The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-11-01
Rirllmono Qispatrb.
TUESDAY MORNING ...... NOV. /. 1859
TRIAL OF JOHN BROWN
Ciese Of the Evidence for the Dcfcnce-TI
Ar2ument-aifairs I'm CharIestewn, &c.
IFoUHTu pAr.l

The Court mef III III O'CLOCK. Wfcn .fnUpA
Parker announced that he had Just received n
note from the new counsel of the prisoner re.
questing short delay 10 enable them To haye
an lntcrview with him. The arrival Of H.
Grlswold, Esq, from Cleveland, Ohio, to take
part with George II. Hoyt, Esq. of Boston. in
the defence. has increased the excitement. 1t
is also said that Samuel Chiffon, Esq, of
Washington, who arrived this morning. will
Ioin the defence. so that the case viii take
new course this morning,
The sppech of Capt. Brown last evening, re-
pudiating his counsel, Messrs. Bolts and
Green who had certainly done all in their
power for a ease 50 utterly indefensible. has
ineensed the community against him 10 an ex-
| tent that can scarcely Inc restrained.
PROCEEDINGS COMMENCED.
At II O'Clock the prisoner was brought into
quite feeble and hargard, and the effect of the
| excitement Of last evening was quite visible
/ in his countenance.
Mr. Hryt of Boston, entered Court accom-
/ panied by II. Griswold and Samuel Chiffon,
| Esqs, the latter Two gentlemen taking the
/ oath as attorneys in this court. Mr.. iIoyt h3v-
| ing entered as counsel last evening, Messrs.
| Chiffon and Griswold acting as associate
counsel.
MIR. Chiffon thought it due to himself 10
make an explanatory statement before The
! trial should proceed. lie was yesterday very
unexpectedly called upon to come here and
| take part in the defence of the prisoner at the
| bar. | took some time to consider the propo-
| sition, and finally agreed to come on under The
| eXpcc ctaton of finding Messrs. Bolts and
| Green still in the case. On arriving here,
| however, / learned. for the first time. the
| course the case had taken last evening. These
| circumstan however. would render it i'm
possible for him 10 discharge full duty of coun-
! sci, not having had time to read the indictment
| or examine the evidence already taken. He
| would make no motion for deiay-this was L
matter entirely within the discretion of the
Court, and If the Judge thought proper 10 re-
fuse 10 grant any poStponement. he knew il
world he done under a of GutV These
extraordinary circumS tances would also rem
der il impossible for his associate MIR. Girls
void, TO discharge the full duty of counsel. A
snort delay OF few hours, if the Court thought
proper 10 grant 1t, would enable them to make
preparation.
The Court decided that the trial must 20 on
| Counsel had been assigned to the prisoner
here of his own selection, who had labored
zea!ously in his behalf, and had Withdrawn
| because the prisoner had YES terday evening
! declared in open court that he had no con f.
| dPuce in them. No obstacle has at any time
/ been thrown in the way of the prisoners hay
! ing an ample defence. If this was the only
/ case of this kind before this Court he would
i at once grant the request. but several similar
| cases remain 10 be disposed of. This term Will
! very soon end. and 1t was his duty 10 eudeayor
/ TO get through with all the cases if possible,
| in justice to the prisoners and in justice the
! State. The trial must, therefore, proceed.
| OBJECTION To DOCUMENTS.
| Mr.. Hoyt remarked that yesterday the At
| torney for the Commonwealth produced va
| rlOuS papers IN court. WnlGn Were lQen ntlflpd,
! for what purpose he know not, bu pre-
sumed he should be informed,-som as being
in Captain Browns handwriting. and some
| as bearing his endorsement. He had hastily
examined those papers, and wished to object
| TO some of them. The learned gentlemen as
! sociated with him in the trial had not exam
! iEed them, but he supp'eed the Court would
/ uot regard that As material under the present
ruling
Ar. Hunter, (interrupting.) No need Of ar
! gument about the matter. Designate those
| you wish TO object TO.
Mr.. HJyt-I desire 10 know the object of
! counsel IN introducing those papers.
! Mr.. Eunter-Th apers will speak for them
| selves. you will designate which Of them
| you object 10, we will go on at once.
| Mr.. Howl object to the autobl0gra phy of
| Captain Brown, as having no bearing on this
| case.
