeorge H. Hoyt Samuel Chilton Hiram Griswold
2 more rows

Full Answer

Why was Brown frustrated with his defense attorney?

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. : 1792

Who was the lawyer who was appointed to represent John Brown?

Two experienced lawyers had at last arrived in response to Brown’s call for counsel. One was Hiram Griswold of Cleveland, sent as a substitute by Judge Tilden. The other was Samuel Chilton of Washington, D. C., a Virginian by birth and widely respected by fellow members of the bar.

Why was John Brown tried for treason?

John Brown was a criminal trial held in Charles Town, Virginia, in October of 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.

What did John Brown do in the Civil War?

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.

What plea did John Brown's lawyer want to defend him?

Brown's Lawyers Search for a Defense Botts asked him to declare Brown insane, using a telegram from a certain A.H. Lewis of Akron, Ohio, to support this plea.

How did John Brown justify his actions?

In his address, Brown asserted that he "never did intend murder, or treason, or the destruction of property, or to excite or incite Slaves to rebellion, or to make insurrection," but rather wanted only to "free Slaves." He defended his actions as righteous and just, saying that "to have interfered as I have done—In ...

What did John Brown do?

John Brown was a man of action -- a man who would not be deterred from his mission of abolishing slavery. On October 16, 1859, he led 21 men on a raid of the federal arsenal at Harpers Ferry, Virginia.

What does Brown do to defend himself at the trial?

He read a telegram from an Ohio resident who claimed that several of Brown's close relatives suffered from insanity. Brown protested. He wanted the trial to be a forum to attack the institution of slavery. He insisted that the insanity defense was "a miserable artifice and pretext" to avoid discussing slavery.

What was John Brown best known for?

How did John Brown become famous? Long before the Harpers Ferry Raid, John Brown earned a measure of fame as the leader of antislavery guerrillas in Bleeding Kansas, the small civil war fought between proslavery and antislavery advocates for control of the new territory of Kansas.

Who was John Brown fighting for?

John Brown was a leading figure in the abolitionist movement in the pre-Civil War United States. Unlike many anti-slavery activists, he was not a pacifist and believed in aggressive action against slaveholders and any government officials who enabled them.

Who was John Brown and what did he do during the Civil War?

John Brown was an American abolitionist who believed in using violent methods to eradicate slavery in the United States. He is most famous for leading an attack on a federal arsenal at Harpers Ferry, Virginia (now West Virginia), in 1859.

How did John Brown contribute to the Civil War?

On the evening of Oct. 16, 1859, abolitionist John Brown led 21 men down the road to Harpers Ferry in what is today West Virginia. The plan was to take the town's federal armory and, ultimately, ignite a nationwide uprising against slavery.

Who was John Brown?

The Browns made a modest living from the family farm near Torrington, Connecticut, enough to permit their son to enter school for training as a minister. John Brown was a poor student, however, and shortly returned to the family farm after failing his classes. This failure was to be the first of many. John Brown went on to try and fail at earning a living as a farmer, surveyor, real estate investor, postmaster, teacher, racehorse breeder, tanner, and wool merchant.

Who declared Michael Brown insane?

When the trial began, Botts made a critical motion to Judge Parker. Botts asked him to declare Brown insane, using a telegram from a certain A.H. Lewis of Akron, Ohio, to support this plea. Lewis, who apparently had known Brown from when the family lived in Akron, wrote, "Insanity is hereditary in that family. … These facts can be conclusively proven by witnesses residing here, who will doubtless attend the trial if desired."

Why did the Southerners want new states?

Southerners wanted new states to be Slave, and thus potential areas of expansion for the plantation economy of the South. Both sides wanted to have the votes of the representatives that a new state would send to Washington, particularly in the U.S. Senate, where every state, large or small, has two votes.

Who was the lawyer who defended Brown?

On Friday, October 28, George Henry Hoyt, a young but prominent Boston lawyer, arrived as counsel. One report says that Hoyt was a volunteer, but another that Hoyt was hired to defend Brown by John W. Le Barnes, one of the abolitionists who had given money to Brown in the past.

What was the name of the trial that John Brown was accused of?

Hiram Griswold. Virginia v. John Brown was a criminal trial held in Charles Town, Virginia, in October of 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.

How many men did Brown have?

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 there and then, using the captured arms, lead a slave insurrection across the South.

What was John Brown's warning to citizens?

A warning to citizens of Jefferson County, Virginia, and vicinity to stay home and not attend John Brown's execution.

What was John Brown's last word?

Just before his execution he wrote his final words on a piece of paper and gave it to his kind jailor, Avis, who conserved it as a treasure: Charlestown, Va . 2nd December, 1859.

How many letters did John Brown write?

During the month between his conviction and the day of his execution, Brown wrote over 100 letters, in which he described his vision for a post-slavery America in eloquent and spiritual terms. Most of them, and a few letters to him, were immediately collected and published. Many appeared in newspapers. They were hugely influential in accelerating the abolition movement and putting slaveholders on the defensive.

What did Governor Wise do to bolster tensions?

