The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-10-28
Rirlmono Qispattb.
FRIDAY MORNING. a..........oCT. es, 1859
The Examination OF the rn.urgen,.-A

| False Alarm.
| The mails bring some further details of
the second days examination Of Brown and
| his fellow prisoners, not published by tele-
graph, In the matter of the delay asked for
| by Brown, the Baltimore American gives the
| following proceedings:
Capt. Brown then arose and said -;
| 81 do not intend TO detain the Court hut
| barely wish To say that, AS have been pro-
missed fair trial, that am not now in cir
enmstances That enable me to attend 10 n trial,
owing 10 the state Of my health. / have se-
| we're injury in the back, or rather in one kid
ney, which enteehles me very much; but am
doing We'll and only ask fora short delay OF
my trial, and | think may then he able to
| listen TO it, l merely ask this that as the saw
| ing is, the devil may have his dues'-no more
| l wish to say, further, that my hearing is i'm
paired ana rendered indistinct in consequence
| OF the wounds have received about my head
| l cannot hear distinctly At all ! could not
| hear what the Court has said this morning |
| would be glad to hear what is said on my trial
and am now doing better than / could ex-
| pcct, so that, under the circumsta tances a very
short delay would be all would ask do
not presume TO ask more than a very short de-
lay. so that may in some degree recover, and
be able ne least 10 listen to my trial, and hear
| what questions are asked of the witnesses and
what their answers are. If that could be al
lowed me should be very much obliged"
Mr.. Hunter said that the arraignment could
he made, and this question could then be con-
sdered
The Court ordered the indictment to be read
so that the prisoners could plead guilty or not
| guilty, and said 1T would then consider
Browns request. The prisoners We're COM
| PEELED to stand during the arraignment-Capt
| Brown standing with difficulty and Stevens
being held upright by two baiIins.
Porte Crayon. the artist, was present and
took sketches of the prisoners as thus ar
raigned. The reading of the Indictment occu-
pied about twenty minutes.
| The prisoners each responded to the usual
| question mot guilty. and desired TO be tried
| separately.
Mr.. Hnnter-The State elects to try John
| Brown first.
The Court-IGis condition must first be in
| quired into.
that he is mentally and physically unable to
! proceed with his trial at this time. He has
| heard to-day that counsel of his own choice
| Will be here soon, whom he Will, of course,
prefer He asks only for delay of two
three days. 1t seems TO me but a reasonable
request. and l hope the Court will grant IT,
| MIR. Hunter-I do not think il the duty OF
the prosecutor for the Commonwealth, or for
one occupying that position, TO oppose any
| thing that justice requires, nor to object 10
| anything that involved 2 simple consideration
of humanity where it could be properly al
| lowed. Yet in regard TO this proposition, TO
delay The trial of John Brown for one, two or
three days, hey deemed'it their duty that the
| Court. before determining the matter, should
| be put in possession of all the facts and cir
cumstauces. judicialiy, that they were aware
OF in the line of their duties as presecutors.-
I
to delay the trial Of this prisoner single day,
and that there was no necessity for it. lie al
| udod in general terms, to the circumstances
by which they Were now surrounded, being
such as rendered il dangerous, TO say nothing
! of exceeding pressure upon the physical re-
> sources of our community growing out OF the
circumstances connected with the alalrs for
which the prisoners were 10 be tried, and that
r the State law. in making special provisions
for allowing briefer tine than usual in the
case OF conviction of such Offenders, within
III al ton of bE haf
nation and execution, evidently indicates lndl-
S rectly the necessity of acting promptly and
r decisively. though always justly, in proceed
tngs of this kind.