Mr.. Hunter-I withdraw it,
Mr.. Hoyt-I object to the letter Of Gerrt
/ Smith.
| Mr.. Hunter-I withdraw that, too.
| Mr.. Hnyt-I handed to the Clerk last night a
| list Of names we wished summoned as wit
| nesses samuel Strider Henry Ault, Benia-
man +. Mills, John f. 2. Dangerfeld, and
| Captain Sims. | got a dispatch inst now in
| forming me that Captain Sims had gone TO
| Frederick, but would return in the first train
! this morning. and would come on to Charles
| town this afternoon. l would like 10 inquire
| whether the process had reached Capt. Sims
| at Harper's Ferry.
Sheriff Campbell replied that the officer
| stated that Captain Sims had gone TO Frede-
| rick.
| Mr.. Hunter-He was here yesterday, I hope
| we viii proceed with some other witnesses.
TESTIMONY FOR DEFENCE.
| John f.. =. Dangerfieid called and testified
| that he was an officer of the Armory; he was a
| prisoner in the hand of Captain Brown at the
! engine house negotiations We're going on for
the release of ali the prisoners before the firing
| commenced; about i dozen black men Were
there armed with pixies, which they carried
most awkwardiy and unwillingly; during the
| firing they were lying about asleep, some OF
| them having crdWled under the Ell gines; wit
ness is free TO say, from the treatme II of Capt
| Brown, he had no personal fear from him or
| his men during his confinement; saw one oi
the men shot in the engine house, who fell
| back and exclaimed Its all up with me.'' and
he died in 2 few moments; this he learned was
| one OF Capt. Browns sons; saw another young
man come in wounded and commenced to voni
blood, who was also a son of Capt. Brown and
| was wounded whilst out with Mr.. kittzmiller
| the prisoner complained frequently of his men
| being shot down whilst carrying flag o
| truce.
Mr.. Hunter complained of going over again
| the same facts heretofore elected, all of which
We're freely admitted by the defence.
Mr.. Hoyt stated that he regarded it as the
only feasable line of defence 10 prove thest
facts. Ii was the duty of counsel, if possible
to show that Capt, Brown was nOt guilty o
treason, murder or insurrection, accc riding Il
the terms OF TINS Indictment. We hope Il
prove the absence Of malicious inten ton.
| Mr.. Hunter was frank TO admit that III
| could not but regard this course as merely
| calculated to waste time.
| Mr Hoyt would remind the Court that til,
| course being pursued was not only in accord
| ance with their conviction OF duty, but in &C
cordance with the express commands of theil
client.
The Court remarked that the counsel wa:
| responsible to the Court 10 conduct the cast
| according to the rules of pract
| Mr. Hoyt thought the language OF the prose
| cution was calculated 10 impngn the honor o
| the counsel for prisoner.
| Mr. Hunter-Nothing of the kind was in
, tendeA II is presumed gentlemen Will con-
duct the case in accordance with their duty q;
| counsel and their responsibility to the Court
! MI Dangerffeld resumed-Heard some con
versation by Capt. Brown as TO having it IL
/ his power 10 lay the town III ashes, and carry
| ing OF thAwomen and children. bnt that M
had refrared from so doing heard nm make
no threats that he would doso; the only threat
| l heard frcm him was at the commencement ol
the storming of the engine house; he then said
| that we must all lake equal shares with him
| that we could no longer monopolize the places
| of safety; he, however, made no attempt 10 de-
! prive US of the places we had taken: Brown
promised safety 20 all descriptions of property
| except slave property; at the time of the as.
| snuit by the marines one of the men cried out
| tor quarter; he had heard the same man, in a
| conversation with Brown during the night
| ask him II he was commi ttlng treason against
| his country in resisting the marines, to which
| Brown replied that he was; the man then said,
II will fight no longer that he thought he was
merely fighting 10 liberate the slaves; after the
/ attack was made on the engine-house, two OF
| Browns men cried for quarter they laid down
| their arms, but after the marines burst open
| the door, these men picked up their arms again
| and renewed the fight; after the first attack
Capt Brown cried out To surrender, hut III
| was not heard did not see him iire.afterWards
saw Coppee attempt to fire twice, but the caps
| exploded: witness saw Capt. Brown wounded