John+Brown+Trial

The Trial of  ** John Brown **

In 1859, the militant abolitionist John Brown seized the U.S. arsenal at Harper's Ferry. He planned to end slavery by massacring slave owners and freeing their slaves. He captured the arsenal and waited for slaves to come to him for weapons but slaves either refused to come or were unaware of the events. = The Trial Simulation of John Brown = In real life John Brown was tried and executed. His execution divided the nation and was one of the leading causes of the civil war. We will be having our own **SIMULATION TRIAL** and although it is based on the events of John Browns life it actually has very little to do with the real trial. The two images of John Brown. One as hero the other as madman. Which is true???
 * History of John Brown **
 * On the night of May 24, 1856, John Brown and his company of Free State volunteers murdered five men settled along the Pottawatomie Creek in southeastern Kansas. All five men were decapitated execution style The victims were prominently associated with the pro-slavery Law and Order Party, but were not themselves slave owners. This assault occurred three days after Border Ruffians from Missouri burned and pillaged the anti-slavery haven of Lawrence, Kansas. **

We will be looking at two specific charges or things that the Prosecution will be trying to prove. A. The Sanity of John Brown – Was John Brown sane? If he was insane then he would be found not guilty by reason of insanity. B. The need for violence to end slavery. Was it necessary to resort to violence to end slavery? Was this the only way to end slavery? Could compromise have worked? = The Job of the Defense = The defense will try to prove that A. John Brown was sane and therefore his actions we examples of principles violence to end slavery. B. The only way to end slavery was with principled violence. The time for compromise was over. = The Job of the Prosecution = The prosecution will try to prove A. John Brown was insane and that his actions were the actions of a madman. B. Slavery could have been ended with compromise and violence was not needed.
 * OUR TRIAL OF JOHN BROWN**

It is important to note that this is a surreal trial, which means it is not really based on reality, a Court in 1859 would have never examined the morality of John Brown or the existence of slavery as a negative thing. In 1859 slavery was protected by law and practice. We are, however, using these criteria and this history simulation as a learning experience that I hope will help everyone better understand the causes of the civil war. I also hope that this will be a lively and fun activity that will get us thinking.
 * Surreal World **

= Characters = Prosecuting Attorney (3 Students) Defense Attorney (3 students) __ Witnesses for the Prosecution __ **Mahala Doyle**—Witness to the Pottawatomie massacre [|Mahala Doyle's eyewitness affidavit of Pottawatomie Massacre] [|Mahala Doyle's letter to John Brown in Jail] [|**Col. Robert E. Lee**]--Captured John Brown at Harper's Ferry __ Witnesses for the Defense __ [|John E.P. Daingerfield]—Clerk at Harper's Ferry arnsenal; John Brown's prisoner [|Henry David Thoreau]—a pacifist and abolitionist philosopher Bailiff Jurors (rest of class)
 * John Brown **
 * Judge Richard Parker **

Resources [|Civil War Trust John Brown Website] [|PBS People & Events Website] [|Digital History--John Brown: Hero or Terrorist?]

Greek philosopher Aristotle's 3 ways to persuade
 * Persuasion **


 * 1) **Ethos**=credibility; convincing through character (respected, knowledgeable, likable)
 * 2) **Pathos**=appealing to emotions; word choice showing vivid examples and details
 * 3) **Logos**=reasoning; make a claim and back it up with FACTS

//Logos is most important, ethical, and effective in persuading people to do things//

** Freedom Fighter or Terrorist??? ** ** John Brown on Trial **

Defendant—John Brown Prosecutor—History Count 1—Was John Brown sane? Count 2—Was violence necessary to end slavery? 1) Judge reads counts 2) Opening statement—Prosecution 3) Opening statement—Defense 4) Prosecution Witness—Lee* 5) Prosecution Witness—Doyle* 6) Defense Witness—Thoreau* 7) Defense Witness—Daingerfield* 8) Defense Witness—Brown* 9) Closing statement—Prosecution 10) Closing statement—Defense 11) Jury deliberates 12) Jury’s verdict -Attorney’s must plan their case: including examination and cross-examination questions; and opening and closing statements. Keep in mind the big questions. Was John Brown sane? If not, he would be found not guilty by reason of insanity. Can murder ever be justified? What are the limits of unjust laws? Was violence necessary to end slavery? -Witnesses must prepare to “play” the part of their person to the best of your ability. Read your person’s quote and think about what they think about John Brown. What would they have said at his trial? Be prepared to be examined and cross-examined by the attorney’s. -Jury should pay very close attention and take part in a backchannel chat throughout the proceedings. Which side made the better, more logical case? Remember you are only considering the 2 counts against John Brown. Was he sane and responsible for his actions? Was it necessary to use violence to end slavery? Ultimately, was John Brown a terrorist or freedom fighter? An essay will follow the verdict where you will have a chance to agree or disagree with the verdict. To get a good grade in the essay it is important that you support your opinion with examples from the trial, video, and/or discussions from class. The essay will be centered around the following two questions:
 * Each witness will be examined and cross-examined
 * 1) ** Are lives lost worth freedoms gained? **
 * 2) **Is it ever acceptable to break the law? If so, in what circumstances is it acceptable and why? If not, why not?**