Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-10-26

es.iSl bp GfIrgrapb.
TraminalIon u tbo Insurrootionist1

prisoners win be commenced to-day. The !
law reqoifea itha, The decision Of the jus'ioe J
Of the examining court, who may number 2
from I've 70 sixtecn, must be unanimous, - :
The prisoners will be examined together !
and Il Is supposea that The examination win
be concluded by O'Clock, to which time
the grand Jury have been adjourned by the
court The grand jury will then take up the
case Immediately and the indictments,
which are already prepared, will probably
be presented to the court on Wednesday
morning, when the trial Of the prisoners
will commence before The court and jury
should they ho found guilty and sentence Of
death pronounced upon them, the Judge un-
/ der the laws Of the State axes the day OF
execution independently Of the Governor -
The usual DELAY of thitty days after SON
tepee il expected in cases OF insurrcchOn
and rebellion, und the prisoners, II convict
ed, may be hung Immediately either within
or without the Jail yard
The preliminary examination Of the pris-
:, ouers captured at atII9rper's Ferry eommenc
cd this morning before the Magistrates
Court The following magistrates occupied
The bench; Col Davenport, presiding jus
tice, assisted by DIR. Alex, Jne. ). locg, DOM (
+. Smith, Thos II. Willes Geo. W, hienel7 |
a herper. Chas. II Lewis and Moses w. Burr |
Az half past 10 o'clock the Sheriff was de-
sired "a bring in tho prisoners who were
u conducted from tho iail under guard OF so
armed men, and guard was also stationed
= around the Coart House, and bayonets are
= bristling on oil sidee,
Chas B Harding, attorney for the county,
ID is assisted BY Aedrew Honter, Esq, connsei
for the Commonwealth,
The prisoners we're then brought in, Gen.
~ Brown aud r Coppee being manacled to-
n gether Brown seemed weak and haggard;
with his eyes swollen from the effect OF the
4, wounds on his head Cappee is uniuiured
n, Stevens seemed less injured than brown,
but looked haggard and depressed. There
are number Of wounds on the heads OF
:. both John COPELAND is a bright mulaltoo
sI aged twenty Eve years, and Green who is
about thirty years OF age, is a dark negro
re Sheriff Campbell read the commil'al
"a charging the prisoners with treason and
"a "a murder, t..
W Mr.. Harding States Attorney, asked that
Ike the court might assign counsel for the pris-
hs oners if they had none.
eli The Court inquired if the prisoners had
counsel, when Brown addressed the court Of
=. follows; .i
es' II did not ask for any quarter at the time
| was taken; did not nsk to have my life
ing spared The Governor Of the State of Nir
. ginia tendered me his assurance that
- should have a fair trial, but under no CIR
oumstances whatever will | be able to at
tend to trial | have had no COUNSEL
have not been able to advise with one.
( Of know nothing about the feeling Of my Eel
low prisoners and | am utterly unable to al
n tond in any way to my own defense. M
f! memory don't serve me, my health is insult
cient although improving. There are init
igating circumstances il a fair trial is to b
allowed us, that would urge in our favo
ASJ but if we are TO be forced with mere forl
of trial to execution, you might spare your
selves that trouble, | am ready for my fat
don't ask trial, | beg no mockery OF
trial, no iusult---nothing but that whic
vi conscience gives or cowardice would drl'
you to practice. | ask to be excused iro
the mockery of trial, l do not know wh'
the design Of this examination is; do N
use know what is to be the benefit OF 1t to Il
Commonwealth | have now little to a.
other than be not foolishly insulted,
cowardly barbariaus insult those who ia
into their pow eP."
The Court assigned Chas. ]. Faulkn
rect, and Lason BOts, Esqrs,, as counsel for 4
prisoners.
After consulting the prisoners, Mr.. Faul
ner addressed the court, stating that he d
tES' MED the right of this court to assign cou
sci for prisoners, and that he could not, u
-, der any circumstances, enter on defer
- Of those prisoners on such short notice,
,tyles it would, indeed, be mockerY of justice.
Mr.. Bolts said he did not feel it his dr
6 to decline the appointment of the court
eet Mr.. Harding addressed Brown and ask
- n him il he was willing to accept Mess
Faulkner and Bolts as c,unsel2
: Brown Replied wish to say that IA
sent for counsel. | did apply through
advice of some persons here, to some p
sons whose names do no recollect, to act
counsel for me, and | have sent for otl
counsel, who have had no possible Oppor
nity-o see me. ! wish for counsel If
to have a trial. but if | am to have moth
M but mockery Of a trial Us | said, do
w care anything about coupsel-it is rnnec
sary to trouble any gentleman with that
ty.
tizens Harding-You are to have fair trial.
Brown-There were certain men, tn
Mr.. Bats was one Of them, who decli
Gotiug as counsel, but | am not post
ED, about it. | can aot remember whether
was one because | have heard SO m
names; ! am stranger here do not kI
the disposition or character the gentleT
named. | have applied for counsel OF
own, and doubtless could have them,
IlCn am not, as ! said before, to be hurridt
uSO9 execution before they can reach here; b'
that is the disposition that is to be mad
EN-. me, all this trouble and expense can be
ed
Harding--The question is, do yol de
the aid of Messrs Faulkner and Bott
your counsel? Please to answer yes or
Brown cannot regard this as an ex
~ ination under any circumstances WI
Ii prefer that they should exercise their
pleasure. feel as though it was ma
Of very little account to me--if they had
signed to assist me as counsel should
wanted an opportunity to consult thel
my leisure,
Harding Stevens are you willing II
gents should act as your oounsel2
SteFens-i TN willing that gent 81
''' "A' pointing to MIR. Bolts,
Andsee Harding-Do you object 10 Faulkner9
gwen as Stevens-No, am willing to take bot
corner Harding addressed each Of the other
romptly oners separately, and each stated their
AGENT. lingness TO be defended by the counsel
/. med The Court issued peremptSry O
80 that the press should not publish the
tailed testimony, as it would render
IT I getting Of a jury b fore the Circuit {
- impossible.
J. Hotel, Lewis Washington stated that ABOUT
O'Clock on Sunday night be was asleep
y wRs awakened by noise; heard his
called, went down and was surrounde
s;N man. Stavana ar naarad 10 he in