John Brown

John Brown's Assignment Before Trial

I assign the role of John Brown to two students because there is a lot of research and preparation that goes into this job. I allow both students to take the stand together so they can help each other out since they are the accused and in a real court of law the accused does not have to take the stand, but for this mock trial I require that they do.

Here are all the tasks the two students must complete before trial:

1. They first need to start by understanding what happened at Harpers Ferry. Have them start by reading the Smithsonian summary and the other background resources. John Brown led the events, but did he murder? Did he actually incite a slave rebellion for which he was charged with? Did he commit treason? What did "his" men do at Harpers Ferry? Where was John Brown when shots rang out? The two students assigned to John Brown need to know all of these key details inside and out. If someone says they talked to John Brown (which some do) then the John Brown students better know that before taking the stand. I continuously emphasize to these students two things: You are on trial for your life, but you cannot lie on the stand. That is when I often get pleading looks because...well...it doesn't look good for John Brown, folks. I will say, I have never had a class find him guilty of all 3 charges though...so the hard work and research on the part of these two students pays off!

2. They also need to know who John Brown was. Prior to starting the mock trial in my class, I cover Bleeding Kansas so the students are somewhat familiar with John Brown. The two John Brown students need to go much deeper. They need to know his family history, his religious ideals, his political beliefs, his feelings on slavery, and so on.

3. Just like the other witnesses, the John Brown students need to create a Witness Statement that details exactly what they saw, what they did, etc. during the events of Harpers Ferry. You must stress that they can only testify on the facts of the case, meaning they cannot exaggerate, assume, guess, or lie on the stand. The Witness Statement will be very helpful for their lawyers, so make sure it is detailed and that the witnesses know it forwards and backwards.

4. Once the John Brown witnesses know their part in the bigger story of Harpers Ferry, have them create questions they think their lawyer and the other side will ask them on the stand. I have the witnesses on a team partner up and question each other. Once the lawyers are ready, have them team up with their assigned witness and review the Witness Statement and possible questions. Each lawyer-witness team should figure out the strengths and weaknesses of the witness's statement. What does the team want to emphasize on the stand? What do they want to avoid? How should the witness answer on cross-examination?

5. A few insider tips - Your John Brown students or the lawyers are bound to come across the idea of using an insanity plea while researching John Brown's trial. For the purpose of this mock trial, John Brown cannot plead insanity. Additionally, I have John Brown take the stand last. I also allow my students to dress up as him - long beard and all! I actually encourage all of the witnesses to dress in character, but if they choose not to, they must work court appropriate attire like the rest of the class.

Response to Guilty or Innocent Verdict

The John Brown students need to prepare two statements to read to the court - one if they are found guilty and one if they are found innocent. They should use John Brown's actual statement from court to guide their version.