In reference to the physical condition of
Brown, he asked the Court not to receive the
unsupported statements of the prisoner As
sufficient ground for delay, but that The lailor
, and physician be erGminsd. AS to his expect
: ing counsel from abroad, he said that no i'm
f pedment had been thrown in the way of
S the prisoners procuring such counsel as
they desired. but on the contrary every IA
clity had been afforded. Able and intelligent
, | counsel had been assigned 10 them here, and
= he unprecedented there was but little reason TO
/ expect the attendance of these gen ilemen from
the North who had been written TO. There
1 was also public duty resting upon them, to
avoid as far as possible within the. forms OF
: | law, and with reference to the great en- never
i to be lost sight OF, the giving OF q fair and i'm
E partial trial TO the prisoners the Introduction
2 OF anything likely 70 weaken our present po-
81 ton and give strength TO enemies abroad,
| whether il issues from the jury, IN time, or
whether it comes from the mouth of prisoners,
- orany other source. 1t was their position that
| had been imperied and jeopardized, as they
/ | suppose, by enemies.
Mr.. Harding concurred in the objections Of
= Mr.. Hunter, on the ground OF danger arising
from delay. and also because Brown was the
!, | leader in The nsurrect ton. and his trial ought
: | TO be proceeded with on account of the ad-
i vantage thereby accruing in the trial OF the
others. Mr.. Green, counsel for the prisoners.
remarked that he had enjoyed no opportunity
for consulting with the prisoners or OF pre-
pairing for the defence. The letters for North
: ern counsel had been sent OFF, but not sufficient
{ time had been afforded to receive answers
: Under the circums stances he thought q short
c delay was desirable
Mr.. Bolts added that at present the excite
| ment was so great as perhaps 10 deter Northern
: | counsel from coming; but now that IL had
s ! been promised that the prisoners We're TO have
: fair and impartial trial. he presumed that
they would come and take part in the case.
The Court stated that if physical inability
was shown, reasonable delay must be grant
= ed. As TO the expectation of other counsel
q coming from abroad, that did not constitute a
7, sufficient cause for delay, there no cer-
: tainty about their coming Under the circum-
u stances in which the prisoners We're situated,
y IL was natural that they should seek delays
- The brief period remaining before the close of
u u the term OF the Court rendered il necessary to
: proceed as expeditiously as practicable, and to
# be cautious about granting delays. The Court
s would request the physician who attended
: Brown TO testify as to his condition.
DR.. Mason was then sworn. He thought
!
= his trial Did not think that his wounds We're
such as to affect his mind or recollection. He
| had ALWAYS conyersed freely and in diligently
| about This affair Had heard him complain OF
debility but not of hardness OF hearing.
Mr. Cockrili, one of the guards at the jail,
| said that Brown hadalways been ready to con-
u verse freely.
Mr. Avis tailor sworn-Has heard Brown
frequently say to persons visiting him, that
. his mind was confused and his hearing affected.
Would not like 30 give any opinion as TO his
ability to stand his trial
AT this point the telegraph line between
Baltimore and Harpers Ferry broke, and no.
thing further of the examination was re-
ceived.l
, rulnored contemplated attempt at rescue
: I caused some alarm in Frederick, Nd, We'd
nesday evening. The following telegraphic
dispatch gives its history:
E FREDERICK CRY, Oct 26-P. M.-About
O'Clock this afternoon dis patches were received
here by Capt Sim, of THE United Guards, and
Capt. Hobbs, of the Independent Rifemen,
from Mr.. Garrett President of the Baltimore
and Ohio Railroad, inquiring If the Frederick
military would hold themselves in readiness
, | for a call to Harper's Ferry or Chariestown,
] if necessary to defend the latter place against
an attempt TO rescue the prisoners taken at the
recent insurrec ton at Harper's Ferry A re-
, uIy was given in the affirmative. Subsequent
" Mr.. Garrett teiegraphed that he thought
two companies would be necessary for the de-
fence Of the place.
| CAPTAIN Sim, with about ten men, fully
armed left the city in the balf-past O'Clock
| train for Charlsstown. No other company
/ has as vet gone. Captain Hobbs, upon receipt
of his dispatch at once telegraphed to Presi-
dent Buchanan, asking him II it was necessary
for him 10 leave with his company, and that II