The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1859-11-03
Proceedings of the Court

The Court met at II o'clock. Brown was
led over from the Jail, walking very feebly,
and laid down on the cot.
Sen tor Mason entered the Court with Mr..
Hoyt, the counsel from Boston.
Senator Mason remarked that the testimo-
ny given by Col. Washington and Conduct
or Phelps was very correct. The jury was
then called and Mr.. Bolts ANNOUNCED the
arrival of Mr.. Hoyt, who had come to assist
the counsel for Brown. At present, however,
h. did not feel disposed t, take part in the
case Whenever he should feel disposed he
should dose.
Mr.. Hunter suggested that he had better
be qualified as member Of the bar on pro-
ducing proof from the Boston Bar
Mr.. Hoyt stated that he had not brought
his credentials of admission.
The Court said that was not required,
though the strictly legal evidence of that fact,
but the evidence of any citizen would an
Swcr
Mr. Green said that his partner had re-
ceiyed letters from the fellow students of Mr..
Hoyt abiding to him as a member of the
Bar Mr.. Hoyt then took the customary
oath.
The testimony was then resumed.
Conductor Phelps being recalled, Mr.. Bolts
put question to the witness prepared by
Brown. The firing was commenced by
those men on the bridge who shot Haywood;
the next firing was by Throckmorton; does
not know whether the firing at Haywood
was intentional there was no attack made
on Browns men until after Haywood was
shot by the armed men in the Winchester
span Of the bridge.
Col Washington recalled-The negotia-
tons were opening with Brown for the re,
lease of the prisoners before the general firing
commenced on Monday; does not know
whether all the prisoners signed the propo,
sitions for the suspension Of the firing; be,
fore the opening of the negotiations Brown
frequently suggested that the prisoners sho'd
cross the bridge with him to the second cana
lock, and not to be fired upon until after
they had reached that point; no objections
were made by any of the prisoners to thG
proposition Brown said he was too old q
soldier to yield the advantage he possessed
in holding hostages Browns son was woun
ded during the day in the breast, the bal
passing around to the side, but he took hi,
weapon and fred frequently before bis sui
! fcrings compelled him to retire. He adds
J Capt. Brown frequently complained of tins
bad faith Of the people in firing on the flag 0
truce; heard him max. no threat or ever
! any vindictiveaess against the teOplc; Mr.
/ Brown went out and brought in a promise
that the people would not fire while the ne
gOtiations were pending cannot say that al
| the firing of Capt. Brown or his men was in
selfdefence; heard Brown give frequent
! orders not to fire on unarmed citizens. The
| first firing was against the engine house
Brown said the people appeared to pay but
! little regard to the lives of the citizens
and we must take The chances with him
after the first attack on the engine house by
| the Marines, there was not a general cry o.
surrender; one cried to surrender, but the
others fought on Brown had his rife in his
hand when he was struck down by the Ma
rines. and cut over the head with SWORD
hy Lieut. Green Mr.. Hunter laid before
the jury the printed constitution and ordi
nances of the provisional government, reser
wing the two first clauses of the preamble
the It'll, 45th, and 4Sth, articles and briefly
summing up the other portion of the consti
tuition. Sheriff Campbell knows the hand