New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1859-11-01
Nsm 0rlfans 1ailp Crtstfllt.
TUESDAY MORNING., NOVEMBER /, 1859.

GkflU WIHdNS 1paAg VDIk5ltilI.
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| TUESDAY MORNING., NOVEMBER l, 1859.
Examinassod Of the Insurreetionists.
CHARLEsTowS, Oct. 26.-The court met at 10 A.
NJ The grand jury retired to resume the exami-
nation OF witnesses, and the Court took recess
while awaiting the return of the grand jury.
ONO, arrived this morning and visited the priso-
nsra. ne dentlfed Copeland AZ fugitive from
justice IN Ohio. His object is supposed to be to
TIE o exc .ias.ony mpieatng other parties
OF persons IRON the surrounding country are pres
ent. Ihs event i regarded proving the faith
them but military guard is kent M fear;rg an
attempt might be made to rescue the prisoner =
Great CONSERVATION among the slaves Is caused
~ ne iear OF oeing seized, like those of Col.
the object Of the prisoners was to carry them
South and sell them Not single slave has vet
been implicated as as even sympathzing with the in
captured and returned to their masters. Cannon
are stationed from the courthouse to, and an
armed guard is patroiing around the jail.
Capt. Brown has consented to accept Messrs.
Faulkner and Bolts as his counsel, they assuring
him that they will defend him faithfully, and give
him the advantage of every privilege the law will
allow.
Stevens declares that he does not desire to be de-
Tended by Northern counsel, preferring Southern,
and that the Court should name them. There is a
decided sympathy for Stevens, not only account
of his suferings, but that he has shown none of
that indebtedness and hardihood that character
ICES Brown. His regret is regarded caused by
the consequences Of his folly, and the examination
yesterday indicated that other prisoners had lost
their confidence in Brown, and are not disposed to
follow him in his defiant At IL O'Clock the
Court reassembled,. and the jury reported a true
Charles B. Harding, Esq. assisted by Andrew
i Hunter, represents the Commonwealth Charles J.
Faulkner and Lawrence Bolts are counsel for the
prisoners. The true bill was read against each
prisoner for conspiracy with negroes to produce
nsurrection, and for treason against the Common
wealth and third for murder. The prisoners were
t brought into Court accompanied by body of
armed men. They passed through the street and
. entered the Courthouse without the slightest
l. demonstration on the part of the people.
Brown looked somewhat better-his eye not so
e. much swollen. Stevens had to be supported. and
4, reclined on mattress the floor Of the Court
room, evidently unable to sit up He has the ap-
e. pearance OF an almost dying man, breathing with
IL difficulty and painting for breath.
~ Before the reading of the arragnment Mr. Hunter
called the attention of the Court to the necessity OF
> appointing additional counsel for the prisoners
stating that of the counsel Faulknerl annointed
r, by the County Court considering his duty in thai
capacity as having ended, had left here. The pri
soners, therefore, had no other counsel than Bolts
Ii the Court was about to assign them other coun
I'd sell it might be proper to do now.
The Court stated that it would assign them mem
II bers OF the bar, and they might select.
After consulting Capt: Brown, Mr.. Bolts said tina
Us
Green assist him. If the Court would accede t.
IN that arrangement, it would be very agreeable t.
him personally.
I'd The Court requested Mr.. Green to act as counse
g. for the prisoners, and he consented to do So.
