Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1859-11-01
ALEXANDRIA,:
TUESDAY MORNING, NOVEMBER |, 1859.

TUESDAY MORNING, NOVEMBER l, 1859.
The TRIAL OF BRowN continued at Charles
town on Saturday last. Mr.. II. Griswold
of Cleveland, Ohio, and Mr.. S. Chiffon, of
Washington, appeared as additional counsel
for the defence, and will, with MIR. Hoyt OF
Boston, conduct the case for Brown. Mr..
Chiffon proposed delay-but the Court
stated that the trial must 90 on. Several pa
pers found in Browns possession were OBJ
iected to. as evidence, and were II once with
drawn by the Commonwealth Attorney
The examination Of the witnesses, Danger
field, Sunder, and Capt. Sim, was then gone
through with, and they detailed the facts as
already known to the public. A general
colloauy ensued between the prisoner, lying
on his cot, and Sunder, as to the part taken
bythe prisoner, in not unnecessarily exposing
his hostages to danger. No objection was
made to Browns asking these questions in
his own way, and interpreting verbal explain
atoms relative to his conduct. 1.-The witness
generally corroborated his own version OF the
circumstances attending the attack on the
engine house, but could not testify to all
the incidents that he enumerated he did not
hear Brown say that he surrendered. Wit
nesss wife and daughter were permitted to
visit him unmolested, and free verbal COM
munication was allowed with those outside;
the prisoners were treated kindly, but they
were compelled to stay where they did not
want to be; Brown appeared anxious to ef-
feet compromise" Capt. Sim desired to
state that he had returned at the summons
of the prisoner to testify in his behalf with
rs great alacrity as he had come to testify
against him. ..He had no sympathy for the
acts Of the prisoner or his moyement-on the
contrary he would be one of the first to bring
him to punishment. But he regarded Capt.
Brown as brave man, and being Informed
that he wanted him as witness, ne
had returned with pleasure. As Southern
man he came to state the facts about the
case az that Northern men would have no
opportunity Of saying that Southern men
were unwilling to appear as witnesses IN
behalf fone whose principles they abhorred."
The principal point maintained by the de-
fence, by the testimony of the witnesses, was
that Brown had treated his prisoners hui
namely. Mr.. Chiffon then submitted mo-
ton that the prosecution should be compelled
to elect one Of the counts of the indictment,
and abandon the others. This motion was
argued at length on both sides.
The Court said that the point might
perhaps be taken advantage OF to move an
arrest Of Judgment, but the jury had been
charged and had been sworn to try the pris-
oner Oh the indictment Is drawn. The
trial must 60 on, and counsel couid ai'ef-
wards move an arrest Of Judgment. As To
the other objection, the Court made tins an
swer: The very fact that one offence can ne
charged in different counts, varying the
language and circumstances, IS based up
on the idea that distinct offences may DC
charged in the same indictment. fris-
oners are to be tried on the various
counts as if there were various TRANSACTIONS.
There is no legal objection against charg-
ing various crimes III the same indictmeh''-
The practice has been to put party upon
election when the prisoner would he ehipar-
raised in his defence; but that IS not the lazy:
In this case these offences charged are all
mart of the same transaction, and no case IS
made out for the Court to interfere and put
the parties upon an election. Mr.. Chiffon
said he would reserve the motion as basis
for motion in arrest of Judgment.
Mr.. Griswold then made another effort Tor
delay-but the Court decided that the trial
must proceed.
Mr.. Harding then commenced the open
ing argument for the Commonwealth, and
spoke only for about forty minutes. lie re-
viewed the testimony as elected during the
examination, and dwelt for sometime on the
absurdity of the claim or expectation Of the
prisoner that he should have been treated
according to the rules Of honorable warfare.
He seemed to have lost sight Of the fact that
he was in command of band OF murdererS
and thieves, and had forfeited all title tc
protection of any kind.
The Court then adjourned at O'Clock. 10
meet again at 10 o'clock on Monday morn
ing. when Mr.. Chiffon would deliver the
opening speech for the prisoner.
The accounts OF the trial OF Brown, the
conspirator, show that in no case OF SINH
lar character was there eser more ieniency
shown to prisoner, or more latitude allow
ed to q man under accusation tor CRIMINAL
offence. We are glad that it is 50. we
want the prisoners to have fair trial. And
We want to see the State authorities, judicial
and executive perform their ar1ofe dufy' IN
such manner as 10 show that they VIII
only carry out what is the LAW, even under
the most aggravating circumstances.
The critics, French and English, are now
finding out that John Bunyan's Pilgrims
Progress, was copied from some old French
manuscript-or some other old book-which
works i. is more than probable that Bunyan
never heard of. These ingenious gentlemen