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Wishes to know if he will be put on trial in Kansas, since the time set for his treason trial is approaching, and he must return if a trial takes place. Conviction of another free state man, despite little evidence. Hears there is a warrant for him, and worries if he returns he may be unfairly convicted on new charges, so he may not come regardless. Promises that if there is a trial and he does not attend, he will send money to help Whitney.
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Show/hide Lindenville Ashtabula Co. Ohio Feby 5th 1857 T. S. Whitney Esqr Lawrence, Kansas My Dear Sir: As the time is approaching when if my trial comes on, I should again return to Kansas, I am anxious to know what the probabilities are of there being any trial. You in that Territory can form a pretty correct estimate of what is to be, by the tone of affairs these at present. I notice by the papers, that William Partridge who was charged with Conspiracy was tried, found guilty and sentenced to 10 years imprisonment, but has since made his escape. The same evidence which would convict him would convict ninety nine out of every hundred of the free state men who took any active part in affairs there during the past season. There is I was informed in the hands of the Marshall or Deputy a Warrant for me for Conspiracy and also one for Kidnapping. If those devilish Courts could convict Partridge, they could me, the question has therefore seriously arisen with me, whether I ought to return in the Spring to answer even the charge of Treason since I should by so doing, place my self in jeopardy of arrest on those other charges. But in any event you who were so kind as to procure my release shall not suffer. I have abundant assurances here that if necessary [2] the money shall be raised to make you whole in the event that it should be best that I should not return, and trial should be still demanded. So I trust you will give yourselves no uneasiness about the matter. The opinion of Lawyers here is that the Bail amounts to nothing except in name, since your title to Real Estate there is not perfected previous to purchase. I wish you would write me immediately what you think of the prospect of the trial coming on, and if it should, whither in view of the considerations I have mentioned, you would still wish me to return in the Spring. At whatever risk of danger it may be to me, if it is necessary [inserted: to your protection] I shall return. Please show this letter to Mr. Johnson. I have forgotten his name or I should have written to him also. I want his views on this matter too. It is here fully believed that those charges of Treason against us will never be prosecuted to ultimate trial. However you in Kansas can better judge than me. If it should, you my kind friends shall not be the loosers [sic] for I will either be there at the time, or raise the $1000 - to make you whole in case it should be best for me not [inserted: to] return. Will you write and give me your opinions and advice? Those trunks and boxes you sent have reached us in safety - We have suffered much with ague since we came home to Ohio but are now in middling health. I think from present appearances there will be a heavy emigration to Kansas in the Spring. Hoping that Peace and prosperity may attend you, I remain Very truly Yours, John Brown Jr.
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