Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1859-10-31
II.al Of tho Prisoners.

on their part, several witnesses Tor Tie pfi-
soncr were call and did not answer. IL
was stated that the subpmnas had not been
returned.
Brown here arose from his mattress evil
IDENTIFY excited Starting upon his feet ne
addressed the Court "a follows:
May it please the Court: discover that
Notwithstanding all the promises that have
received oi Il fair trial, nothing like ialr
trial is to be given me, a it would seem.
gave the names nt these witnesses - soon a.
| could get them OF the persons wished to
have called a. witnesses, and was assured
they should he subponacd. | wrote down
"A memorandum to that effect saying where
those parties were. but it appears that they
have not been summoned 50 tar IA | can
learn. And now ask. il am ID have any
thing at all deserving the name OF the sha-
dow of a fair trial. that this proceeding be
deferred until tomorrow morning, Tor
have no counsel, as have before stated, III
whom feel that can rely: but | am i'll
hopes that counsel may arrive who will at
tend To seeing that | get the witnesses who
are necessary tor nv defence. am unable
myself to attend toit have given all At
tcntion possibly could 10 II, but | am una
bic to see or know about them. and can't
even find ont their uames. and have nobody
to do any crranl tar ne, for my money WAS
taken from me when wtS sacked AMI stab
bed. and have now not Il dime. had two
hundred and fifty or sixty dollars, in gold and
silver taken from my pockets, and now have
no possible means of getting anybody TO 90
any errand for me- and have hot been done
for, nor have all the witnesses been summoned.
They are not within reach. and are not here.
| ask ut least until To morrow t. have some
thing done, il any thing IS designed u be
done. II not am ready Tor anything that
may turn W..
Brown then laid down again. drew his
blanket over kim and closed his eyes and
appeared TO sink in Il tranquil slumber.
Mr.. lluyt, Of Boston, who had been sitting
quietly ali day at the side of Mr. Bolts, now
arose, amid great sensation, and addressed
the Court - follows:
'Alay it please the Court, | would add my
voice to the appeal Of Captain Brown, al
though have had no consultation with him,
that further hearing of the case be post
poned until morning. He said he would
state the reason for this request He was
informed and had reason - believe that
Judge Tilden, of ONO. was on the way to
CharIcstown. and would undoubtedly arrive
ut llarpcr's Ferry Tonight N o'clock. lie
had taken measures to secure that gentle
mans arrival AT this pace tonight i. he
reached the Ferry. For himself. he had
come from Boston travelling night and day
to volunteer his services in the defence of
Capt Brown, but he cannot take the rcspon-
sibility Of undertaking his defence as now
situated. The gentlemen who have delen-
ded Captain Brown have acted in an honor
able and dignifed manner in all respects so
far as | know. But cannot assume the re-
sponsibility of defending HIM myself for
many reasons: First, it would be ridiculous
for me to doit.
have not read the indictment through;
have not, except 50 far aS have listened to
this case and heard the counsel this morn
IN, got any idea OF the line Of defence pro-
posed.
have no knowledge Of the criminal code
of Virginia and have had no time to read II.
| have had no time to examine the questions
arising in this defence, some OF which are OF
considerable Importance, especially relative
to the jurisdiction over the Armory grounds.
For all these reasons ask continuance OF
the case till morning
Mr. Botts-ln Justice to myself, | must
state that on being first ASST ned as counsel
for Capt. Brown, conferred with him and ut
his instance took down list Of the witness
es he desired subFmnacd. In his behalf,
though late ut night. | called up the sheriff
and informed HIM that wished subpmnas
issued early in the morning. This was done
and there are here Me>Srs. Phelps. Williams
and Grst, who have been examined
Sheriff Campbell stated that the Subprnas
were placed in the hands Of the officers with
the request to serve them ut once, and they
must have served them, rs some OF the wit
nesses are here. The processes not returned
may have been sent by private hands and
failed 10 arrive.
Mr. Bolts thought they had shown, ana
was confident he spoke the pnbllc sentiment
ID the whole community. when h. SAID they
wished, Capt. Brown IL hay" fair trial.
Mr.. Hunter / d, not ris" for tn" pur-
pose Of protrac;ug The argument or inter
rupting with the slightest impairment. in
any way, the giving 81 Il fair trlaI. \ far
trial, whether it Was promised 10 Captain
Brown or not, is guaranteed by our laws to
every prisoner. and so far rs am concern
ed have studousy avoided suggesting any
thing to the Court that would i'll the slight
est degree interfere with it. ! beg leave to
say, in reference TO this application, that
suppose the Court, even under these clrcum-
stances will have to be satisfied III some way
through the counsel or otherwise, that this
testimony is material testimony.
50 far ~ any of the witnesses haN" ha"n
examined. the evidence relates IL III" conduct
of Brown in treating MS prisoners with !e-
niencv. respect, aud courtesy. and this al
ditional matter. that his iaS, Of tru'e~-h
YOU choose to regard them So--wcr" not rr--
pected hy the citizens. but some OF his men
were shot whilst bearing them. II the dcicnc"
take this course. we are perfectly wiling :"
admit these facts in any form they may de-
sire. Mess the Court shall be satisfied
with this testimony-eyery particle OF which
| have no doubt. Is hero IT, could he got
is material to the defence. submit that the
application for delay on that score ought not
10 lie granted Somr"f these witnesses have
been here, and might have been asked to
remain.
4 host ii witnesses On our sjlc have been
here, and gone away. without being called
ON 10 testify. | simply suggest that i Is
due. in Justice to the Commonwealth. which
has so,ae Eight a. well Is the prisoner, thar
information he g,:on 10 tie Court showing
that the additional testimony wanted Is rrl"-
H.. -. IL, .fsl al