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by the other two men: witness’ brother was al-1 ’wed to remain at home, he having given his word of honor that In* would communicate to no one that day what had transspired: when the other men asked if ;hc man could he relied on,Cook replied: ‘‘Yes, his word is his bmd.”— xViine«s then had a conversation with Cook: he h i i known him somctin’.e, and v as surprisd to see him rop'nvtr 1 wi:ii a i_v m c:i pvoaee -ings. he asked C mk what was the n eu i g f sue! pr eecdings. wl en Cook replied ti at tl;c\ in t oi to free the slaves, that tl o itad selected Harper’s Ferry as the central point on account of its impregnable position when once in their hands; they had now possession of the United States armory, the bridge, telegraph, and would soon have p ssession of the canal: lie then i dd witness if he would give him up the male negroes. In* would guaratcc protection to his personal property, which the witness declined to accede to. W hen witness became acquainted with Cook, some eight or ten months ago, he understood that he was living at the locks, on the canal, on the Maryland side, and had charge of the lock*; doe-* not know it fur a fact; does not know where lie lived after that.TESTIMONY OK JAMES IlYRNK.•Tames Byrne, sworn—Was. returning from his stable on the morning of the invasion, when he observed Cook and his party in the mad, s me distance off : did not recognize Cook at the time; supposed it to he a party of surveyors, as his brother was supervisor and had made arrangements for having s une surveying done; witness went in and told his sister tiicrc would he company for breakfast, after which ho went out to see the men: he shook hands with Cook, and asked him and his companions in; after they had been seated some time, Cook asked f r his negro men: witness then supposed that his negroes had been guil'v of some offence, and that Cook had been spec ally deputized to come after them; on further enquiry the object of the party was* discovered, and he was informed that he was their prisoner; witness knew resistance would he useless, so he determined to make himself as c, mf irtablo as possible under the circumstances; he told Cook that none of the negro men were at home, they having gone to their wives on Saturday night, and would not heat home until late in the morning: they then told witness to prepare to go with them, hut on his pleading siokmjss, ami at the earnest entreaties of his sister and her friends, he was permitted to stay at home, having given his pledge that he would not go away 1 beautifultold him that he had hotter not make any statement in regard to the affair then, for the witness would he called on to testify before the court: witness told the prisoner that he had better make a confession stating all he know about the matter; he thought it would he the hqst thing for himself, and it was due the family: Couic coincided with him, ami henee the confession: witness again repeated that the prisoner was considered kind hearted and li -nest by all who know him.A US l' ME NT OK TIIR 1‘ASE.Tnc testimony for the defence was hero announced as having been closed, and the prosecuting attorney, Harding, proposed the case he submitted to the jury With, ut argument.Mr. Hunter stated that Ire was perfectly willing, so far its he was concerned, to hand the case over to the jury without argument, hut lie was free to say that he would never agree if he was counsel for the defence in a murder case, to submit it without argument.Mr. Green, one of the counsel for the defence, announced that the ease would he argued, as that was the wish of the prisoner.0. B. Harding. Commonwealth Attorney, then opened the case, and spoke for more than an hour,PLEA rOR THE PRISON Eft.Ilon. I). NY. Voorhees, U. States District Attorney for the State of Indiana, followed Mr. Harding, and spoke for an hour and a half.— Mr. V. is a young man, not over 35. ami is one of the most prominent men in Indiana. His appeal on this occasion was one. of the m-st powerful ever made in the Circuit Court of this county-. He stated in the outset of his remarks, that he did not appear here for the purpose of placing obstacles in the way of a just and impartial administration of tlie law. hut lie had e nne to plead mercy. He felt that he had a right to come before th s jury ami plead for the prisoner at the bar. He came from one of the four great N irth-we-torn .Stales which Virgin a had ceded to the General Government, and he did not consider himself a stranger to them.— His reference to the presence of Governor Willard, and the gloom the affair had east over his household, was t- uohing and produced a profound silence. Few eyes were left dry, and men who had not wept for years wore compelled to wipe the tear from their eyes. The prisoner we.pt bitterly, as also did Gov. Willard. The picture of- mercy, as drawn by the eloquent gentleman, was both truthful andfrom home that day or divulge what had trans-pi-red.The remainder of the testimony of this witness referred to a conversation had with Cook, which was in substance the same as given by his brother.TESTIMONY OK LINN CURRY.Linn Curry sw rn—Witness resides in .Toffy rs on county. Ya.; hut teaches school in Wash-ington county. Md.. about half a mile Irom liar-per's. Ferry, and on the road from the la terplace to the Kennedy farm: left home on Monday morning to g- to his school; when he reached the crossing at the Potomac river, lie heard of the excitement at Harper’s Ferry, and also that iiis school-lmm-e was held by Captain C mk and a party under his command. Witness went on to the school-house, and was met by Go. k. who told him he was his prisoner; witness saw two white men besides Cook: saw the party uu-liideod. if he was obliged to elmosc betweendeath and a life in prison, he would bo 1 mg inmaking a choice. But there was somethingindescribably horrible in the gibbet. lie didnot think that any jury could look on the faceof that blue-evcd. lair-haired bov, and sav he» • %/was equally guilty with Brown in this greatI crime against the Commonwealth of Virginia.If he was any judge of I he human eh ill'JlCt 01*,as traced in the expression and countenance,ho would sav that this wayward hoy is no muv-• • *j derer at heart. He was incapable of die act.He had met Brown in Kansas, and listening to ' flattering reports, had in an evil hour joined in the affair which would blast him fuever, even: though his life he spar'd. He thought the.