Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-10-28

coedings of The Court The Court finally re-,
fused to postpone The trial, and the whole
afternoon was occupied 10 obtaining q jury.
Brown occupied a cot on which ne Was CAR
ried into the Court room. The tsial win bo
resumed this morning when counsel for
Brown n expected irom Ohio W
SEC0Np DISPATCH.
CnAnLEsToS, Oct ~.
Brown was brought into Coort ibis morn,
Ing being abia to walk, but DO Immediately
laid himself down on his cot at full length
within the bar. Ho looked considerable
better, the swelling having lelt bis eyes
senator Mason q among tho spcctntofs.---
Mesars. Harding and lInuter represent the
Commonweal,li pud Hoiis and tiroen tho
prisoner.
M Bo,ts read the following dispatch re-
coitcd this morning
sAsRoS Quo, Oct %, 1859.
7. J. Faulkner and l.. Botts, Charleston.
Va---.iohn Brown, leader Of the insurreo =
ton at Harpers Ferry, and several of his
family have resided IN this county for mas
ny cara Insanity Is hereditary in that
family. Ills mothers sister died with il,
aud daughter Of that sister has been con-
fiued in tho LunAtic Asylum. A son and
daughter Of his mothers brother have also
been coaRRed In the Lunatio Asylum, and
another sOn Of thss brother is now insane
and under close restraint These facts can
be conolusively proven by witnesses resid e
ing here who will doubtless attend the tri-
nj ii desired.
(Signed) Ali. LEWIS.
The telegraph operator at the Akron Of
hce VIM G, Allen, adds to The above dis
patch that A. H. LOWS is a resident of that
place, and bis statements are entitled 20 im.
lplicit credit
Mr.. Bolts said that on receiving the
above dispatch he went 70 the Jail with his
associate, Mr. Green, and read il 90 Brown
and he wus desired by the latter to say
that in his fathers family there has never
been any insanity at all. On his mothers
side there has boen repeated instances Of it
lie adds that his 6rst wife showed symp,
toms of il, which was also evident in his
first and second sons by that wife. Some
Iportions Of the statements he knows to bC
correct. OF other PORTIONS no is ignorant =
He does not know whether his mothers sis
ter died in the luna.ic asylum, but he doe'
believe daughter Of that sister has beer
two years in an asylum, and thinks son anC
daughter Of his mothers brother have beer
confined in the asylum, but he was no
aware of the fact that another son of tina
brother is now insane and in close contne
ment
Brown also desires his counsel TO say tina
he does not put in the plea of insanity anC
II he has ever been at all insane he is total
ly Unconscious OF it, yet he adds that thosI
who are most insane generally suppose tina
they have more reason and sanity than thos
around them, for himsslf he disdains to pu
in that plea, and seeks no immunity Of tha
kind. This movem ent is made totally with
out his appreciation or concurrence, ant
was unknown to him until the receipt of tn
above dispatch. Brown here raised himsel
up in his bed and said:-T will add, if tn
Court will allow me, that look upon it a
a miserable artilce and pretext of thos
who ought to take a different course in re
! gard to me, if they took any at all, and
view il with contempt more than otherwise
As remarked to Mr.. Green, insane person
so far as my experience goes, have but yer,
, little ability to judge Of their own sanity
and If | am insane, OF course | should thin
I know moro than all the rest Of the world
but do net think so, | am perfectly uncor
oious of insanity and reject so far as
am capable, any attempt to interfere in IN
:, behalf on that score"
Mr.. Botts stated that he was further ia
structed ly Brown to reject this plea, er
tirely, and seek no delay; for that reason b
> does repeat to the court his request mad
yesterday, that time be given for the arrivi
of foreiVn counsel which he has now reaso
TO expect Yesterday afternoon dispctc
g was received from Cleveland, Ohio, signe
Daniel Tilden, dated Goth inst. asking (
Brown whether it would be Of any use f
counsel to leave. Last night, to this d
, patch an answer was returned that the inr
would be sworn this morning, and Brow
desired the counsel to come at once. Th
telegraph operator stated that this dispatc
would be sent of at once in advance Of til
dispatches sent by the reporters, and he hs
learned this morning that it was sent bt
fore the storm that last night interrupte
communication, 80 that the consul ought
reach here by l2 or | o'clock tonight
The course taken by Brown this morI
> ing makes it evident that he sought no pos
poncment for the purpose Of delay, as he r
lects the plea of insanity STILL in his opi
Is lon, he can haye fairer trial il the deien
were conducted by his own counsel, than
1t were defended by the counsel at presel
here.
, Mr.. Hunter observed that the prisoner
counsel having renewed the motion of We
terday for delay for a specified period ind
cated, and based upon information receive
in the form of telegraph dispatch, Il
question now WAS whether there was suf
cient grounds in this additional informatiC
to change the decision announced by ii
court yesterday ON the same motion. If ii
q court did not at once deem this circumstan
es wholly insufficient before the decisio
was made, the counsel for the Common
wealth deemed it their duty to call attentiC
TO two or three matters connected with Il
affair though desirou, to avoid forestallir
the trial of this case, in regard to tue pre-
ent prisoner at the bar, they were prepare
to prove that he had made open, repeatC
and constant ackno wledgements OF every
thing charged against him; he had gloriC
in IT. and we have but an exhibition Of Il
same spirit and the same purpose in VIII
he announced that he would permit no
tense OF insanity 10 be put in.
The point was fully discussed by Il
counsel on both sides The Court STATE
,e that he must see in this case as in any 9TH
Is that proper cause for delay was made oi
II Nefore granting such application. In Il
y D. -esent case he could not see that the tel,
gra N gave any assurance that the addition
: al c, 1nnsel intends to come. The pIison
is now defended by counsel who will tai
care Il Aat no improper evidence is adducS