New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-27

orers stating that cre Of the council FaukneYi Ap
pointed by the CocD'y Court Considering his duty ia
that capacity a. having erced, had left. The pnsoo-
ore-r therefore bad 10 other couns, than M. Bss.
II the Cour. about to sssisu them other counsel,
It might be proper to do 90 nov.
Tn COURI stated that il vouli assign them any
members Ct The bar they might select
After consulting Capt Brown, NJ. BIu said tat
toe pisoptr retained BIN. and desired ~ have Mr..
Greer bis sseistsn 10 sssiSt him. II tie Court would
soctde TO that arrangement i, would be very agrees
bic 10 INN pertorany.
The Court r.ques ed Mr. Green to set q counsel for
the prisoner, ard he consested to do 90.
CAPT. BRows then arose and said: I DO not Intend
to detsn the Ccurt but bsrey wish to say, a. have
beer prcuistd fair pial, tba. sm not ncw 10 cir
cuustAI that enable TO attend trisi owing 20
back, o, rather il one kidney, which enesblss q.
very much. But sui doug we'll, ard only ak for
very short delay Of my tral, AID tbIk | may get
able to step TO it, ana merely ak this that ss tue
saypg is, "the oevi may have his dues, no more.
| wish 10 cay, further, this. my hearing is
impaired ard rendered incst;nct IL Consequence Of
WOUNDS 1 have about my hesd. | cannot bear dls'
tIc'y at s Icould lot Iesr what tbs Cout hiss said
ny trial, ard low oo;rg better than could expect
10 be uroer tie Circumstances. very short delay
would be all l would ask. 1 do not presume TO ask
more than very short oelsy 20 thS I usy in some
degree recover, sDd be able at least to listen to my
trial ard sha questions asked Of the citizens,
snd wba' their II that could be allowed
NE, should be very much obliged.
Mr.. HUNTER sad that the request wa rather prem.
AZURE The srAermen. could be made, and this ques-
tion could Their be ccDtidefed.
The CouKI ordered the indictment to be read, 90
that tie prisober could plead guilty or lot guilty,
aid would then consider Mr. Browns request.
Tie prisoners compelled to stand during the
aIIsignmen' but it wss With difficulty, Stevens being
held uprigi, by two bsifs.
TIE reading of tie indictment occupied about
e tba AA N
the question "No. Guilty, asd desired to b tried
epnately.
Mr.. HUs1lR-The State elects to try John Brown
first.
Mr.. BoTT.-I am Instructed by Brown 70 cay thst
be il me italy ana physically unable tn proceed With
bis trial the time. He heard to day that coun-
eel of bis own choice Will be here, whom be win, OF
oouI.e, prefer He Only axis for a delay Of two or
three dsye Ii seems 10 NE but reasonable requeet,
and bope the Court viii grant it.
Mr.. HUNTER said be do lot think IT the duty OF the
prosecutor for the Commonwealth or for one occupy
ing the petition TO oppose anything that justice re-
auIed rof 10 object t. anything that involved elm.
pie Consideration Of bum SIXTY, where it could be prop
tr allowed ye, in regard to this proposition TO delay
the trial Of John Brown two or three days they deemed
it their duty that the Court before determining mat
tiers tboud be put in possession OF facts and cream
staDces judciaDy that they were aware OF In the line
Of tbeiI duties a. prosecutor. his o~n opinion Wss
that it was hot proper TO Delay the trai OF this prisoner
q sipele dsy aud that there was no necessity Tor IL
lie aluced in general terms to the condition Of things
that surrounded them. They were such a. rendered 1t
dangerous to Delay, to say nothing OF the exceeding
pressure Upon The physical resources OF the immunity
growing out e circumstances connected with affairs
for which TIE prsoLers were to be tired he SAID our
laws in uakirg provisions for allowing IN the discre
tCD Of the Court brefer time than usual In cases OF
convict Cd for such offenders, between the condemns
ton ard execution eyioeLtly indicates indirectly, the
necessity Of acting promptly and dec,sivsly though
always Justly proceedings Ut this KIND 10 reereoce
81 kA1 hQ rot
70 receive the unmporsDt statements Of the prisoners
as sufficient ground for delay but that the s lor and
physicians be examined. As to expecting counsel from
abroad he sad that no impedinent had been thrown
in the way Of the prisoners procuring fuch couhsei as
they Tes,red but on the contrary every facility bad
been aforcrd abe aud intelligent counsel had been
aseigLed them here, and lie apprenelded that
there was little reason to expect the attendance OF
those gepilen from the North who had been written
for. There was also public outy resting upon .hsn
10 avoid as far az possible, within the forms OF law
ard with reference 10 the great and never TO oeoss
tight of evirg Of fair and impartial trial to the prs
obers the introduction Of any tnBg likely to weaken
our preseLt poson and give strength to our epeniee
abroad whether 1t issuos from the jury In tune, or
Whether il from the nootns Of the prisoner OF
ary other source. Il their potion that had been
inperlled and jeopardized, as they supposed, ~
enemies . . 81,
MIR. HARDIsG corcured in the objection CT Mr.
UuItef on the u )und Of danger In delay, ana aso
be- canAe Brown re leader OF the insurrecton and
bis trial ought he proceeded with on account OF the
advantage thereby 1ng in the trial Of the others
MIR. GREEs remarked that he bad had no opooru.
pity Of COZ sulting the prisoner or preparing
defense The letters for Northern counsel b al been
sent off but not sufiicen time hsd been afforded TO
receive Under the circumstances he thought
short delay desirable.
Mr. Boris added that at present the excitement vas
20 great as perhaps 70 deter Northern counsel from
coming ont, but row that it had been promised that
the prisoners should have fair and impartial fnal ne
presumed that they would come ard take part In the
Gaze. . ,,.
The Court stated that Ihysical insbilty were
showp a reasonable delsy must be grated AZ
20 the alton Of other counsel that did rot con-
sttute sulcect fer delay, as there was no GER
tartv about their coming. Cncer the circurnSances
in which the prisoners were situated, It was rsopai
that they sbould seek delay. The bnef psno1 re-
msIry before the close Of The ter Of tie Court rem
dere6 Il Necessary to proceed aseIpedluousy az prec
ticable ana to be cautious about granting deays lie
would r. quest the physician who had attended brown
to testify as to bis condition.
Dr. MASON though, Brown was able 20 70 on under
fandrs ely ~ith ib. trial He old not Think his wound:
were such IA 10 affect his mind or recollection lie mao
always coryersed freely and diligently about thus Al
fair He had heard him complain Of debility bu not
Of hardress Of hearing So
Mr. CocKkRELL one Of the guards at the all, said
that Brown hsd always been ready to converse freely
Mr. AVIS tailor sworp-lIat head Brown frequent
ly saw 10 persons visiting him tina. bis mind vas con-
fused arc his hearing effected. He would not Ike 10
give any opinion as &c bis sbityt
fAt hs point the telegraph from ChATes.on ceased wofhn
owing the stern prevailing there