New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-28

seeks TO immunity Of the kind
| This movement Ia made totally without his sppro-
baton or CONCURRENCE and was unknown to him, till
| the receipt Of the disp.tch above.
Brown then raised himself up in bed, and ssid: GO
will add, if the Court viii allow me- that look upon
| it az miferabie artiice and pretext Of those who
| ought 10 take different course in regard TO me- If
they took epy at sl, and view il with contempt
more than otherwise AZ remsrked to Mr. Green,
insane persons, far my experience goes, have
but little ability to judge Of their own sanity; and,
if am insane, of course should think know
than al the rest Of the world. But do not think
/ an perfectly unconscious Of insanity aud reject,
far am capable, any attempt to interfere IN my
behalf on that score"
J Mr. Boris stated that be was further instructed by
Mr. Brown to say that, rejecting this plea entirely,
and seeking no delay for that reason he does repeat
to the Court bis request made Yesterday tba time be
given for the foreign counsel to arrive that he has
low res8on to expect.
Yesterday afternoon dispatch was received from
Cleveland, Ohio, sigIed a" Dan. TiideD," dated Oct
26 asking Brown whether it would be Of use for coun-
gel TO leave last night. To this dispatch answer
returned that the Jury would be this morning,
and that Brown desired the counsel to a. once.
The elegraphic operator here stated that this dis
patch would be sent off at once in advance OF the
dispatches sent by reporters and he had learned THIS
morning that it cent before the storm Of last night
Interrupted communication, and that counsel might
reach here by II or o'clock to night.
The course taken by Brown this morning makes it
evident that he sought postponemen for the mere
purpose of delay, he rejects the plea Of inssuity
Stl in bis opinion he could have fsirer trial if the
defense conducted by his counsel than if he
pded nv Tho couraeI sf here
Mr.. HUNTER observed that the prisoners counsel
having renewed the motion Of yesterday for delay for
specifc period indicated and based upon informs
ton received in the form of the telegraph, the ques
ton now was whether there was efficient grounds 10
this additional information 10 change the decision
nounceo by the Court Yesterday The same motion.
IL the Court did rot a. deem this circumstance
wholly insufficient before the decision was made the
counsel for the Comment deemed it bis duty to
call attention to two or three matters connected with
the affair. Though DESTROYS TO avoid forestang the
trial OF this case in regard to the present At
the bar they were prepared to prove that be had
made open repeated ard constant O~ledgment OF
everything charged against him. He bad glored IN il,
and we have but exhibition Of the same spnit
and the cane purpose IN bis announcement that
he would permit no defense of insanity to be put in.
What does be mean by wishing delay Tor the purpose
Of having fair trial In proper sense and in the
only in which il can be regarded by the Court 1t
is fair trial according 10 the laws OF Virgins, ano
the safeguards against wroDgiDg the prisoner winch
these laws throw around him. II the prisoners idea
OF fair trial is to have it hsped a. to produce
fairness in bis conception outside Of what the laws
recognize it becomes the duty Of the counse for the
Commonwes tn, ard, he spprehended OF the Court,
10 resist any attempt Of that kind Considering the
surrounding circumstances, 10 which 1t was unneces
ssIy TO particularly advert there could be no night to
clam delay except far as the prisoner could show IN
reliable form that such delay necessary to DO Justice
IN his particular case according to the laws and pohcy
Of the State of Virginia. In regard TO the telegram
Cd Gr,oty rntx, bo lia NJ Iau a
not whether he is 10 come here counsel for the prs
oner whether he wants to head band Of deapera-
does We have right to believe the lattsr as well az
the former. There had been time enough since the
letter for Northern council mailed last Saturday,
for II 10 reach him. and for bin to arrive here ere THIS
if he had designed coming. II was fairly niersoe that
be did not intend to come, and the telegraph OH NOT
say be would come. But might it not be attempt To
gain time and learn the latest day when rescae could
| be attempted While commencing the earnesfness
and zesl of the prisoners counsel, be must sek the
Court TO reject the motion, and proceed with the tai
| at cree.
Mr. HARDING would be reluctant to withhold from a
prisoner charged with crime of the gIestet enorny
in the present case anything cslcuafed 10 anord
him the amplsst opportunity OF Justice; bat be had able
and irtt igent council assigned him, who would see
that he was fairly ard mpatialy tried, and he there
fore fully corcuned with the remarks OF MS cosague
in Opposing the motion He referred also to the fact
that Brown pref. nded yesterday afternoon tns ne va
unable 10 WALL and was brought into Court on bed
yet he walked hack 10 jail after the close OF the tia
without difficulty lie thought those were mere pre-
| lenses for delay which the Court should override.
| Mr. GREEN remarked that one days desy would
sufficient to ascertain whether the expected counse
would not AID 10 prejudice could result 10 the
| Con monweath fom a small delay OF inst character
In reference 10 the new matter brought 10 the coDsld
Grafton Of the Court he did lot believe the prisoner
| had made sny ackDow gmeDt upon which be could
| be convicted All the acknowledgements 30 Tar as lie
knew their character referred to the esson ana those
confessions, according to law, insufficient TO
| convict q party who may have ackno gsdged the
fact in the plhnest manner to one hundred wlneses
for if that all the evidence upon when the common
| wealth relies the prisoner cannot be Convicted, Dc
cause cur code provides that such confession sha De
| made il open court and the prisoner has denied IN
open cour,, by putting in plea OF not guilty A. 10
sufficient time having espsedf for council toreach mere
II was reasonable suppostion that the persons 10
| whom Brown wrote we're absent, and ola mol imhe-
6ately receive the letter. The Commonwealth ator-
rey does not know who Lewis IL, but he Is an exnem
Der Of Congress, and said to be man OF resp oaoiy
As to What is called Browns sham sickness oi yeter-
day. il shOnld be remembered that Il was not theD,
nor is il now made the ground Of application for delay
He did not think this trial should be hurried through,
for the reason that might be apprehended, Tor
| sueh eaIs were idle.
The CouRT stated that he must see in this case as
in any other that proper for delay WAS maize
out before granting such application. In the present
Gaze he could not that the telegram gave any as
suanee that tbs aeditOnsl coupse, intended 10 come
The prisorer is now defended by counsel, who will
take that improper evidence is sdduced against
him and that all proper evidence III his behalf shs DO
presented lie could not see that proper csuse for
DELAY WAS made out The expected counsel might ar.
rive before the case closed and could then see all
| the testimony which had been taken ard thus the
prisoner nigh have the benefit OF their advice although
The case proceeds. AS to the matter OF INSANITY
il was not presented in reliable form; instead OF
mere statements, should have stdsvts, or some
thing Of that character lie thought therefore this.
| the Jury should be sworr and the trial proceed
| The Jury having been sworn to fairly and impair