, 1859-10-27
THE LATE lNSURRECTIOy,
Proceedings at Chnrlestovu.


CHAnlEsrowS, Va, Oct. 26.-0iscuit Court
Judge Parker. The Court met at 10 o'clock
The grand jury we're called aud retired to re
SUM the examination Of witnesses. The Cour
| took recess to await their return.
Ar. Johnson, U. S. Marshal for the Northern
District of Ohio, arrived this morning. He ris.
fugitive from, justice. from Ohio. His object
it is supposed, is to ferret ont testimony impli'
eating other parties.
| The excitement is unabated. The crowd
from the surrounding country is very large.
An erent regarded Us proving tue faisLfulness
OF their slaves, no fears are entertained of them
but 4 military guard is kept up for fear of IN
attempt to rescue the prisoners. Tie conster-
nation among the slaves is caused By fear OF
| being seized like those Of Col. Washington, and
they firmly beliere the Object Of the prisoners
was to carry them South aud sell them. Not Il
single slave las get been implicated Us even
kympsthizing with tic insurrrctionlsts. Those
carried off hare all been retakeu mud returned
| TO their masters.
Cannon hare bcea placed in front OF The
Court huuse, and an armed gard are pat1oling
around the jail. Capt Brown !.se consented to
allow Nessrs. Faulkner and ~ Il, act cs his
couuset-tbey assuring him that they will de-
feud hin faithfully and give h,n the advantage
Of everr privilege that the law will allow.
Stevens declares that lie does not dtsire to be
defended By Northern counsel -preferrin.,
Southern-and that the Court should appoint
them. There is decided sympathy for
Stephens, not only OIL accom-: OF his su1fotinrs,
but that he Inns shown none Of that rindictive-
ness anu Eardihood that cl.aFactetizes Brown,
Ills regret is regarded as caused By the cousc.
quences nf lis folly, and the examination yes
ierday indicated that the other prisoners have
los. their confidence in Brown and are not dis
posed 10 follow him in his deG4ut cuur.e.
- o'ctock Court re assembled. The Jury
reported true bill against the prisoners and
were discharged.
Chas. Il. Harding. assisted by Andrew Hun
ter, represent the Commonwealth. Chas. J..
Faulkner and Lawson Bolts are counsel for The
prisoners. True bill read u:;ainst each prisoner.
First, for conspiring with negroes to produce
au iusurrection. Second, for treason to Com
monwealth, and Thir', for murder.
The prisoners were brought into court &C.
coInpanied By i body Of armed meu- They
passed along through the street .and entered the
court house without the slightest icmonstsa-
,ion OIL the part OF the people. Drown looked
son1c"hnt better, eye not 90 much swol!cn.
Siercns had to be supported, aud rcclined on
II '1at1rass m the foor ia the Court ROOM, cvi-
dently unable to sit up. lie has the appearance
Of almost dying nan, breathing with difficulty
aud painting for breath.
before The reading Of the bill Of indictment,
Hunter called the attention Of tl.r court to The
necessity Of appointing additional counsel for
the prisoners, statiug tfsat one Of the counsel,
Faulkner, who had been appointed BY the Coun-
ty Court, considered his duty in that capacity
ended, and had left. The prisoners, therefore,
had no other counsel than Botts, and if the
Court was about to assign thcnl any other coun-
sci it might be proper to do so now.
Mr. Bolts said the prisoners rv:afned him and
desired to hare Mr: Green assist him; if the
Court would accedc to that management it
wonld BE- very agreeable to him personally.
The Court requested Mr. Green to ac: as
asststan, counsel for tho prisoners, and he con-
scnted to do so.
Brown arose aud said:
Il do not intcnll to detain the Court, but
merely wish to say, as have bceu promised
fair trial, that AM not now in circumstances
that enable nc to attend trial, owing to tic
staie Of my health. hare severe injury in
nv back, or rather in one kidney, which en-
iecbaes me very much. l only ask fur v.ry
short delay of my trial, and think may be
able to listen to it.. imercly as This, as III.
saying is. that the dcgil mar haye his dues no
more. wish to say, further, that niy hearing
is impaired md rendered indistinct in conse-
1uence Of wounds hare about hy head. |
cannot hear distinctly. con1t nut hear
what the Court said this mornin!; I would
like to hear what is szid un lay trisl, and IN,
nnw doing better than expected 50 that under
the circumstances Il very short time is all |
would ask. ! .lo not presume to al: more than
! very short delay. so tb2t In;a. id5@7cA :
recover and be able ut least 10 listed 20 1ny trs1
and hear what questions are asked OF the citi-
zens aud what their answers arc. II that could
be allowed mt, should be very much obligcd''
Mr.. Hunter said tile request was rather pre-
mature. The arrangements could be made and
t'lis question could then be considered.
