The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-11-03

! course in regard to me, If they TOOK any at al
And / view it with contempt, more than other
wise, as remarked to Mr.. Green. Insane per-
sons, so far as my experience goes, have Dut
very little ability to Judge OF their own insanity
and if / am insane, of course i should think
knew more than all the rest of the world, but
do not think SO. / am perfectly unconscious
of insanity and view with utter contempt,
and l reject, so far as / am capable, any at
tempt to interfere in my behalf on that score"
Mr. Bolts stated that he was further in
structed by Capt. Brown to say that, rejecting
this plea of insanity entirely, and seeking no
delay for that reason, he does repeat to the
Court his request, made yesterday, that time be
given for foreign counsel to arrive, that he now
has reason to expect.
Yesterday afternoon, a dispatch was received
here from Cleveland, Ohio, signed d. Tilden,
and dated the Goth inst, asking Of Capt Brown
whether it would be of use for counsel to leave
last night. This dispatch answer was returned,
that the jury would be sworn this morning, and
Capt. Brown desired the counsel to come at
once. The telegraphic operator here stated
that this dispatch would be sent off at once, In
advance of the dispatches sent by the reporters,
and he had learned this morning that it was
sent before the storm last night interrupted
communication with other points. The coun-
sci might reach here by eleven o'clock tonight.
The course taken by Capt. Brown this morn
ing made it evident that he sought no post
ponement for the mere purpose OF delay. AS
he rejects the plea of insanity STILL in his opin-
ion, he can have fairer trial if the defence
we're conducted by his own counsel, than if he
were defended by the counsel present here.
After argument of counsel on both sides, the
Court decided against delaying the trial. A
plea of insanity must be supported by af6davits.
The jury was then sworn, and the Indictment
read-the first count being insurrectiOn, the
second treason, and the third murder.
Mr.. Harding, the States Attorney, then ad-
dressed the jury and presented the facts as
they have been already published.
Mr.. Green, counsel for Brown, made an in
genious reply, showing that if Brown had COM
United treason, it was against the United
Strtes, and not against the State of Virginia.
He also mentioned many circumstances in ex-
tenuation.
Mr. Bolts, associate counsel, made an i'm
pressiye address to the jury, and showed de-
termination to use every advantage in behalf of
the prisoner. He defended his character, and
spoke of his humanity to the citizens whom he
held as prisoners.
Mr.. Hunter, associate counsel for the State,
rejoined, and denied that Virginia had trans
ferred her jurisdiction with the sale of the
Armory grounds to the United States he
therefore insisted that the offence was commit
ted against the State. he referred to the law
defining treason against the State, showing
that it is more comprehensive than that of the
United States.
The examination of witnesses then CON-
menced on the part of the State, but as the
facts elected have all been published, and the
details would fill our columns, we omit them.
We shall, however, select whatever testimony
may seem to throw new light on the subject
Charlestoscn, "a, Oct. 28.-Capt. Cook was
brought here at one o'clock this morning, from |
Pennsylvania. He says that if Brown had |
taken his advice in relation to the affair, one |
thousand men couldn't have taken them. |
There is great rejoicing here at his arrest
Cook also says that Fred Douglas acted the
coward, having promised to be there in person. |
George H. Hoyt of Boston, arrived here
his morning, as counsel for Capt. Brown. He
8 quite youth in appearance.
The court met at eleven o'clock when Brown
vas led over from the jail walking, but very
eeble. He laid down on the cot as on yes
erday.
Senator Mason entered the court with Mr..
doyt, of Boston, counsel for Brown.
Before the trial commenced, Brown remark
q that the testimony Ct N.Y. We &EssaghtiRGEag4 GHAf
ul.
The jury were called, and answered
NJ al II
who had come here to assist as counsel for the
prisoner. 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 he had better be
qualified as a member of the bar, on the pro-
iuction of proof from Boston.
Mr.. Hoyt stated, that not expecting the ques-
ion to arise as to his being a member of the
Boston bar, he had not brought his credentials
of admission.
The Court said, that strictly legal proof of
The fact was not required. Any citizens evi-
lence would answer
Mr.. Green said his partner had received let
ers from fellow-students of Mr.. Hoyt, abiding
10 him as member of the bar.
Mr.. Hoyt then took the customary oath, and |
the testimony was resumed.
MIR. Hunter laid before the jury the printed |
Government, reading the two first clauses of the |
preamble, and the seventh, forthwith. and for.
ty-eighth articles, and briefly summing up |
other portions of the Constitution
Sheriff Campbell sworn. Knows the hand
writing OF the prisoner; has copied letter for
him.
Capt: Brown said he would identify himself
any OF his handwriting, and save all that |
trouble. He was ready to face the music.
Mr.. Hunter said he would prefer proving
them by Mr.. Campbell.
Capt. Brown. Either way; as you please.
large bundle of letters was produced each |
being identified by Mr.. Campbell, and handed |
to Brown, who, at the first glance, replied to
each, in loud voice: Yes, that is mine"
lhese papers and letters were about fifty in
number.
On receiving list of the members of Con
vention, Mr.. Hunter read it. 1t was headed.
William Charles Morris, President of the Con.
venhon; and II. Kagi, Secretary of the Con-
Venuon. On handing the list to Brown, he ex-
claimed, with groan, That's my signature"
In reference to another paper he said, " have
nothing 10 say about that" He next read
letter from j. R. Giddings acknowledging the
receipt of a letter from Brown, and stating he
would be pleased to see him at his house during
the summer. Mr.. Hunter then read the letter
from Gerrit Smith about Kansas work." as
already published. 1t is dated June, 1859. and
endorsed on the back in Browns writing.
Mr. Bolts here insisted on the right of ex-
aiming the letters before their being read.
Several witnesses for the prisoner we're here
called, and did not answer. 1t was stated the
subPenas had not been returned.
BROWN REPUDIArEs HIS COUNSEL.
Brown here arose from his mattrass, evidently
excited. Standing upon his feet, he addressed
the court as follows:
May it please the court, l discover that not