Many things that Governor Wise did augmented rather than reduced tensions: by insisting he be tried in Virginia, and by turning Charles Town into an armed camp, full of state militia units. "At every juncture he chose to escalate rather than pacify sectional animosity."

Who was John Brown?

John Brown (May 9, 1800 – December 2, 1859) was an American abolitionist leader. A religious man more than anything else, Brown believed he was "an instrument of God", raised up to strike the death blow to American slavery, a "sacred obligation".

Who tried to pardon John Brown?

Victor Hugo, from exile on Guernsey, tried to obtain a pardon for John Brown: he sent an open letter that was published by the press on both sides of the Atlantic. This text, written at Hauteville-House on December 2, 1859, warned of a possible civil war:

What was Brown's desire to the jailor?

Brown's desire, as told to the jailor in Charles Town, was that his body be burned, "the ashes urned", and his dead sons disinterred and treated likewise. He wanted his epitaph to be:

What was the impact of the sacking of Lawrence in 1856?

Brown was particularly affected by the sacking of Lawrence, the center of anti-slavery activity in Kansas , on May 21, 1856. A sheriff -led posse from Lecompton, the center of pro-slavery activity in Kansas, destroyed two abolitionist newspapers and the Free State Hotel. Only one man, a Border Ruffian, was killed. Preston Brooks 's May 22 caning of anti-slavery Senator Charles Sumner in the United States Senate also fueled Brown's anger. A pro-slavery writer, Benjamin Franklin Stringfellow, of the Squatter Sovereign, wrote that " [pro-slavery forces] are determined to repel this Northern invasion, and make Kansas a slave state; though our rivers should be covered with the blood of their victims, and the carcasses of the abolitionists should be so numerous in the territory as to breed disease and sickness, we will not be deterred from our purpose". Brown was outraged by both the violence of the pro-slavery forces and what he saw as a weak and cowardly response by the antislavery partisans and the Free State settlers, whom he described as "cowards, or worse".

What did John Brown learn from his adult sons in Kansas?

In 1855, Brown learned from his adult sons in Kansas that their families were completely unprepared to face attack, and that pro-slavery forces there were militant. Determined to protect his family and oppose the advances of slavery supporters, Brown left for Kansas, enlisting a son-in-law and making several stops to collect funds and weapons. As reported by the New York Tribune, Brown stopped en route to participate in an anti-slavery convention that took place in June 1855 in Albany, New York. Despite the controversy that ensued on the convention floor regarding the support of violent efforts on behalf of the free state cause, several people gave Brown financial support. As he went westward, Brown found more militant support in his home state of Ohio, particularly in the strongly anti-slavery Western Reserve section, where his boyhood home of Hudson is located.

How long did Brown plan to attack slavery?

Brown's plans for a major attack on American slavery go back at least 20 years before the raid. He spent the years between 1842 and 1849 winding up his business affairs, settling his family in the Negro community at Timbuctoo, New York, and organizing in his own mind an anti-slavery raid that would strike a significant blow against the entire slave system, running slaves off Southern plantations.

What was John Brown's ambition?

At 16, Brown left his family and came east with the design of acquiring a liberal education. His ambition was the Gospel ministry: "at one time [I] hoped to be a minister myself". In pursuance of this object, he consulted and conferred with the Rev. Jeremiah Hallock, then clergyman at Canton, Connecticut, whose wife was a relative of Brown's, and in accordance with advice there obtained, proceeded to Plainfield, Massachusetts, where, under the instruction of the late Rev. Moses Hallock, he prepared for college. He would have continued at Amherst College, but he suffered from inflammation of the eyes which ultimately became chronic, and precluded him from the possibility of the further pursuit of his studies, whereupon he returned to Hudson.

Who was John Brown?

Author: History.com Editors. John Brown was a leading figure in the abolitionist movement in the pre-Civil War United States. Unlike many anti-slavery activists, he was not a pacifist and believed in aggressive action against slaveholders and any government officials who enabled them. An entrepreneur who ran tannery and cattle trading businesses ...

Who was the leader of the John Brown raid?

The Washington family continued to own enslaved people. A group of men, led by Owen Brown, was able to kidnap Washington, while the rest of the men, ...

What did Brown do with the slaves?

With Tubman, whom he called “General Tubman,” Brown began planning an attack on slaveholders, as well as a United States military armory, at Harpers Ferry, Virginia (now West Virginia), using armed freed enslaved people. He hoped the attack would help lay the groundwork for a revolt, and historians have called the raid a dress rehearsal for ...

What was the key to the raid?

Key to the raid’s success was accomplishing the objective — namely the seizure of the armory — before officials in Washington, D.C., could be informed and send in reinforcements. To that end, John Brown’s men stopped a Baltimore & Ohio Railroad train headed for the nation’s capital.

How many of Brown's sons were captured?

Over the next several years, Brown’s efforts in Kansas continued, and two of his sons were captured — and a third was killed — by pro-slavery settlers. The abolitionist was undaunted, however, and Brown still advocated for the movement, traveling all over the country to raise money and obtain weapons for the cause.

