45. Life, Trial and Conviction, p. 95; see also letter of Judge Russell signed "T.," Boston Traveller, Nov. 5, 1859.

46. D. W. Voorhees, United States Senate, Jan. 7, 1889, to Miss Florence Hunter. - Original in possession of Miss Hunter, Charlestown, W. Va.

47. The entire proceedings of the Court of Examination and of the Circuit Court in the trial of Brown, with testimony, speeches and rulings, are best reported in the New York Herald. The story of the trial here given has been drawn from the pamphlet Life, Trial and Execution of Captain John Brown, New York, 1859, and from a careful comparison of the accounts of the Tribune, Herald, Liberator and other contemporary papers, Northern and Southern, after an examination of the official minutes of the trial, at Charlestown. Gen. Marcus J. Wright's two magazine articles, The Trial of John Brown, its Impartiality and Decorum Vindicated, Southern Historical Society Papers, vol. 16, 357-366, and The Trial and Execution of John Brown, American Historical Association Papers, vol. 4, pp. 437-452, have also been examined.

48. Charles James Faulkner to M. W. Cluskey, Boydville, Nov. 5, 1859, quoted from Washington States and Union, by Richmond Enquirer, Nov. 25, 1859.

49. Lawson Botts was a son of Gen. Thomas H. Botts, of Virginia, grandson of Benjamin Botts, counsel for Aaron Burr, and was, on his mother's side, of the family of General Washington. In the Confederate army he was quickly promoted for distinguished gallantry, and held the rank of Colonel of the Second Virginia Regiment, when mortally wounded on the field, Aug. 28, 1862. Thomas C. Green served as a private in his friend's command. After the war he returned to his profession, was appointed to the bench in 1875, and served as judge in the West Virginia Supreme Court of Appeals until 1889, in which year he died.

50. For the above quotation and account of the despatch of Hoyt to Charlestown, see Hinton's John Brown and His Men, pp. 365–366.

51. Andrew Hunter to Governor Wise, Calendar of Virginia State Papers, vol. II, p. 87.

52. Hinton, p. 366.

53. Letter of Andrew Hunter to Henry A. Wise, Charlestown, Nov. 8, 1859. — Original in the possession of Mr. Edwin Tatham. A man of fine natural parts and of a classical training, Charles Harding was now a physical wreck. At the outbreak of the war, however, he shouldered a musket and, despite his years, went into the Confederate ranks, serving with devotion. Left unrelieved on outpost guard all one stormy winter night, by oversight, he died the next day from pneumonia.

54. Statement of Mr. Cleon Moore, Charlestown, April 15, 1909, to K. Mayo. 55. Letter of D. W. Voorhees to Miss Florence Hunter, Jan. 7, 1889. Andrew Hunter was born in Berkeley County, Virginia, March 22, 1804, graduated at Hampden-Sidney College in 1822, and soon began the practice of law in Harper's Ferry, removing to Charlestown in 1825. He served in the Legislature of Virginia before and during the Civil War. His Charlestown home was destroyed by his cousin, Gen. David Hunter, of the Union Army, in 1864. He died in Charlestown, November, 22, 1888.

56. Andrew Hunter to Gov. Wise, Charlestown, Oct. 22. —Original in Executive Papers, Department of Archives and History, Richmond, Va.

57. N. Y. Herald, October 28, 1859.

58. Order Book No. 12, p. 428, Court Records of Jefferson County, Charlestown, W. Va.

59. N. Y. Herald, October 26, 1859.

: 60. Ibid.

61. For the arrest of Cook, see circumstantial letters dated Chambersburg, Pa., Oct. 26 and Oct. 29, in the N. Y. Tribune of Oct. 29 and Nov. 4, 1859.

62. Life, Trial and Execution, pp. 59-61; N. Y. Herald, Oct. 30, 1859.

63. N. Y. Tribune, Oct. 28, 1859.

64. N. Y. Herald, Oct. 27, 1859.

65. Common Law Orders No. 6, p. 281, Court Records of Jefferson County. 66. N. Y. Herald, Oct. 28, 1859; Life, Trial and Execution, p. 68.

