Saint Paul weekly Minnesotian., 1859-11-05

the long mdlctment, nlng seven pages was
read-1st, insurrection, I'd, treason, and Sd,
murder. 1.E'@ raai@-- .-.
Harding, on the part of the prosecution,
then addressed the jury, presenting the facts
of the case, and reading the law on treason,
&c. He was followed by Green on the part
Of the prisoner. .-.t s-( >, se
-o' CHARLESTON, Oct 2S-9 P. NJ.
r., Twenty-fourj jurymen, mostly farmers from
a distance, some owning few slaves, were
selected as competent jurors; out of these the
counsel for the prisoner struck off 8 and then
| - were selected by ballot from the remaining
16, as follows: Richard Simberlay, Joseph
Meyers, Thos. Watson, jr., Isaac Dart, John
| G. Mcclure, VIM. Rightstone, j. j. Miller,
Thos. Osborne, l1eo w. Boyer, J. C. Will
| zhiere, Geo. w. Taft, and VIM A. Martini
The jury were not sworn on the case, but the
Judge charged them not to converse upon the
case nor to permit others to converse with
them. .. .....
,...-r.-. - CHARLESTON, VA, Oct. 27.
| =, The afternoon session of yesterday was oc
eupied with the examination of Col. Wash
ington anax,onductar Phelps, but nothing Of
Importance was elected beyond wi at has
already been disclosed in, their published
statements.
Cook passed through Frederick City yester-
day in custody of officers, on the way to
..fn. SECOND DISPATCH
+ Cook was brought here at 10 o'clock this
morning. He says that if Brown had taken
his advice in relation to mounting the men, a
force of one thousand strong could not have
taken them. He says that Fred Douglass ac-
ted tho coward, as he promised to be there
in person. There is great rejoicing here at
the arrest of Cook.
George H. Hoyt, Esq, of Boston, arrived
this morning to act as counsel for Brown
LIE is quite a young man.
PROCEEDINGS OF THE COURT.-The Court
met at IL o'clock Brown was led over from
the Jail, walking very feebly, and laid down
on the cot. ..
Senator Mason entered the Court with Mr..
Hoyt, the counsel from Boston. Senator Ma
son remarked that the testimony given by
Mr.. Washington and Conductor Phelps was
very correct.
The jury was then called, and Mr.. Bolts
announced the arrival of Mr.. Hoyt, who had
| come to assist the counsel for Brown. At
present, however, he did not feel disposed to
| take part in the case. Whenever he should
feel disposed, he would do so.
Mr.. Hunter suggested that be had better
be xualiiied as a member of the bar, on pro.
ducing proof from the Boston bar.
Mr.. Hoyt stated that he had not brought
his credentials. =.
The Court said that was not required for
the strictly legal evidence of the fact, but the
evidence of any citizen would answer.
Mr. Green said that his yfpor ho1 roo1
letters from the fellow students of Mr.
Hoyt, alluding to him as member of the
bar.
Mr.. Hoyt then took the customary oath,
and the testimony was then resumed
Conductor Phelps being recalled, Mr.. Bolts
put question to the witness, prepared by
| Brown. AnsWer.-The firing was conmeced
by those men on the bridge who shot Hay
wood. The next firing was by ThrockmOr-
ton Does not know whether the firing at
Haywood was intentional. There was no at
tack made on Browns men until after Hav-
wood was shot; he was shot by the armed
men in Winchester span of the bridge.
By Mr. Bolts.
Col. Washington recalled.-Thc negotia-
tons were opening with Brown for the re-
lease of the prisoners before the general fir
ing commenced on Monday. Does not know
whether all the prisoners signed the PROPOSE
ton for suspension of firing before the OPEN
ing of negotiations. Brown frequently sug-
gested that the prisoners should cross the
bridge with him to the second canal lock, and
| not to be fired upon until after they reached
that point No objection was made by any
| of the prisoners to the proposition. L. said
he was too old soldier to yield the advan-
| tage he possessed in holding hostages. Brown
was wounded during the day in the breast,
the ball passing around to the side, but be
took his weapon again and fired frequently
before his suffering compelled him to retire.
Heard Capt. Brown frequently complain of
the bad faith Of the people in firing on the
flag of truce. Heard him make no threat, or
manifest vindictivenesS against the people.
Mr.. Brewer went out and brought in prom
ise that the eople should not fire while the
negotiations were pending. Cannot say that
all the firing of Capt. Brown or his men was
in selfdefense. Heard brown give frequent
orders not to fire on uuarmed citizens.
The first firing was against the engine
house. Brown says the people paid but little
regard to the lives of citizens and we must
take the chances with them. After the frs:
attack on the engine house by the marines,
there was not a general cry of surrender
One cried, 81 surrender" but the others
fought on Brown had his rife i'm his hand
when he was struck down by the marines and
cut over the head with a sword by Lieut.
| Greene. w.
Mr.. Hunter laid before the jury the print
ed Constitution and ordinances of "Provision-
al Government" reading the two first clauses
| of the preamble, the 7tll, 45th and 48th ar
ticles and briefly summing up the other por-
tions of the Constitution
Sheriff Campbell knows the handwriting Of
the prisoner; has copied letter for him. '~
Brown, the prisoner, said he would himself
identify any Of his handwriting, and save all
that trouble. He was ready to face the mll-
| sic. ..r.'
Mr.. Hunter said he would prefer to prove
them by Mr.. Campbell )
Brown-Either way, as you please ;"
| A large bundle Of letters was produced,
each of which was identified by MIR. Campbell.
They were then handed to Brown, who at
the first glance replied to each: "That is
mine." The letters and papers were about
fifty in number. i
Mr.. Hunter read the list of members of the
Convention. 1t was headed: William Charles
Morris, President of the Convention II.
Kagi, Secretary of the Convention. On hand.
ing the list to Brown, he exclaimed with q
groan That's my signature" In reference
to another paper, he replied: ~ have nothing
to say about that" The letter from, j. 4
Giddings acknowledging the receipt Of lette,
from Brown, ard saying that he would b.
pleased to see him at his house during tte
summer, was read. Mr. Hunter then read
the letter from Gerrit Smith, about the "Kan
sas work." already published. .5 10 r.l.
Here the prosecution rested. 70 r.,
lrl-l THE TESTIMONY FOR Tue DEFENCE. -hi
II The defence called Joseph A. Brewer, who
testified that he was one of the prisoners ir
the engine house with Colonel Washington
and others. Brown remarked that the pasis
oners should share the danger. They wers
allowed shelter themselves as well they could
Cross went out with a iIas Of truce aD.sal,el