Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1859-11-03

TO listen to my trial and hear what ques
tions are asked of the citizens and wha
their answers are"
Hunter said the request was rather pre-
mature. The arraignment could be- mad.
and the question could be then considered
The Court ordered the Indictment to bs
read, SO that the prisoners could plead gull
ty or not guilty, and then it would conside,
Browns request. The prisoners were
compeledsto stand during the arraignment
Brown stood up with difficulty, and Steven,
was held upright by two bailIfrs.
The reading Of the indictment occupied
about 20 minutes. The prisoners each res.
ponded TO the usual question, mot guilty.
and desired to be tried separately.
Faulkner-"The State elects 10 try Johr
Brown"
The COurt-"His condition must be in
quired into.''
Botts-''I am instructed 10 say by Brown,
that he is mentally and physically unable 10
proceed with his trial at this time. He
also heard to-day that counsel OF his own
choice will be here whom he will Of course
prefer. He asks only for delay CT two
or three days.
Mr.. Hunter said he did not thing it the
duty OF the Prosecutor for the Common
wealth, or any one occupying that position,
TO oppose anything that justice required, or
10 object TO anything that involved simple
consideration Of humanity, where it could
be properly allowed. Yet, IN regard TO
this proposition 10 delay the trial of John
Brown for one, two or three days, they
deemed 1t their duty that the Court, before
determining the matter, should be put in
possession of the facts and circums tances
judiolally, that they were aware OF in the
line OF their duties as prosecutors. His
opinion was that it wa' not proper to delay
the trial Of This prisoner for a single day,
and that there was no necessity for it.
He alluded in general terms TO the condi-
tion Of things with which they were now
surrounded, they being such as rendered in
dangerous, to say nothing of the exceeding
pressure upon the physical resources OF
our community growing out Of the oircum-
stances connected with the affairs for which
the prisoners are 10 be tried, and that OF.
law in making special provisions for allow
ing briefer time than usual in case Of con-
viction, for such offenders, within the dis
erection Of the Court between condemnation
and execution, evidently indicates Indirect
ly the necessity for acting promptly and de-
cisively thought always justly In proceed
ings Of this kind.
In reference TO the physical condition of
Brown, he asked the Court not to receive
unimporlant statements of the prisoners as
sufficient ground Of delay, but that the jail
or and physicians be examined. As 10 ex-
pecting cOunsels from abroad, he said no
impediment had been thrown in the way of
the prisoners procuring such counsels rs
they desired, but on the contrary, every IA
cility afforded, and he apprehended, there
was little reason to expect the attendance Of
those gentleman from the North who had
been written 10.
There was also public duty upon them TO
avoid, as fsra possible within the form,
OF law with reference TO the great and new
er.to-be-lost- light OF. duty. c. giving
fair ard impartial trial to the prisoners
the introduction of anything likely 10 weak.
en- our position, and 10 give strength 10 our
enemies abroad, whether it issued from the
jury or any other source. 1t was their posi-
tion that had been imperiled and ieopardi-
zed, as they suppose, by enemies.
Mr.. Harding concurred in the objections
OF Mr.. Hunter, on the ground of danger in
delay, and also because Brown was the lead
er of the insurrection, and his trial ought to
be proceeded with on account of the advan-
iage thersby uccruing on the trial Of the
others,
Mr.. Green remarked that he had enjoy
ed no opportunity for consulting with the |
prisoners, or for preparing defence. The
letters for Northern counsel had been sent
off but sufficient time had not been afforded
10 receive answer. Under the circnmstan.
ces he thought short delay desirable.
Mr., Bolts thought that the excitement
was SO great as 10 deter Northern counsels
from coming, but now that it had been prom.
ised that the prisoners were TO have fair
and impartial trial, he presumed they would
come and take part in the case. The Court
stated that physical inability was shown
reasonable delay must be granted. As TO
the expectation of other counsel, that did |
net constitute sufficient cause for delay,
as there was no certainty about their com
ing. Under the circumstances in which |
the prisoners were situated, it was natural
that they should seek delay, but the brief
period remaining before the close of the
term of the court rendered 1t necessary, 10
proceed as expeditiously as was practical
bic, and TO be cautious about granting de.
lays. He would request the physician who
had attended Brown 10 testify as 10 his con-
ditien.
e. Mr.. Logan, the Republican candidate for
Congress in Oregon, who was defeated by sirieen
votes, has given Stout, who holds the certificate,
notice of MS intention TO contest the right of the
latter to his seat.