67. N. Y. Tribune, Nov. 5, 1859.

68. Common Law Orders No. 6, p. 283, Court Records of Jefferson County. 69. Redpath's John Brown, p. 325.

70. N. Y. Herald, Oct. 29, 1859.

71. N. Y. Herald, Nov. 1, 1859; see also Richmond Despatch, Nov. 1, 1859. 72. N. Y. Tribune, Oct. 29, 1859.

73. Letter of Wendell Phillips to T. W. Higginson, Oct. 26, 1859, — original in Higginson Collection; of George Sennott to Thaddeus Hyatt, Boston, Dec. 31, 1859, original in possession of Dr. Thaddeus Hyatt, Brooklyn, N. Y.; testimony of John A. Andrew and of Samuel Chilton, Mason Report, pp. 186188 and 137-140; Washington Star, Nov. 2, 1859. On Nov. 2, Samuel E. Sewall, Dr. Howe, Ralph Waldo Emerson and T. W. Higginson sent out a printed circular appealing for contributions for the defence of Brown and his companions, and offering to act as a committee to receive and apply them. Originals of the circular are preserved in the McKim and the Higginson Collections.

74. Brown's letters to Judges Tilden and Russell were identical. The first will be found in the N. Y. Tribune, Oct. 29. The original of the second is in the Kansas Historical Society. Judge Tilden's reply, dated Cleveland, Oct. 27, stating that he was himself unable to serve, but that he was sending Messrs. Griswold and [Albert Gallatin] Riddle, is in the possession of Miss Brown. Mr. Riddle decided, however, because of reluctance to appear with Griswold, not to undertake the case. For this in after years he expressed lasting regret. See Personal Recollections of War Times, by Albert Gallatin Riddle, New York, 1895, p. 3.

75. N. Y. Herald, Nov. 21, 1859. William Green, of Richmond, a distinguished member of the Virginia bar, was employed to assist Mr. Chilton in presenting Brown's case to the Court of Appeals. Mr. Green's copy of the brief to the Court of Appeals, with his manuscript summary, in his own hand, of the finding of the full bench, is in possession of Miss Sarah Brown.

76. Letter of Andrew Hunter, Charlestown, Oct. 25, 1859, to Gov. Wise, Calendar of Virginia State Papers, vol. II, p. 87.

77. 'John Brown's Raid,' by Andrew Hunter, New Orleans Times-Democrat, Sept. 5, 1887.

78. Letter of George H. Hoyt, Charlestown, Oct. 30, 1859, to J. W. Le Barnes. - Original in Hinton Papers, Kansas Historical Society.

79. Letter of John Brown to his brother Jeremiah, Charlestown, Nov. 12, 1859, The John Brown Invasion, Boston, 1860, p. 49.

80. In St. Louis Globe-Democrat, April 8, 1888.

81. "His brief speech at Gettysburg will not easily be surpassed by words on any recorded occasion. This and one other American speech, that of John Brown to the court that tried him, and a part of Kossuth's speech at Birmingham, can only be compared with each other, and with no fourth," said Ralph Waldo Emerson, at the funeral services for Abraham Lincoln, held in Concord, April 19, 1865.

"I'm so sorry not to exult with you with joy unutterable over Brown's perfect words. Has anything like it been said in this land or age, so brave, wise, considerate

all round. Slavery & Freedom brought face to face standing opposite; the one all one black wrong, the other white as an angel," wrote W. H. Furness to J. M. McKim, Nov. 3, 1859. — Original in J. M. McKim Papers, Cornell University Library.

82. N. Y. Herald, Nov. 3, 1859.

83. Judge Parker in the St. Louis Globe-Democrat, April 8, 1888. "Sentence was pronounced and was received in perfect silence, except a slight demonstration of applause from one excited man, whom the Judge instantly ordered into custody. It illustrates the character jof the people, that several officials and members of the bar hastened to inform us that this man was not a citizen of the county.' - Letter of Judge Thomas Russell, from Charlestown, in Boston Traveller, Nov. 5, 1859.

