Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1859-10-29
The Examination of the Insurgents-A
False Alarm.


second days examination Of Brown and his fellow
prisoners. not published by Telegraph. In tho
matter Of the delay asked for by Brown. the Bal.
ilmorc American gives the following proceedings
Capt brown thsn arose and snid
II do not intend To detan the Court but barely
wish Ia shy that. as have been promised fair
trial, that am not now in circumstances that
enable me Ia attend Ia trial, owing to the state
Il my health have severe in Jury in the back,
CT rather in ona kidney, which cnfeebles very
Ianch; but AM ding we'll and ] only ask for II
short delay Of my trial and | think may then
le able 10 listen a. it. ] merely ask this that rs
the saying is. the devil may have his dues
nIure ! wish 10 shy. further, that my hearing il
impaired and rendered n1i.tinct in consequence
# the wounds have received abont my head. |
cannot heat distinctly mt all. | could not hear
what the Court has sniJ this morning | would
lie glad to hear what is said on my trial, and
nn.now doing better than could expect. SO that
under the circumstances very short delay IN all
ak. | do not presume TO ask more than very
short delay, so that may in degree recover.
and he able Mt least To listen my trul and hear
what questions are asked of the witnessed and
what their answers are. Ii that could be allowed
me ] should be much obliged
Mr.. Hunter said that the arrai gnment could
be made, and this question could then be consider.
ed
The Court ordered the Indictment to he road so
that the prisoners could plead guilty or not guilty,
and SAID il would then consider Browns request,
The prisoners were ronpeIlei to stand during the
ARA Inment--Capt. Brown standing with diff
Guilty and Seyohs bsins held upright by two
bniIlii..
P.htc Crayon, the artist. wa' present, and took
sketches 1t the prisoners ~ thus airaigned. The
readin, Of the indictments occupied about twenty
minutes.
The prisoners each responded to tho " ual ques-
ton mot guilty." aud !e>tel t. DO tried scpa
rat"lv.
NJ. llunlcr The STATE elects to try Jno Brown
first.
The Court Iii. condition must first be inouir.
ed into.
Mr.. Bolts: ! am instructed 10 say by Brown
that he is mentally and fhy,ica!ly unable To pro-
coed with his trial Mt this time. lilo has heard to-
day that counsel If his own choice will be here
soon, whom he will. of course prefer lie asks
only Tor delay Of two or three days. 1t seems
to me but reasonable request, and hope that
the Conrt will graut II.
Mr.. lIun'cr: | d, not think il the duty of the
prosecutor for the Commonwealth, or for one oc-
cur>inI that posit on, to oppose anythin; that in
vol,"d a simple Consideration Of humanity, where
il could he properly allowed. Yet in regard to
this Proposition, to delay the trial # John Brown
for ',nr, two or three days, they deemed it their
duty that the Court, hriorc determining the mat
ter, should be put IN possession Of all the facts and
in the limo of their duties as PROSECUTORS His
own opinion was that it was not proper to DELAY
the nal OF tins prisoner n single day, and that
there was M necessity for it. lie alluded in gen
erHl terms to the c,rcums stances bv which they
Were NOW surronndc /. being such as rendered it
dangerous, Ia say nothing of exceeding pressure
upon the physical re, purceS 1T our community
grow ~ out 81 the circumstances connected with
the af r@ l'r which the prisoners were +, he tri-
cd. aui that til" State law, in making special pro-
vislpnr br allowing hrieEcr time than usual in
the cnN' ul CONVICTION "a such offenders within the
discretion tt The cour between condemnation and
execution, evidently Indicates Indirectly the ncces
sity Of acum, promptly aui lcr-iyeiy, though al
way Justly. IN pr'cce lngS Of this kind.
la reference to the phy-ica condition of Brown
he a~kel the Court not IL receive the unsupported
stat"mrns Of the prisoner sufficient ground for
delay. but That til, a.lcr and physician be eralnn-
cd. ~ To- his expecting { unset from abroad he
sad that ~ lmpediment bad been thrown in the
way "l ia" prisoners psoenilnt such counsel "a
they drsI,'l. hut ON the CONTRARY every facility
had ice 'a'oi'"d. Aileand rncl gent counsel had
been a~-lSrcl t. them here. and lie appreheudeI
there va, but little reason to expect the attend
ance Of those gentlemen from tho North VIII, had
been written tn. There was also a nubli,. duty
resting upon them. To avoid ~ far ~ possible
within the i"rn- III law and with references to tho
great end never 10 be last sight Of the giving of n
fair ard impartial trial t. the prisoners tho intro
duction II anything likely to weaken our present
position and give strength to our enemies abroad.
whether it issues from the jury in time, or whc-
Their it comes from the mnuth of prisoners or any
other source. 1t WAS their position that Lad been
imported aal je,rarl zel, as they suppose, by
enemies.
Mr.. lalins eoncu,rcl IN the objections Of Mr..
Hunter, on the ground # danger arising frum de-
lay. and also because Brown was the leader in the
Il, l. 4
wiki account Of the Vantage thereby arcru-
in. in thu trial Of the other. Mr.. Green, counsel
lor the prl oncrs, rema. KIDD that he had cniayel
no o portuHty for consulting with the prisn crs
or q preparing f,r tho defense. The letters for
Nurthern counsel had been sent off, but n t snfi
c.ent time cad been a'lrrlcd to receive answers
Under the circumstances he thought short DELAY
WAS desirable.
Mr.. Bolts added that at present the excitement
was : great as perhaps 10 deter Northern c1uu-
sci frum coming: hut now t, q hal been ~ ON
ised that the prisoners wer" To have n fair and inn
rat;ill trial, he presumed that they would cone
and take part iii the Gaze.
The Court stated that if physical inability was
known, reasonable delay must be granted As
to the expectation of uth,r counsel coming frum
nhrna |, that did not constitute sufficient cause
for delay, ns there was certainty about then
coming. Under the circums stances in which the
prisoners were tuated. it natural that they
should seek delays. The brief prrind remanina
before the cln>r u" the term of the Court rend.rrr
it necessary t' proceed as exprdiously as urac,i
rnblr AMI Ia la rauti us ahnlt granting DELAYS
The & 'urt would request the physician who attcn
del L own t. TESTIFY ~ T., la, condition.
u Mason wa. tlcA sworn. IL Ia ,ught i -,,,r
WIS ahe to =" nn understandings Win his trial
pd not think'i'nt bis wounds ,ucl ~ to nj.
feet his mind or rrcaiIectinn. H., had AWAY con
vers, freely aad intrllise,tly nlopt thus flair
| II / a, =!