| jury e, mid lie just to the Comm mwoalth, and yet show mercy to the prisoner, by recommending him to the favorable consideration * t the FiXe’eutivo. Grant-this boon and you will not ]■ mrting »i wagon :iml placing the Inxel* in the regret it,, but will rather bless the day 8Clioo!-houslt;\ t j the number of at least t\v«» ' .Vou pcWurmcd your duty, and yet showeddozen; C.mk did not alt;k permission to use mercy.the house, but took forcible possession of it about 10 o’clock witness asked Cook’s permission to take home a lit'.ie child of a friend of his, which was granted, and lie returned in the course of an hour: witness was then confined until about an le nr of sunset, when he was allowed to go: during the day had a conversationwith Cook: he was informed that they had ta-•»ken possession of Harper's Ferry, and hail the armory, bridge, telegraph, and would also during thft day have p s-cssion of all Charlestown: wkness asked him how many men were engaged in the affair, when lie replied that In* did not know, probably there were 5.000, and probably 10.000. and that they had the sympathy of al'in st tiir entire laboring class; witness•* Oheard Cook remark to a negro, whilst the firing was going on. and at the sound of every gun. “There, that’s another one of yinir jipjmmssqrsW*--N.V I « JU VV ~ nWo-wvA io ,MI C01\ditinn that he would not speak of it until theaffair had been decided: he had known Cookabout six months; met him at the h««u«c of afriend in Maryland: never met him in Virginia.The father-in-law of Cook. Mr. Kennedy.was then sworn, but his testimony did not*amount to anything, lie stated that Cook hadThe speaker was listened to throughout hisa hire s with the most profound attention, andthe effect on the crowd was verv great. Men• * •who had goiv inti f he emut-room, strongly prejudiced against Cook, now favored commutation of the prisoner.Mr. Butts then closed for the defence, ami made an able argument, stating that he was not paid for his services, nor would lie consent to receive pay. He regarded it as his duty t appear and defend to the best of his ability the prisoner at the liar. Mr. Green did not speak in the case, nor did Air. McDonald, the Attorney General of Indiana, who was engaged in the case.SI’EECH OK ANDREW HUNTER.The case was now closed with an argument for the prosecution by Andrew Hunter, 10sq., wiio stated in the outset of his remarks that as thfe Commonwealth had tailed to establish thecharge of treason, he would abandon that, thefirst count in the indictment. Mr. 11. sp keonly for ah ait three quarters of an hour, hutwith power. Whilst, he admired the effort ofcounsel for the defence, and sympathized withthe distressed friends *f the pris mer, his duly,as prosecutor in this case, rendered it necessaryordered him from his own house shortly after j that he should deal with the prisoner at the bar having married his daughter. The witness did without reference to. anything like sympathy, not speak in a flattering very manner of Cook. He closed by charging the jury that if they and intimated pretty strongly that he would | had a reasonable doubt of the innocence «*f the not object to seeing him hung. i prisoner, it was their duty to give him the bcne-Dr. Starry, Colonel Barbour and I. F. Beall : lit of it, and charged them, as sworn administra-wcrc then called to testify, but their testimo- I tor of the law, that they be not influenced bynv did not throw any additional light on the* • oease..The Commonwealth then announced thatthey had finished their side of the testimony. •/ *and an adjournment was had for dinner.TESTIMONY FOR THE DEFENCE.The testimony fur the prosecution havingoutside considerationCASE (IIYEN TO TIIF. JURY..The ease was then given to the jury, at 8o’clock, and they retired to tiicir room. During• * »their absence the surmises wore various as to what would he the result of their vculiet.— Some argued tlkit the prisoner would he foundbeen closed before dinner, the testimony for the ! guilty and recommended to mercy, whilst others defence was commenced on the reassembling of argued that as the charge of treason had been the Court. The first evidence offered was an 1 affidavit from Mrs. Almira L. Steptoe, of thiscounty, .who testifies that several years ago she spent the winter in Philadelphia, and stopped at Congress Hall Hotel; that John K. Cook, the prisoner at the bar, was at that time engaged m the Hotel, and in that manner she became well acquainted with him; she regarded him as a good hearted young man, and was always remarkably polite and attentive in the discharge of his duties, and by his many acts of kindness endeared himself to her atid the'remainder of the lady hoarders; she had noticed him frequently playing with tin* children and frequently male them presents of cakes and candy: she had visited the prisoner in the jail and recognized him as ihc young man engaged at Congress Hail.The