The Kansas herald of freedom., 1859-11-05

if $4,000 was needed, c. S. was good for
one-ffth.
Brown tells them to let women write
letters, not men.
There is also a letter from J. E. Cook,
stating that the Maryland election was
about to come off, that the people will be-
come excited, and we will get some of the
candidates to join our side.
The Court met at 10 O'Clock, and the
Grand Jury retired to resume the exami
nation of witnesses, and the Court took
recess while awaiting the return of the
Grand Jury.
At IL O'Clock the Court resumed, and
the Jury reported true bill against the
prisoners, and were discharged.
G. B. Harding, assisted by Andrew
Hunter, represents the commonwealth.
Chas. j. Faulkner and Lawrence Bolts
are counsel for the prisoners.
The true bill was read against each
prisoner for conspiracy with negroes to
produce insurrection, and for treason
against the commonwealth, and for muir.
der.
The prisoners were brought into Court
accompanied by body of armed men.
They passed through the street and en-
tered the Court House without the slight
est demonstration on the part of the peo-
pie. Brown looks somewhat better-his
eye is not so much swollen.
Stevens had to be supported, and re-
clined on mattrass on the floor of the
Court Room, evidently unable to sit up.
He hes the appearance of an almost
dying man.
Mr.. Brown arose and said-I do not in
tend to detain the Court, but merely wish
to say, as l have been promised a fair
trial, am not now in circumstances to
attend trial, owing to the state of my
health. have severe injury in the
back, or rather in one kidney, which en-
feebles me very much, and l am doing
well, and only ask for short delay of my
trial, thinking that l may get able to list
en- to it, and merely ask this, as the say
ing is, that the devil may have his DUE
wish to say further, that my hearing is
impaired and rendered indistinct in con-
sequence Of wounds 1 have about my
head. I cannot hear distinctly at all. I
could not hear what the Court said
this morning. would be glad to hear
what is said on my trial. am now doing
better than l could expect under the cir
cumstances, and it will be but a short
time until recover.
Hunter said the request was rather pre-
mature. The arraignment could be made,
and this question could then be consid-
cred.
The Court ordered the indictment to be
read, so that the prisoner could plead
guilty or not guilty, and then it would
consider Browns request.
The prisoners were compelled to stand
up during the arraignment. Brown stood
up with difficulty, and Stevens was held
Upright by two bailiffs.
Porte Crayon was present and took
sketches of the prisoners as thus ar
raigned
The reading of the indictment occupied
about twenty minutes.
The prisoners each responded to the
usual duestion-not guilty; and desired
to be tried separately.
Harding-The State elects to try John
Brown.
The Court-His condition must be in
quired into.
Botts-I am instructed to say, by Mr..
Brown, that he is mentally and physically
Unable to proceed with his trial at this
time. He also heard to day that counsel
of his own choice will be here, whom he
will bf course prefer. He asks only for
a delay of two or three days. 1t seems to
me but reasonable request, and hope
the Court will grant it.
Mr.. Hunter said be did not think it
the duty of the prosecution for the Com
monwealth, or any one occupying that
position, to oppose anything that justice
required, nor to object to anything that
involved simple consideration of hu-
manity, when it could be properly allow
ed. Yet, in regard to this proposition to
delay the trial of Brown one, two, or three
days, they deemed it their duty that the
Court defer determining the matter until
they should be put in possession of the
facts and circumstances judicially that
they were aware of in the line of their
duties as prosecution. His opinion was
that 1t was not proper to delay the trial
of this prisoner for single day, and that
there was no necessity for it. He alluded
in general terms to the condition of things
with which they were now surrounded,
they being such as rendered it dangerous,
to say nothing oe the exceeding pressure
upon the physical resources of our COM
inunity, growing out of the circumstances
connected with the affair, for which the
prisoners are to be tried, and that our law,
in making special provisions for allowing
a briefer time than usual in case of con-
viction between condemnation and exc
cution, evidently shows, indirectly, the
necessity of acting promptly and decisive
ly, though always justly, in proceedings
of this kind.
In reference to the physical condition
of Brown, he asked the Court not to re-
ceive unimportant statements of the pris-
oners as sufficient ground for delay, and
that the jailor and physicians be exam
ined. As to expecting counsel from
abroad, he said no impediment had been
thrown in the way Of prisoners procuring
such counsel as they desired, but on the
contrary, every facility was afforded, and
he apprehended there was little reason to
expect the attendance of those gentlemen
of the North who had been written to
there was also a public duty resting upon
them to abide, as far as possible, within
the forms of law, and give fair and i'm
partial trial to the prisoners. The intro
duction of anything likely to weaken our
position and to give strength to our ene-
mics abroad, no matter from what source
it issued, should be guarded against.
Mr.. Harding concurred in the objec-
tons of Mr.. Hunter, on the ground of the
danger in delay, and more so as Brown
was the leader of the insurection, and
his trial ought to be proceeded with on
account of the advantage thereby of ss-
curing the trial of the Others.
/ Mr.. Green said he had had no oppor.
tunity of counseling with the prisoner.
or for preparing defense, and that undeI
the circumstances he thought short de.
lay desirable.