The Court ordered the indictment to be read,
so that tie prisoners could plead guilty or not
guilty, and would then consider Browns request.
The prisoners were compelled TO stand during
arraisslment. Brown a'so standing. Brown
stood up with difficulty, and Stevens was held
upright by two baslitls. Porte Crayon was pres-
cnt aud took sketches OF the prisoners as thus
arraigne1.
The reading Of the indictment occupied twcn-
II minutes. The prisoners each responded to
the usual question, mot guilty." aud desired
to he tried separately.
Mr.. Faulkner state elects 10 try John
Brown.
The Court-uis condition must be enquired
into.
Mr.. Botts-1 au instructed to soy by Erown
that he is mentally md physically unable TO
proceed with his trial ut this time. lie has also
heard to-day. that counsel Of lis own choice
will be here, whom he will Of course prefer.
lie asks only for delay Of two or three davs.
II seems 10 be but reasonable request, uud l
hope the Court will grant it.
Mr. Hunter said be lid not think j, the duty
Of the prosecutor for the Commonwealth, or for
one occupying that position, to oppose anything
that justice required, nor to object to nnything
that involved Il simple consideration Of human
ity, where it could be properly allowed; yet. in
regard 10 this proposition to delay the trial of
John Brown one. .wo or three DAYS. thew DEEM
ed il their duty that the Court, before Jcterm-
ming the matter, should be put in possession of
facts aud circumstances judicial'y, that they
we're aware Of in the line Of their duties as prose
nk,}1r .fni.k bat =
proper 10 delay the trial Of the prisoners for a
single day. and there was no necessity for it.
lie alluded in general terms to conditions Of
things With which they are now surrounded.
being such ~ to maAe It dangerous, TO say
nothing of the exceeding pressure upon tue
phss'cal resources OF our community. growing
out Of the circumstances connected NTH the af-
fairs for which. the prisoners are TO be tried, and
that our law, in making special provisions fnr
allowing brieier time than uslal. in case uf
conviction for such o4cuders, w,thin the discre.
ton Of The Court, between condemnation and
execution, evidently indicates, indirectly, the
necessity for acsiag promptly and dessirely,
In reference to the physical condition Of
Brown, be asked the Court not to rccei5e unim.
portaat statements Of the prisoners as sufficient
ground Of DELAY. but that the jaior and physi.
clans he examined. Is 10 expecting counsel
FROM abroad. he said no impeachment had been
huIuH4 Ill aHG Ah} VI aut p11Su1tfB procuring
such counsel as they desired, bur, oil the con.
trary, every facility afforded. Able 1nd iotcl1i-
gent counsel had been assigned them, md be ap-
pretended there WAS little reason to expect the
attendance. Of those gentlemen from the North
who had been written 10.
There was also IL public duty Es.@la8 upon
them to act as fat as. possible .xithiu The
forms Of law. with reference to the great snd
uerer tn be lost sight pt ideathat IL, giving fair
and impartial tria! to the prisoners. The in-
PRODUCTION Of anything likely to weaken our pre-
sent position and to give strength to oar enemies
abroad. Whether it issued from tie jurr, or
whether it comes from the mouth Of tia prisoners
or any other source WAS their position that had
been lmperiled and jeoparli1ed as thss suppose
by enemies. 1ly. Harding cencurred IN tie cb-
jcct!ons. Mr. Hunter on the ground Of Danger
in delay also, because Brown was tae leader. Of
the iusurrection, and his trial ought to be mo-
ceeded with on account Of the advantage there
hy accrung on the trial OF the others.
Mr.. Grren remarked that be had ep;oysd no
opportunity for consulting with the prisoner or
preparing q defence The letters for Northern
counsel had been sent OF, but sufficient time
had not been afforded to receiva answprs-uu.
der the circumstances he thought short delav
desirable. Nr. Bolts aided that at present the
excitement was 50 great IS perhaps to deter
Northern counsel from coming, but now that it
hal hon, iso1 thAt+ +@