next testimony offered was an affidavit of Miss Liiey Thompson, a gran 1 daughter of Mrs.Steptoe, who was also stopping at the hotel at the same time. She corroborated the testimony of Mrs. Steptoe. and mentions n number of acts of kindness extended to her by Cook; he went out to obtain the services of a card writer to ene-ravc cards for her grand-daughter; andO • - *Cook took up a enrd and wrote his address on it, which he handed to witness, and which is retained by her: she states the children were all very fond of him. and lie was a general favorite.A statement was then read from Hon. John N. Stearns, of Brooklyn, New York, which had been sworn to before a •Justice of the. Peace, stating that Cook had resided in his family for a rear in the capacity of a law-studcnt. and that his deportment has always been remarkably correct, whilst he evinced a disposition to vVo . 1 wander; yet was always prompt to obey any instruction given; he was satisfied that Cook did not contemplate anything like treason, and that jabandoned, the jury would not recommend him to mercy, as the Governor could c nnniuto the sentence to imprisonment for a number of years without the recommendation. At 0 o’clock it was announced that the jury had agreed on their verdict, and they were brought in and seated. The most breathless silence now prevailed. and theclerk proceeded to call the jury, all answering to their names. The clerk then said, “Gentlemen of the jury, look upon the prisoner: Is he.guilty of the offence with which lie stands charged, or is he not? What say you?” The foreman replied ‘•guilty.” The verdict- was then read, which is a follows:“We, the jury, find the prisoner, .John E. Cook, not guilty of treason, as charged in the first count, hut guilty of murder and conspiring with slaves to rebel, as charged in the second and third counts.Charles T. Butler, Fore man. 7Mr. Yorhoos then stated that he had a motion to make, hut would defer ir until to-morrow, if agreeable to the Court. The Court slated that he would hear the motion to-morrow.The verdict is in accordance with the public sentiment, although a strong feeling of sympathy has been enlisted in the prisoner’s behalf during the last few days. It is now sup rinsed that strong efforts will he made by the influential friends of Cook to have him pardoned by Gov. Wise, or his punishment commuted to imprisonment for a number of years.The term of the Circuit Court expired tonight, hut the Judge announced that In* would sit to-morrow to hear the motion on behalf ofthe prisoner. Sentence, it is suppo.se 1. will he passed in the morning on the prisoners nowhis conduct was rather the impulse of the moment than a deep laid scheme of outlawry. TIC? statement was made, not for the purpose of interposing any obstacle to the vindication of the law, but as an act of justice to a young man, in whose good intentions he had the utmost confidence.TESTIMONY OF GOV. WILLARD.Gov. Willard of Indiana was then sworn— He stated that lie became acquainted with the prisoner in the year 1847, when lie married Cook’s siste •; Cook was then a mere youth, and was regarded by his family and friends as kind hearted and generous; after that saw nothing of him for two years, when ho met him in Philadelphia, where he was engaged in Congress Hall. He returned to his family after an absence of three years, and engaged in the store of his brother-in-law, Mr. Crowley; he remained there a short time, after which he went into the law office of Mr. Stearns, in 1854; witness had not seen him since that time, until he saw him in prison here; Cook had been absent for some time, when a brother went to Kansas in search of him, but did not succeed; when witness saw the name of Cook mentioned in connection with the Harper’s Ferry invasion, he did not know whether it was his brother-in-law or not, but determined to make a visit here and ascertain; when he arrived he met with Senator Mason; who was a friend of his, who accompanied him to the jail; when he entered Cook commenced a conversation, detailing his connection with the affair; witness thenTHE CASE OF STEVENS.The Attorney for the Commonwealth still demands that the prisoner Stevens he tried at this court, and declares his intention of resigning if it is not done. The prisoner was handed over to the United States Marshal, who will refuse to surrender him if demanded.SENTENCE OF ALL THE PRISONERS.Chari.etown, Oct. 10.—The Court refused the motion for an arrest of judgment in tin* ease of Cook, and he was brought forward with Coppce, and the negroes Copeland and Green, for sentence. ThCv were all sentenced to he hung on Friday, the Kith day of December.— Cant.. Brown had been previously sentenced to he hung on the 2d of December, hut it D thought that the Governor will respite him until the Kith, and hang them all together. The Court then adjourned for the term.The Baltimore and Potomac Railroad.— The directors of the Baltimore and Potomac Railroad are still confident of the success of the projected work, and arc making every exertion to forward its commencement. A meeting in aid of the road is to be held at Port Tobacco on the 17th instant.The Supposed Insurgent.—W. R. Palmer, who was arrested in Memphis, Tcnn., as an accomplice of Brown, was placed in jail on the 8th inst.. and was surrendered to a requisition of Gov. Wise, which will bring him to Virginia. lie went to Memphis in July last, and lias been there ever since.A •
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Richmond Virginia Index
Richmond, Virginia, US
Tue, Nov 15, 1859
Page 3
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VA, USA 15 Mar 2023
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