Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1859-10-27
THE HARPERs FERRY CONSPIRACY
TRIAL, OF THE PRISONERS.

TIE Grand J~ry-A speedy trial oHda q"iek execution
-RhpRors and incidents.
CnaRLrsrowS, Va, Oct. sS.-The Magistrates Court
assembled here here this morning to examine the prison.
ers captured in the recent outbreak. The following
Magistrates were on the bench: Col Davenport Presi-
ding Justice; DIR. Alexander, Jno. j. Lock, Jno. ,. Smith,
Thomas II. willis, George W. Echelberger, Charles II.
Lewis. and Moses w. Burr.
At half past 10 O'Clock the Sheriff was directed TO bring
ia the prisoners, who were conducted from Jail under n
guard Of eighty armed men. A guard was also stationed
around the court house, their ~bayonets hnstling on all
sides.
Chas h. Harding, ESQ. Attorney for the county. was
assisted by Andrew Hunter, counsel for the Common
wealth.
The prisoners were brought in amidst profound silence.
Brown and Edwin Coppee were manacled together.
Brown seemed weak and hsggarj, with his ewes swollen
from the effects of the wounds on his head. Coppee is
uniniured. Stevens seemed less injured than Brown, but
looked haggard and depressed. He has also number of
wounds on the head.
John Copeland il a bright mulat;o. about twenty-five
wears OF age. Green is dark negro, about thirty wears
Of sge.
Sheriff Campbell read the commitment of the prisoner
on the charge of treason and murder, when Mr.. Harding,
the States Attorney, asked that the Court might assign
counsel for the prisoners ii they had none.
The Court Inquired il the prisoners had counsel, when
Brown addressed the Court as follows:
"Nirginians|I did not ask for any quarter at The time
was taken. l did not ask TO have myself spared. The
Governor of the State of Virginia rendered me his asur-
ance that | should have a fair trial, and under no circum-
stances whatever will | be able to attend to a trial. lfyou
seek INV blood you can have it at any moment without
the mockery OF a trial.
81 have had no counsel have not been able to AL.
wise with one. I know nothing about the feelings of my
fcuoW.prisoners, and am utterly unable To attend in any
way to my own defence. My memory don't serve me.
Nv health is insufficient, although improving. There are
mitigating circumstances, if a fair trial is TO be allowed
Us, that l would urge in our favor. But, il We are to be
forced, with a mere form of a trial, to execution, YOU
might spare yourselves that trouble. | am ready for my
fate. | 10 not ask a trial | plead for no mockery of a
trial-no insult-nothing but that which conscience gives
or cOwardice would drive YOU To practice.
IL ask TO be excused from the mockery OF a trial. do
not know what the design of this examination is. | do
not know what is to he the henetit of it to the Common
wealth. have now little To ask, other than that | BE- not
publicly insulted, as cowardly barbarians insur those who
tall into their hands,
The Court assigned Charles J. Faulkner and Lawson
Bolts a. counsel for the prisoners.
After some consultation with the prisoners, Mr.. Faux
ner, addressing the Court, said
Il was about to remark to the Court that, although |
feel at any lime willing to discharge any duty which the
Court can legally and hy authority OF law devolve upon
me, | am not, in the first place, aware OF any authority
which this Court has, sitting as an examining Court, to
assign counsel for the defence. Besides, it Is manifest
from the remarks just made by one Of the prisoners, tina,
he regards the appearance of counsel under such circnm-
stances not a. a bona fis act, but rather as a mockery.
Under these circumstances, do not feel disposed to A.
sumo the responsibility of that position. | have other
reasons for declining the position, connected with my
having been at the place OF action and hearing all the adj
missions OF the prisoners, which render II improper and
nsJyeiisit for me to act as counsel II the Court had
authority to order it percmptorily, | should aequiesce
aud obey that authority, but 1 am not aware that there il
any such power vested in this Court; but lift is Of the
prisoners desire, / will see that full justice is done them"
Mr.. Bolts said he did not feel it has duty to decline the
appointment of the Court. lie was prepared TO do his
best to defend the prisoners; and he hoped the Court
would assign him some experienced assistant if Mr..
Faulkner declined.
he was willing TO accept Mcssrs. Faulkner aud Bolts as
counsel. Captain Brown replied, II wish to say that |
have sent for counsel. | did apply, through the advice
Of some persons here, to some persons whose names l do
not now recullect, to act as counsel for me, aud l have
sent for other counsel who have not had time TO reach
here, and have had no possible opportunity to see me-
I 4 .ssL 80 a,-u-.N "A I I'm O. - huWaa Frtsl hF Il 4 am 80
have nothing but the mockery of a trial, ~ / sad, / do
not care anything about counsel. 1t is unnecessary TO
trouble any gentleman with that duty"
Mr.. Harding" on are To have a fair trial.
