The weekly Anglo-African., 1859-11-05

SuHtJ VI noL guilty., anu WOul0 then e0s
slider Mr.. Browns request.
The prisoners were compelled to Stan
during the arraignment, Stevens being he'll
upright by two BailifEs
The reading of the indictment occupied
abont twenty minutes. Each of the pris
oners responded to the question, ''Not gull,
ty,' and desired to be tried separately.
Mr.. Hunter-The State elects to try
John Brown first.
Mr.. Betts-l am instructed by Brown to
say that he is mentally and physically IN,
able to proceed with his trial at this time
He has heard to-day that counsel of his
own choice will be here, whom he will. Of
course, prefer. He only asks for DELAY
OF two or three days. 1t seems to me b1t
a reasonable request, and | hope the Court
will grant it.
Mr.. Hunter said his own opinion was
that it was not proper to delay the trial Of
this prisoner for single day, and that there
was no necessity for it. He alluded in Gen.
eral terms to the condition of things with
which they were surrounded. They were
such as rendered it dangerous to delay, to
say nothing of the exceeding pressure up,
on the physical resources of the communi.
ty, growing out of the circumstances con.
nected with affairs for which the prisoners
were to be tried. In reference to the ply.
steal condition of Brown, he asked the
Court not to receive the unimportant state.
ment of the prisoners as sufficient ground
for delay, but that the iailor and physicians
be examined. AS to expecting counsel
from abroad, he said that no impedimen.
had been thrown in the way of the prise.
nerS' procuring such counsel as they de,
sired; but, on the contrary, every facility
had been afforded, able and intelligent
counsel had been assigned them here, and
he apprehended there was little reason to
expect the attendance of those gentlemen
from the North who had been written to
There was also public duty resting upon
them, to avoid as far as possible within the
forms of law, and with reference to the +.
great and never to be lost sight of giving |
of fair and impartial trial to the prisoners, /
the introduction of anything likely to I
weaken our present position and give 7.
strength to our enemies abroad, whether it
issues from the jury in time, OR whether it
comes from the mouths of the prisoners or
any other source. 1t was their position
that had been imperilled and jeopardized,
as they supposed, by enemies.
Mr. Harding concurred in the objection
of Mr.. Hunter. on the ground Of danger
in delay, and also because Brown was the
| Ioo1o, e 1bo o1J hi,
ought to be proceeded with on account Of
the advantage thereby accruing in the trial
of the others.
Mr.. Green remarked that he had had no
opportunity of consulting with the prison.
er or preparing defense. The letters for
Northern counsel had been sent of, butnot
sufficient time had been afforded to receive
answers Under the circumstances he
thought a short delay desirable.
Mr.. Bolts added that at present the ex
element was so great as to deter Northern
counsel from coming OUT but now that it
has been promised that the prisoners should
have fair and impartial trial, he presumed
that they would come and take part in the
case.
The Court stated that if physical ina6il.
ity were shown a reasonable delay must be
granted. AS to the expectation Of other
counsel, that did not constitute sufficient
cause for delay, as there was no certainty
about their coming. Under the circum-
stances in which the prisoners were situat
ed, it was natural that they should seek
delay. The brief period remaining before
the close of the term of the court rem
dered it necessary to proceed as expedi,
tiously as practicable, and to be cautious
about granting delays. He would request
the physician who had attended Brown to
testify rs to his condition.
Mr.. ason thought Brown was able to
go on understandingly with the trial He
did not think his wounds were such as to
affect his mind or recollection. lie had al
ways conversed freely and intelligently
about this affair. He had heard him COM
plain of debility but not of hardness Of
hearing.
Mr.. Cockerell, one of the guards at the
Jail, said that Brown had always been rea
dy to converse freely.
Mr.. Avis, jailor, sworn-Had heard
Brown frequently say to persons visiting
him that his mind was confused and his
hearing affected
The delay asked for by Brown was re-
fused.
The following were finally fixed upon as
the twelve jurors:
| Richard Timberlake, Jacob NJ Miller,
| Joseph Rivers, Thomas Osborne,
| Thomas Watson, Jr., George w. Boyer,
| Isaac Dust, John C. Wiltshire,
| John G. Mcclure, George W Tapp,
| William Rightsdale, William A. Martin.
| The jury were not sworn on the case,
but the Judge charged them MOTTO converse
upon the case or permit others to converse
with them. They were dismissed at five
o'clock, and the prisoner was then carried
over to the Jail on his cot, and the Court
adjourned till morning.
SECOND DAY
Brown was brought in walking, and laid
down on his cot at full length within the
bar. lie looked considerably better, the
swelling having left his eyes
MeSsrs Hardincr and Hunfnr AGAIN an