Brown arose and said:
se - do not intend to detan the Court but merely
wish to say, as have been promised a fair trial.
am not now in circumstances that enable me to at
tend trial. owing to the state of my health. l have
he severe injury in the back, rather in one kid
en- ney, which enfeebes me very much; but l an
uyrh Cp1,- Tn,, H. i
trial, and think may get able to listen to it. ant
merely ask this as the saying u.s. that the devil may
have his dues, no more l wish to say, further
that my hearing is impaired and rendered ind;s
tinct, in consequence of wounds have about m,
he head. cannot hear distinctly at ALL could no
hear what the Court has said this morning: woult
Of be glad to hear what is said my trial, ana an
now doing better than could expect so that see
ing that under the circumstances very short time
o. would be all would ask, if that could be allowed
n me, l should be very much obliged. do not pre-
We sumo that more than very short delay is needed
so that may, in some degree, and be able
III at least to listen to my trial and hear what anes
tons are asked of the citizens and what their an
70 swers are"
ny Hunter said the request was rather premature
TO- The arraignment could be made and the question
could be then considered The court ordered til
indictment to be read, 50 that the prisoners coul
plead guilty or not guilty, and then it would COZ
slider Browns request. The prisoners were con
& PEELED to stand during the arraignment. Brow
81 stood up with difficulty, and Stevens held VI
ell right by two bailitis.
ne The reading of the indictment occupied about
minutes. The prisoners each responded to tn
usual question, mot guilty" and desired to b
do tried separately.
les Faukner-The State elects to try John Brown
- The Court-His condition must be inquired into
Ia Botts-l am instructed to say by Brown that h
is mentally and physically unable to proceed wit
de his trial at this time He also heard to-day tina
~ counsel of his own choice will be here, whom Ii
ire Will OF course prefer. He asks only for delay
two or three days. ~
ipe Mr. ba ,;,1- 81 :
the Prosecutor for the Commonwealth, or any on
les occupying that position to oppose anything tina
pe justice required, to object to anything that il
les volved simple consideration of humanity wher
Ia. it could be properly allowed Yet, in regard t
It's this proposition to delay the trial of John Brow
,pe for one, two three days. they deemed it thei
q" duty that the Court before determining the matter
tire should be put in possession of the facts and Gil
cunlstances Judicially, that they We're aware of i
en- the line of their duties as prosecutors. His opnio
M was that it was not proper to delay the trial of thi
prisoner for single day, and that there was IL
ape necessity for it,
ia He alluded in general terms to the condition
tire things with which they We're now surrounded, the
being such rendered it dangerous, to say notl
"es ing of the exceeding pressure upon the physics
resources OF our community, growing out of tn
me circumstances connected with the affairs for whc
ues the prisoners to be tried and that our law
C. making special provisions for allowing breft
81 time than usual in case of conviction, for sue
npe offenders, within the discretion of the Court b
sn tween condemnation and execution evidently inc
an
and decisvely, though always justly, in procee
lee ings of this kind
las In reference to the physical condition of Brow
he asked the Court not to receive unimporta
ntt statements of the prisoners sufficient grounds
RE- delay, but that the ailor and physicians be e.
npe amined As to expecting counsel from abroad, |
ies said no impeachment had been thrown in the way
alas the prisoners procuring such counsel as they d
sired, but, the contrary, every facility alorde
n and he apprehended there was little reason to e.
los pect the attendance of those gentlemen from Il
North who had been written to.
ison There was also public duty upon them to avo
fp as far possible, within the forms of law vii
ON. reference to the great and eostsight
Se& duty giving fair and impartial trial to IL
prisoners-the Introduction of anything likely
cole weaken position, and to give strength to o,
-, enemies abroad, whether it issued from the jury
nus any other source 1t was their position that hs
i, been imperilcd and jeopardized, as they suppos
Es' by enemies.
Sc a Mr.. Harding concurred in the objections of NJ
Hunter, on the ground of danger in delay, and al
-. because Brown was the leader of the insurrecto
and his trial ought to be proceeded with accou
DIES of the advantage thereby accruing on the trial
A., the Others
~" Mr.. Green remarked that he had enjoyed no
,dc portunty for consulting with the prisoners or
ash. preparing defense. The letters for Northe
counsel had been sent off, but sufficient time h
- not been afforded to receive answer. Under
mai circumstances he thought short delay desrab
te. Mr.. Bolts thought that the excitement