The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-31
THE HARPER'S FERRY INSURREC TION.
TRIAL OF CAPT. BROWN.

delay to enable them to have an interview with
him. Th arrival of H. Grswold, ESQ. from Cleve-
land, Ohio, to take part with George H. Hoyt ESQ.,
of Boston, in the defense has increased the excite
ment. 1t is also said that Samuel Chiffon, Esq. of
, Washington, who arrived this morning, will ioin
the Defense that the case will take new course
this morning.
The speech Of Capt. Brown, last evening, repud-
ating his counsel, Messrs. Bolts and Green, who
had certainly done all in their power, for case so
utterly indefensible, has incensed the community
against him to extent that can scarcely be res
trained
PROCEEDINGS COMMENCED.
At II O'Clock the prisoner was brought into Court,
and laid down on his cot. He looked quite feeble
and haggard, and the effect of the excitement
of last evening, was quite visible in his counten-
ance.
Mr.. Hoyt, of Boston, entered Court accompanied
by II. GriswCld, and Samuel Chiffon. ESQ s. the
latter two gentlemen taking the oath as ATTORNEYS
in this Court. Mr.. Hovt having entered as counsel
last evening, Messrs. Chiffon and Griswold acting
associate counsel.
Mr.. Chiffon thought it due to himself to make
an explanatory statement before the trial should
proceed. He yesterday very unexpectedly
called upon to come here and take part in the de-
fence OF the prisoner at the bar. took some time
to consider the proposition, and finally agreed to
come on under the expectation of finding Messrs
Bolts and Green still in the cage On arriving
here, however, learned for the first time the course
stances, however would render it impossible for
him to discharge full duty of counsel, not having
had time to read the indictment or examine the
evidence already taken. He would make no motion
for delay-this a matter entirely within the
discretion of the court, and if the Judge thought
proper to refuse to grant any pOstpOnement he
| knew it would be done under a sense of DUTY
These extraordinary circumstances would also rem
der it impossible for his associate Mr. Griswold to
discharge the full duty of counsel. A short DELAY
of few hours, if the Court thought proper to
grant it, would enable them to make some prepara-
| ton.
The Court decided that the trial must 90 On
Counsel had been assigned to the prisoner here of
his own selection, who had labored zealously in his
| behalf, and had withdrawn because the prisoner
had yesterday evening declared in open court that
he had no confidence in them. No obstacle has at
any time been thrown in the way of the prisoners
having an ample defence. If this was the only
case of this kind before this Court. he would at
once grant the request, but several similar cases
remain to be disposed Of This term will very soon
end and it his duty to endeavor to get through
with all the cases if possible in justice to the pris-
| oner and in justice to the State. The trial must
| therefore proceed.
Mr. Hoyt remarked that yesterday the Attorney
for the Commonwealth produced various papers in
| Court, which were identification what purpose he
knew not, but presumed we should be informed
some as being in Capt. Browns handwriting and
| some as bearing his endorsement. w have hastily
examined those papers, and wished to object TO
some OF them. The learned gentlemen associated
with him in the trial had not examined them, but
he supposed the Court would not regard that as
material under the present ruling.
! MIR. Hunter (interrupting. Mo need of argu.
ment about the matter. Designate those you wish
to object to.
Mr.. Hoyt.-I desire to know the object of counsel
| in introducing those papers.
. Mr.. Hunter.-The papers will speak for them
| selves. If you will designate which of them YOU
object to, we will 60 at once.
Mr. Hoyt.-I object to this autobiography of Capt
| Brown. as having no bearing on this case.
Mr. HuDtnr II Withdraw
| Mr.. Hoyt.-I object to the letter Of Gerrit
Smith.
Mr.. Hunter.-I withdraw that too
Mr.. Hoyt.-I handed to the clerk last night list
of names wished summoned as witncsses-Saml
Stricken Henry Ault, Benjamin Mills John f.
! p Dangerfeld, and Capt. Sim. | got a dispatch
Just now informing me that Capt. Sim had gone to
Frederick, but would return in the first train this
morning, and would come to Charlestown this
| afternoon | would like to enquire whether the
process had reached Capt. Sim at Harper's Ferry
Sheriff Campbell replied that the officer stated
that Capt Sim had gone to Frederick
Mr.. Hunter.-He was here yesterday. | hope we
will proceed with some other witnesses.