Why did Brown's sons go west?

Confident he and his family could bring Kansas into the Union as a “free" state for Black people, Brown went west to join his sons.

How many men did Brown recruit?

He hoped the attack would help lay the groundwork for a revolt, and historians have called the raid a dress rehearsal for the Civil War. Brown recruited 22 men in all, including his sons Owen and Watson, and several freed enslaved people.

When was John Brown's trial?

The Trial of John Brown. Charlestown, Virginia. October 25 to November 2 , 1859. From “The Life, Trial and Execution of Captain John Brown, Known as “Old Brown of Ossawatomie,” with a Full Account of the Attempted Insurrection at Harpers Ferry”. New York: Robert M.De Witt, Publisher, 1859.

What was the order of the jailer to bring Brown into court?

The jailer was ordered to bring Brown into court. He found him in bed, from which he declared himself unable to rise. He was accordingly brought into court on a cot, which was set down within the bar. The prisoner laid most of the time with his eyes closed, and the counterpane drawn up close to his chin.

How many sons did Brown have?

Coffee says that 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.

When did the prisoners enter the courthouse?

October, 26, 1859. The prisoners were brought into court, accompanied by a body of armed men. They passed through the streets, and entered the Court House without the slightest demonstration on the part of the people. Brown looked something better, and his eye was not so much swollen.

Who represents the Commonwealth in the Grand Jury?

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.

Who said that Brown had always been ready to converse freely?

Mr. Cockerel , one of the guards of the jail, said that Brown had always been ready to converse freely. The Court refused to postpone the trial and the whole afternoon was occupied in obtaining a jury for the trial of Brown, who was brought into court on a cot.

Did Brown think his wounds were such as to affect his mind of recollection?

He did not think his wounds were such as to affect his mind of recollection. He had always conversed freely and intelligibly about this affair. He had heard him complain of debility, but not of hardness of hearing. Mr. Cockerel, one of the guards of the jail, said that Brown had always been ready to converse freely.

What was John Brown's goal?

The Radicalization of John Brown. Brown's efforts to secure racial justice were numerous and diverse. He promoted a school for blacks. He insisted that his two hired black employees be allowed to sit in his pew at his Congregational Church--an unprecedented demand that led to his expulsion from the church.

What happened to John Brown?

The arrest, trial, and execution of John Brown in the fall of 1859 came at a critical moment in United State history. According to historian David S. Reynolds in his recent biography, John Brown, Abolitionist: The Man Who Killed Slavery, Sparked the Civil War, and Seeded Civil Rights (2005), Brown's actions and statements following his failed attempt to begin a slave insurrection near Harper's Ferry, Virginia so polarized northern and southern opinion on the slavery issue as to ensure Abraham Lincoln's election and cause the Civil War to occur perhaps two decades earlier than it might have otherwise. Reynolds is quick to point out that not only was Brown "right" on slavery and other racial issues of his day, but that his conduct--in causing the Civil War to begin in 1861 rather than, say, 1881--potentially saved hundreds of thousands of lives that could have been lost in a war fought in a time of much greater population and more deadly weaponry and, at the same time, might well have spared an entire generation of African-Americans the humiliating experience of human bondage.

What was the purpose of the Kansas-Nebraska Act?

In 1854, the infamous Kansas-Nebraska Act opened the western territories to slavery. The next year, Brown followed three of his sons to Kansas, hoping to do whatever he could to prevent the state from falling into the slavery column. Both sides dug in for a titanic struggle on the slavery question.

What was the second driving force in Brown's life?

By age sixteen, the second driving force in Brown's life would be in place: He announced his acceptance of Christ in a small schoolhouse and declared his goal of committing the Bible's "entire contents" to memory. The next year, Brown would offer his first direct aid to a fugitive slave, hiding him in the family cabin.

How many children did John Brown have?

Over two decades, Brown fathered twenty children with two wives. His first wife died while giving birth to one of the twenty in 1832. Nine of the children succumbed to childhood diseases or accidents. Three sons died in Brown's private fight against slavery.

Where did Brown present the Constitution?

Brown presented his constitution to an antislavery convention of African-Americans in Chatham, Ontario in May 1858. The convention approved the constitution and elected several blacks to official positions in the provisional government. The convention itself was extraordinary.

When did John Brown start the Harper's Ferry?

Harper's Ferry. John Brown finally put his grand plan into action on July 3 , 1859, when he and three other men scouted the federal arsenal at Harper's Ferry, a town nestled on a peninsula amid the high banks that surrounded the confluence of the Shenandoah and Potomac rivers.

Overview

The trial

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 …

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 there and then, using the captured arms, lead a slave insurrection across 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 participating, Oliver an…

Reporting on the trial

Thanks to the recently-invented telegraph, Brown's trial was the first to be reported nationally. In attendance, among others, were a reporter from the New York Herald and another from The Daily Exchange of Baltimore, both of whom had been in Harpers Ferry since October 18; 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 th…

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 bef…

November 2–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 i…

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:
There is everywhere discernable here a vague dread of some fearful expressio…

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 S…