84. Doc. No. XXXI, of the Virginia General Assembly,'January 26, 1860.

85. Quoted in the Liberator, Nov. 11, 1859.

86. Quoted in the Liberator, Nov. 18, 1859.

87. Quoted in the Liberator, Nov. 4, 1859.

88. Liberator, Oct. 28, 1859.

89. Berryville, Va., Clarke Journal, Nov. 11, 1859.

90. Quoted in the National Anti-Slavery Standard, Nov. 26, 1859.

91. Original in Dreer Collection.

92. Original in Dreer Collection.

93. Original in the Massachusetts Historical Society. Among those who wrote to Gov. Wise in behalf of clemency was a certain Ellwood Fisher, who feared that if the "obscure whites and negroes" in captivity after Brown's death were hanged, it would be a waiver by Virginia of her "imputations" against the real offenders, the anti-slavery and Black Republican party of the North. — Richmond, Dec. 14, 1859.- Original in Department of Archives and History, Richmond.

94. Document No. 1, Dec. 1859, Journal of the House of Delegates.

95. N. Y. Herald, Oct. 28, 1859; Life, Trial and Execution, p. 64.

96. N. Y. Herald, Oct. 28, 1859.

97. Original in the possession of Mr. Edwin Tatham.

98. See the Governor's autograph endorsement on the above.

99. Original in the possession of Mr. Edwin Tatham.

100. "Blair thinks a demonstration of Brown's insanity might please Wise. He says he has seen something in the Richmond Enquirer - probably the st. [statement] he exhibited to Andrew — which looks like an invitation." Hoyt to Le Barnes, Washington, Nov. 14, 1859. — Original in Kansas Historical Society. "Mr. Hoyt . . . is now in the city for the purpose of getting affidavits of the acquaintances of Brown as to his sanity. A large number of affidavits have been prepared at Akron, Hudson, Cleveland, etc., and they are made by men of the first respectability, who have known Brown for many years intimately; there is no difference of opinion among them as to the monomania of Brown upon the subject of slavery." Cleveland(Daily) Leader, Nov. 18, 1859. The originals of all the affidavits are in the possession of Mr. Edwin Tatham. Hoyt submitted the affidavits, accompanied by a letter to Gov. Wise written in Chilton's name. For this letter, see Liberator, Dec. 2, 1859; for a letter by Chilton, denying any hand in the matter and stating his position concerning it, see National Intelligencer, Dec. 13, 1859.

101. New York Semi-Weekly Tribune, May 27, 1884.

CHAPTER XIV

BY MAN SHALL HIS BLOOD BE SHED

1. T. W. Higginson, Cheerful Yesterdays, pp. 147–159.

2. Letter of J. W. Le Barnes to R. J. Hinton. See Hinton's John Brown and His Men, p. 366. Hoyt's original sketch of the jail, showing arrangement of cells and stations of guards, as drawn for and remitted to the New England confederates, is now in the Hinton Papers, Kansas Historical Society.

3. S. C. Pomeroy in the Christian Cynosure, March 31, 1887.

4. Statement of Mrs. Russell, Jamaica Plain, Mass., Jan. 11, 1908, to K Mayo.

5. Letter of T. W. Higginson, Worcester, Nov. 4, 1859, to the family of John Brown at North Elba.—Original in possession of Miss Brown.

6. Ibid.

7. Original in Hinton Papers, Kansas Historical Society; see also letter of George H. Hoyt, undated, to "Mr. Tomlinson."-Original in J. M. McKim Papers, Cornell University Library.

8. Cheerful Yesterdays, pp. 226–228.

9. J. M. McKim, Philadelphia, Nov. 8, 1859, to T. W. Higginson.-Original in Higginson Collection, Boston Public Library. J. M. McKim's correspondence relating to Mrs. Brown's movements during the month of November is preserved in the Cornell University Library; see also Life and Letters of Peter and Susan Lesley, edited by Mary Lesley Ames, New York, 1909, pp. 377-380.

10. Telegram of George Sennott, received in Worcester, Nov. 5, to T. W. Higginson. -Original in Higginson Collection.

11. J. M. McKim to T. W. Higginson, Nov. 8, 1859,-original in Higginson Collection; see also letter of T. W. Higginson to J. M. McKim, Worcester, Nov. 5, 1859,- original in Cornell University Library.

12. Copied in letter of S. G. Howe to T. W. Higginson, Nov. 9, 1859, —original in Higginson Collection; letter of T. W. Higginson to J. M. McKim, Worcester, Nov. 10, 1859, — original in Cornell University Library.