John E. P. Dangerfield called-Testifed that
he was an officer of the Armorv. He was a prison.
er in the hands of Capt. Brown at the engine house
Negotiations were going for the release of all
the prisoners before the firing commenced. About
dozen black men were there armed with pixies
which they carried most awkwardlv and unwilling
ingly. During the firing they were living about
asleep, some of them having crawled under the en-
gines Witness is free TO say, that from the treatment
OF Capt. Brown he had no personal fear from him
! or his men during his confinement Saw one of
the men shot in the engine house who fell back and
exclaimed "lts all up with me-" ane he died in a
few moments. This he learned was one of Can't
| Browns sons. Saw another young man come in
wounded and commence to vomit blood, who was
also of Capt. Brown, and was wounded
whilst out with Mr.. Kitzmiller.
The prisoner complained frequently of his men
| being shot down whilst carving far Of truce
Mr. Hunter complained of going over again the
facts heretofore elected, all of which were
I freely admitted by the defence
Mr. IIoyt stated that he regarded it as the only
feasible line OF defence to prove these facts. 1t was
the duty Of counsel if possible to show that Capt
Brown not guilty of treason, murder or in
surrecton, according to the terms of this in let
ment We hope to prove the absence of malicious
intention
Mr. Hunter frank to admit that he could not
put regard their course as merely calculated to
waste time.
Mr. Hoyt would remind the Court that the course
being pursued was not only in accordance with
their conviction of duty, but in accordance with
the express commands of the client
The Court remarked that the counsel were res
ponslbe to the Court to conduct the according
| to the rules of practice.
Mr.. Hoyt thought the language of the prosecu-
ton was calculated to impugn the honor of counsel
| for prisoner.
Mr.. Hunter-Nothing of the kind was intended.
1t is presumed gentlemen will conduct the case in
accordance with their duty counsel and their re-
sponsibility to the Court
Mr.. Dangerteld resumed-heard some CONVEX
sa:ion by Capt Brown to having it in his pow
er to lay the town in ashes and carving off the
women and children, but that h. had refrained
| from doing. Heard him make no threats that
he would do so. The only threat | heard from
him was at the commencement of the stormng of
| the engine house. He then said that we muust all
take equal shares with him. that they could no
longer monopolize the places of safety. He howev-
er made attempt to deprive us of the places we
had taken. Brown promised safety to all descrip-
| N mr. cla A. Al
time of the assault by the Marines one Of the men
cried out for quarter. He had heard the same man
in a conversation with Brown during the night
ask him il he committing treason against his
country in resisting the Marines, to which Brown
replied that he was. The then said 81 will
fight no longer that he thought he was merely
fighting to iberate the slaves After the attack
was made on the engine house two of Browns men
cried for quarter. They laid down their arms but
after the Marines burst open the door these men
picked up their arms again and resumed the fight.
After the first attack Capt Brown cried out to
surrender, but he was rot heard. Did not see him
fire afterwards; saw COppee attempt to fire twice,
but the caps exploded. Witness Capt. Brown
wounded by thrust from a sabre on his hip and
| several sabre cuts on his head. When the latter
wounds given Capt. Brown appeared to be
shielding himself with his head down, but making
resistance. The parties out side appeared to be
firing they pleased.
Major Mills, master armorer, was sworn-Witness
was one OF the hostages of Capt. Brown confined
in the engine house Before the general firing com.
| menced negotiations were pending for the release
of the prisoners A paper was drawn up which
| witness refused to sign; another paper was drawn
| up, embracing certain terms and borne by Mr.
| Brua to the citizens outside. The terms were not
| agreed to. The last time Mr.. Brua was ont there
was severe firing, which suppose prevented his re-
| turn. Browns went out with a flag of truce
and was shot; he came back wounded the prisoner
attended him and gave him water Heard Brown
frequently complain that the citizens had acted in
| barbarous Manner he did not appear to have apy
malicious feeling. He undoubtedly seemed to ex-
pect reinforccments; said it would soon be night
| and he would have assistance; his intentions
were to shoot nobody unless they were carving or
| using arms; ''if you do let them have it, This
was while the firing going on
Capt. Brown here asked witness whether he saw
any firing on his part that was not fairly defen-
| siye
Witness-It ght be considered in that light
perhaps the balls came into the engine house pref
! ty thick.
| Question by counsel-Did YOU not frequently 90
| to the door of fhe engine house?
| WitRess-NO, indeed. (Laughter.l
general colloquy ensued between the prisoner
! lying his cot, and the witness as to the part
taken by the prisoner in not unnecessarily exposing
his hostages to danger. No objection was made to
Browns asking these questions in his own wav,
and nterposng verbal explanations relative to his
conduct The witness generally corroborated his
own version of such circumstances attending the
attack on the engine house. but could testify to
| all the incidents that he enumerated: he did not
hear him say that he surrendered. Witness wife
and daughter were permitted to visit him unmo-
-l-1,