Captain BrOwn-"T There are certain men, | think Mr..
Bolts was one of them, who declined acting as counsel,
but | am not positive about it, | cannot remember
, whether he was one, because | have heard 80 many
names. / am a stranger here and do not know the dis
position or character of the gentlemen named. | have
applied for counsel Of my own and doubtless could have
them If ! am not, as ! said before, to he hurried TO exc
cutiOn before they can reach here. But If that il the
disposition that is to be made Of me, all this trouble and
expense can be saved"
Mr.. Harding-"The question il, do YOU desire the AID
Of Messrs. Faulkner and Bolts ns your counsel? Please
D TO answer yes or no.
Capt. Brown-"I cannot regard this as an examination
u under any circumstances. ! would prefer that theJ
should exercise their own pleasure. l te9l a. it IL was
matter Of little account TO me. lfthey had designed Il
+ assist me as counsel, should have wanted an opportuui
a IS TO consult with them at my leisure"
i Mr. H~arding-"Steyens, are you willing these gentle
e men should act as your COUNSEL
Stevens am willing that gentleman shall" point
u ing to Mr.. BottsJ
Mr. Harding-"Do you object to Mr.. F~aulknerg'
u Stevens-"NOi / am willing to take both"
y Mr.. Harding then addressed each Of the other prison
j ers separately, and each stated his willingness to be de
j. Tended by the counsel named.
d The Court then issued peremptory orders that tn
T. press should nos publish detailed testimony, ~ il woul
y render the getting Of a jury before the Circuit Court in
J. possible.
i EXAvyATiOS % wuSFssrs.
. The examination Of witnesses was then commenced
and the testimony given in all went 10 substaniiate th
J. charges, corresponding in all the principal facts with tn
particulars that have been given in the Wing
RUuORs ANp INCIDENTS.
al II is umored here that Captain brown il DESTROYS O
making a fall statement Of his motives aud intention
- through the press. but the Court has refused al furthe
IL access 70 him by the reporters, fearing that he may pr
forth something that would have bad effect on the sav
1t population.
The mother Of Cooks wife was in the court-hous
re throughout the examination.
Ne The prisoner Coppee says that he had a brother in II
party, and that Brown had three sons with him. and 81.
H. that there were two others, named Taylor aud Haslctt-
le 80 that. including Cook, five have escaped, twelve ha,
IS been killed, aud five captured-making t%weuty.tNO
ne ~.
I'd The trial will commence tomorrow morning, beyou
at doubt, though much difficulty il anticipated IN Obiai
ing q jury. Captain Browns object In refusing couus
j. said 20 be, that II he has counsel he will nOtbe allow,
to speak himself, and Southern counsel will not he willif
be to express his views. The reason given for %burying n
Loo trial BE-. that The people II the whole county are kept
's "a state Of excitement, and that a large armed force
Pc. required to prevent attempts al rescue. .
be lie presumed that they will demand separate tria
20 After conviction ltis believed that but days will be grants
~. them before execution. IL Is believed that al but Bros
on will make n ill confession.
,n The prisoners a. brought into Court presented a pit
BILE sight, Brown aud Stevens being quite unable 10 stai
without assistance. Brown has three sword or bayOn
Of stabs IN his body aud one sabre cut over his hel
or Stevens has three balls Ia his head and had two ia
~ breast and one in bic arm. He was also cut on The fU
fy head With a rifle bullet which glanced on, leaving a b
ca wound. Tho trial will undoubtedly 20 on tomorrow.
The examination to-day i merely 70 zee whether Z
md charges are ~ sufficient importance to so before a gra
49, iur. To morrow the grand jury will report n bin, a
~. The case will be Immediately called for trial THERE'S
no evident Intention manifested here 10 hurry the "
on. through, aud tocHecutc the prisoners a. soon NJ possit
20 az 10 defeat any attempts TO rescue them. IN the q
rv. Of scrvilo insurrectiou, the interval Of thirty days b.
n required TO elapse between conviction and execution,
in other capital convictions.
md IsDIoyATtos AGAINST Gov. WisE-The Harpefs Pc
ed, people are indignant al the language employed by @
we Wise, in censuring them for allowing the ArmOry TO
ies taken, and think the papers have not given them pro
sef credit for their efforts 70 repcl the invaders. The &
lea, zens, they say, did al that was done drove Brow