Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-11-03

given for the arrival Of foreign counsel,
which ho now has reason to expect. Yes
Eterday afternoon dispatch was received
from Cleveland, signed ysDaniel Tilden,
dated Esd inst, asking Of Brown whether
it would be Of any use for counsel to leave
last night To this dispatch an answer
was returned that the Jlr5 would be sworn
this morning. and Brown desired that the
counsel come at once, and that they might
reach here by IL or / o'clock tonight
The course taken by Brown makes it evi-
dent that he sought no postponement for
the purpose of delay, as he rejects the plea
of insanity; still, in his opinion he can
have fairer trial if the defence were con-
Quoted by his own counsel than if he were
defended by the counsel at present here.
Mr.. Hunter observed that the prisoners
counsel having renewed the motion of yes
,ier,lay for delay for specific period, indi-
Gated and based upon information received
in the form of telegraphic despatch, the
question now was, whether there was suffi-
cient grounds in this additional information
to change the decision annouced by the
Court yesterday on the same motion. If
the Court did not at once deem this cir
cumstance wholly insufficient before the
decision was made, the counsel for the
Commonwealth deemed il their duty to
call attention to two or three matters con-
nected with the affair. Though desirous
to avoid forestalling trial of this case, in
regard TO the present prisoner at the bar
they were prepared to prove that he had
made open, repeated and constant acknowl-
edgment of everything charged against
him. He had gloried in it, and we have
but an exhibition of the same spirit, and
the same purpose, in what he announced
that he would permit no defence of insan-
ity to be put in.
The point was fully discussed by the
counsel on both sides. E4,a =
The Court stated that it must see pro-
per cause for delay before granting such
application, and it could no: see that that
dispatch gave any assurance that the addi-
tional counsel intended to come, and as the
prisoner has counsel who will take care
that no improper evidence is adduced
against him, and that all that is proper
shall be presensed; it could not see that
proper cause for delay was made ont, and
thought, therefore, that the jury should be
sworn, and the trial proceed.
BROWN PUT ON TRIAT.
The Jury having been sworn to fairly
and impartially try the prisoner, the Court
directed that the prisoner might forego the
form of standing while arraigned, if he de-
sired.
Bolts put the inquiry to the prisoner,
and he continued TO lie PROSTATE on his
cot while long Indictment, filling seven
pages, was read. First insurrection, Sec
ond treason, and third murder.
Mr.. Bolts immpressively addressed the
Jury, saving that the case before them was
an unusual one, and in many respects such
as has before been unknown. 1t wasa Ju-
ry trial, calling for calm, unimpassioned
deltberation, and not seizing upon loose
statements to induce a conviction. The
Jury must be morally above all prejudices
and Influences, and deliberate calmly, free
Of all resentment, bearing in mind that the
mission of the law is not to wreak ven
geance, and that the majesty of the law is
best maintained when Judges, Counsel and
Jury rise above these influences. The bur-
then of proof is on the Commonwealth,
and if she fail to substantiate her charges,
you are bound to do your duty impartially,
and find your verdict on the law and tes-
timony that the Commonwealth may be
able to present-on the trial.
He then proceeded to go over the same
grounds taken by Green, on each of the
three points in the ndictment-treason,
insurrection and murder. He said: 1t is
no difference how much Jury may be
convinced in their own minds of the guilt
of the prisoner, it is essential that they
must have proofof positive guilt.
Mr.. Bolts said he was determined to
avail himself of every advantage that the
law allows, and do his duty to the prisoner
earnestly and faithfully. 1t was do to the
prisoner to state that he believed himself
10 be actuated by the highest and noblest
feelings that ever coursed througha human
breast. His instructions were to destroy
neither property nor life. They would
prove by these gentlemen, whe were pris-
oners, that they were treated with respect,
and that they were kept in position Of
safely, and that no violence was offered to
them. These facts must be taken into
consideration, and have their due weight
with the Jury.
Twenty-four Jurymen, mostly formers
at dis: s:once, some owning few slaves,
were called as competent Jurors. Out of
these counsel for prisoner struck of eight,
and then twelve were selected by ballot
from the remaining sixteen.
The Jury were not sworn on the case,
but the Judge charged them not to con-,
verse upon the case, nor permit others to
converse with them. s. -
CHARLEsrowN, Va, Oct. %.
Cook was brought here st 10 o'clock
this A. NJ. 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