13. Life of G. L. Stearns, by F. P. Stearns, p. 187.

14. Reminiscences of James Hanway, Topeka Commonwealth, Jan. 31, 1878. This is erroneous as to dates, but is otherwise vouched for by R. J. Hinton, who engineered the Kansas effort to rescue Stevens and Hazlett. S. C. Adair, nephew of John Brown, confirms the story concerning Mary Partridge, in his statement of Oct. 2, 1908, to the author.

15. Memorandum of T. W. Higginson attached to Le Barnes's letter of Nov. 15, 1859, to Higginson. — Original in Higginson Collection.

16. Cheerful Yesterdays, p. 166.

17. Le Barnes to T. W. Higginson, Nov. 14 and 15, 1859. — Original in Higginson Collection.

18. Cheerful Yesterdays, p. 165.

19. Lysander Spooner to T. W. Higginson, Nov. 20, 1859.—Original in Higginson Collection.

20. Le Barnes to Higginson, Nov. 22, 1859.—Original in Higginson Collection.

21. Ibid. 22. Ibid.

23. Ibid.

24. Le Barnes, Nov. 27, from New York, to Higginson.-Original in Higginson Collection.

25. Ibid.

26. Ibid.

27. Ibid.

28. Sanborn to Higginson, Nov. 28, 1859.-Original in Higginson Collection.

29. Message of Wise to Legislature of Virginia, Dec. 5, 1859.

30. The character of these letters is well summarized in the report of the Joint Committee of the Legislature of Virginia, Jan. 26, 1860. Many of them have been reprinted in the Richmond Times of Dec. 22, 1901, and in the Virginia Magazine of History and Biography, April, 1902, to July, 1903. Those cited here are to be found therein, save the one from Lewisburg, which is in the possession of Braxton Davenport Gibson, of Charlestown, West Virginia.

31. Webb Scrap-Book, vol. 17, p. 157, Kansas Historical Society; see also N. Y. Herald, Dec. 4 and 17, 1859.

32. Richmond Despatch, Nov. 24, 1859.

33. See 'John Brown's Raid,' by Andrew Hunter, New Orleans Times-Democrat, Sept. 5, 1887.

34. See Document Y, pp. 31-38.

35. Original in possession of Mr. Edwin Tatham.

36. Richmond Enquirer, Nov. 21 and 25, 1859.

37. Richmond Despatch, Nov. 15, 1859. For Hoyt's own account of his expulsion, see his letter to the N. Y. Tribune of Nov. 17, 1859. Sennott, however, in a letter signed as "Counsel for Brown and A. D. Stevens," in the Philadelphia Press of Nov. 16, 1859, denied that Brown's counsel was advised to leave Charlestown. 38. Statement of Cleon Moore, a member of the Charlestown militia company, Charlestown, March 20, 1908, to the author.

39. Ibid., and Charlestown despatch in Baltimore American of Nov. 22, 1859. 40. Printed in the Proceedings of the Massachusetts Historical Society, May, 1907.

41. Harper's Ferry, Nov. 19, 1859.—Originals of both in Mr. Edwin Tatham's collection.

42. Document Y, pp. 41-50.

43. 'John Brown's Raid,' by Andrew Hunter, New Orleans Times-Democrat, Sept. 5, 1887.

44. Gov. Wise's copy of original order of Nov. 24, 1859, in Department of Archives and History, Richmond.

45. Document No. 1, p. 51.

46. Ibid., pp. 52–60.

47. Document Y, p. 62.

48. Mr. Hunter, in New Orleans Times-Democrat, Sept. 5, 1887.

49. Document Y, p. 62.

50. See, for example, quotation from Charlestown Spirit of Jefferson, in Richmond Enquirer of Dec. 13, 1859, and the Enquirer's editorial of that date; Baltimore Exchange of Dec. 9; also Life of Henry A. Wise, by Barton H. Wise, p. 255. Later, in a speech at the State Whig Convention of 1860, John Minor Botts ridiculed Gov. Wise and his "men in buckram," calling him the "unepauletted hero of the Osawatomie war." "Whatever John Brown left undone against the peace and prosperity of Virginia," declared Mr. Botts, "has been most effectually carried out by his executor, the late Governor of Virginia." From Four Years Under Marse Robert, by Major Robert Stiles, New York, 1904, p. 32.