The Evansville daily journal., 1859-10-28
: son, he does repeat to the Court his request

reason to expect Yesterday afternoon a
dispatch was received from Cleveland, Ohio,
signed Daniel Tildin, dated 26th inst, ask
ing of Brown whether it would be OF any
use sor cousel to leave last night. To this
dispatch an answer was returned that the
jury would he sworn this morning, and
Brown desired the counsel to come at once.
The telegraph operator stated that the dis
patch would be sent off at once in advance
of the dispatches sent by the reporter, and
be had learned this morning that it was
sent before the storm that last night inter-
rupted communication, so that the counsel
ought TO reach here by IL or o'clock to-
night. The course taken by Brown this
morning makes it evident that he sought no
postponement for the purpose of delay, as he
rejects the plea of insanity. Still, in his
opinion, he can have fairer trial, if the de-
fense were conducted by his own counsel,
than il he were defended by the counsel at
present here.
Mr.. Hunter observed that the prisoners
counsel, having renewed the motion of yes
terday for delay for specific period, indica-
ted and based upon information received in
the form of telegraph dispatch. the ques-
tion now was, whether there was sufficient
grounds in this additional information. TO
change the decision announced by the Court
yesterday, on the same motion. lfthe Court
did not a.. once deem this circumstance
wholly insufficient hNfore the decision is
made, the couns the Commonwealth
deemed it their duty 10 call attention TO two
or three matters connected with the affair,
though 6esirous to avoid forestalling the
trial of this case in regard to the present
prisoner at the bar, they were prepared TO
prove that he had made open, repeated aGd
constant Acknowledgements of everything
charged against him. He had gloried in it,
and we have but an exhibition Of the same
spirit and the same purpose i'm what he an <
of insanity to be put in. =, ~. u....ts y =
The point was duly discussed by the
counsel on both sides. i4le
The Court stated that he must see in
this case, rs in any other. that proper cause
for delay WAS -made, before granting snch
application. In the present case he could
not see that the telegram gave any assurance
that the additional counsel intended To come.
The prisoner is now defended by counsel
who will take care that no improper evil
dence is adduced against him; that eyery-
thing proper in his behalf shall be presented.
He could not see that proper cause for delay
was made out. The expected counsel might
arrive before the aaSe was closed, and could
then see all tine testimony taken. Thus the
prisoner might have the benefit of their
advice although the case now, proceeds.
As to the matter ofinsanity, it was not pre-
sented in a reliable FORM Instead of mere
statements, we should have affidavits of
something OF that character He thought,
therefore, that the jury should be sworn and
the trial proceed. ~ ~
The ju.y having been sworn 10 fairly and
/ impartia.ly try the prisoner, the Court di-
rected that the prisoner might forego the
form of standing, while arraiened, If he de-
sired. r-9f.l o. s'.--'s .....,1f.'t . i
Bolts put the inquiry to the prisoner, and
he continued to lie PROSTATE on his cot,
| while the long indictment, filling seven
pages, was read: lst, lnsurrection !; I'd,
Treason Sd, murder.
VIM. Harding addressed the Judge; pre-
sented the facts in The case, detailing the
scenes at the armory; the killing of the
bridge keeper, and the subsequent killing OF
citizens named in the Indictment; seizng
| Lewis, Washington, and Alstead, with
slaves; forming q new government within
the limits of the Common " ealth holding
citizens rs prisoners of war; read the law
on treason as, levying war against the State,
| giving comfort to its enemies, or establish
lug any other government within its limits,
punishable by death. The law against adj
vising with slave to produce insurrection
| cbah xxrtth Tha 81.
izens, capital offense-either of the charges
Of the indictment, if proved, being death
All these charges would be distinctly proven
beyond the possibility of doubt, on the
mind of the jury. He would show that the
prisoners whole object was to rob our citi.
zeus OF their slaves, and carry them off BY
violence, and, he was happy to say, against
the will of the slaves themselves, all of them
having escaped and ruehed back to tbeil
masters at the first opportunity. He con.
cluded, by urging the jury to cast aside al
prejudices and give the prisoners fair anC
impartial trial. Not to allow their hatred
of abalitionists to influence them agains
those who have raised the black flag on th,
soil of this Commonwealth. t..Ha
Mr. Green, on the part of the prisoners
giving the law applicable TO the case re
minded the jury that they are Judges o
law and fact, and that if they have an,
doubt rs to the law and facts of the guilt O
this prisoner, they are to give this persol
the benefit of the doubt. In the first charg
, of treason-a specie act of treason-i
must be proven tn attempted to es
tablish a separate ana. distinct government
and it must also be proven what compose
: REASONABLE acts, before you can convict hir
on those charges. Ii it is intended to rel
on his confessions TO prove treason, the Law
: distinctly says no convictions can be mad
on confessions, unless made in open cour
There must be sufficient evidence to prov
the charge, independent of any confession
out of court; and it requires two distinC
witnesses to prove each and any act {
: treason. t.t -.... '-..s. d.
The second chargs-conspiring with slave
to rebel and make insurrection-the jur
y must be satisfied that such conspiracy VS.
e done within the State of Virginia, an
J, within the jurisdiction of this Court.
d done in Maryland, this Court could n,
s punish the act; if done within the limi
of Harper's Ferry, it could not Attorne
3 General Gushing had decided this poll
with regard to the Armory Grounds
Harper's Ferry, which opinion was read
1t the jury, showing that persons residir
ID within the limits of the armory cann