Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1859-10-28
The I IsrIs ~ Ferry csn.plracy.

to overaowing with people. and the .,c,emsn, In rss.rd
70 my ual Is Intense, The conduct, prospects, and ev.
en- tne execution OF the prisoners, which IL regarded as
certain to take place at an early day, are discussed from
every possible point OF view. =
Stevens declares that no does not desire to be defend.
vupy Nostneth counsel, preferring Southern men. aud
that the Court should name them. There is a decided sym.
psthy expressed Tor Stevens, not only on account Of his
sunethiSs ont because he has shown none OF that vindic-
aNeness ana hardihood that characterize Brown. His
regrctis regarded as caused by the consequence of his
folly; The examination yesterday indicated that the 9TH
er prisoners have lost their confidence in Capt Brown,
aud are not disposed to follow him In his defiant course'
Mr.. johnson, United States Marshal at Cleveland,
ONO, arrived this morning. He visited the prisoners and
identified the negro Copeland as a fugitive from Justice
in Ohio. His object Is supposed TO be to ferret out testi.
mony duplicating other parties.
The result OF the instruction Is regarded here a. pro-
wing the iaithtulness of the slaves. No fears are enter
tained OF them. but a military guard is kept up to meet
any attempt TO rescue the prisoners. Great CONSERVATION
among the slaves has been caused by a fear ofbeing seized
IKE those oil VoL Washingtons were. Not a single slave
has vet been implicated as even sympsthiKing with the
insurrcctionists- Those carried Oh have all returned to
their masters.
Cannon are stationed in front Of the Court House, and
an armed guard is patroling around the jail.
The prisoners were brought into Court accompanied by
street and cnterned the Courthouse without the slightest
demonstration on the part of the people. Capt. Brown
looked somewhat better, his eyes not being so much swo-
len. Stevens had TO be supported, and was placed on a
mattress on the floor of the Courtroom. evidently ma
BILE TO SIT. lie has the appearance almost of a DYING man,
breathing heavily aud painting for breath.
carr. DROWN ASKS TOR TINE.
Capt. Brown then arose and said:-
IL do not intend to dctaiu the Court, hut barely wish
TO say, as l have been promised a fair trial, that |
am not nov In circumstances that enable me to attend 20
a trial, owing to the state OF my health. have a severe
injury in the back, or rather in one kidney, which en-.
feebleS me very much, but | am doing well and | only
ask for n very short delay ormy trial. and think | NAV
then be able to listen to it. | merely ask this that. a. the
saying is, "thc devil may have his dues,~-uo more. I
wish TO say further that my hearing is impaired aud rem
derId indistinct in consequence of the wounds I have
| about my head. | cannot hear liStinrtlv al al ,,,ll
not hear what the Court has said this morning. | would
be glad 20 hear what is said on my trial, aud | am now
doing better than could expect, So that, under the cir.
cumstances, a very short delay would be all l would ask.
| 10 not presume 10 ask more than a very short DELAY,
so that may in some degree recover and be able at least
to listen TO my trial and hear what questions are asked
Of the witnesses, aud what their answers are. II that
could be allowed me l should be very much obliged"
Mr.. Hunter said that the arraicnmcnt could be made,
and this question could then be considered. .
The Court ordered the indictment TO be read, so thar
the prisoners could plead guilty or not guilty, and said il
would then consider Browns request. The prisoners were
compelled to stand during the arraignment. Capt Brown
standing with difficulty, and Stevens being held upright
by two baihffs-
Porte CrayOn THE artist was present, and took sketch
es OF the prisoners as thus a~rraigned. The reading Of
the Indictment occupied about twenty minutes.
The prisoners each responded TO the usual question,
mot guilty" aud desired to be tried separately.
Mr.. Hunter-The State elects to try brown first.
The Court-HiS condition must first be inquired into.
] Mr. Bott'| am instructed To say by brown that ne i
mentally and physically unable to proceed with his trial
at this time. lie has heard to-day that counsel of his
own choice will be here soon, whom be will, of course,
prefer. He asks only for a delay of two or three DAYS.
II seems to me but a reasonable request, and hope the
Court will grant IL.
Mr.. Hunter-I do not think it the duty of the prosecu.
tor for the Commonwealth, or for one occupying that
position, TO oppose anything that justice requires, nor to
object TO anything that involved a simple consideration
of humanity where il could be properly allowed. Yet
in regard to this proposition, TO delay the trial of John
Brown for one, two or three DAYS, thev deemed it their
duty that the Court, before determining the matter, should
/ ha mt 49, nnaa.aafaA - III IL. F-.- -
iudicially, that they were aware OF in the line of their
duties as prosecutors His own opinion WAS that il was
not proper to delay the trial of this prisoner a single
day, and that there WAS no necessity Tor il. lie alluded.
in general terms, to the circumstances by which they
were now surrounded, being such as rendered it dangerous
TO say nothing OF the exceeding pressure upon the ply
seal resources OF our community, growing out of the cir
cumstance connected with the affairs for which the pri.
soners were to be tried, and that the State law. in max
ing special provisions for allowing a briefer time than
usual in the case of conviction of such offenders, within
the discretion OF the Court, between condemnation aud
execution, evidently indicated indirectly the necessity of
acting promptly and decisvely, although always Justly,
in proceedings Of this kind.
In reference to the physical condition Of Brown. he
asked the OuTtnnLtans ceiy " thenasnpported statements
Jailor and physician be examined. As to his expecting
counsel from abroad, he said that no imncdiment Lad
been thrown in the Way Of the prisoners procuring such
counsel as they desired, but on the contrary every facfi.
~ had been afforded. Able and intelligent counsel had
been assigned TO them here, and he unprecedented there
was out httle reason To expect the attendance of those
gentlemen from the North who had been written to-
mere was also public duty resting upon them, to avoid
~ lar as possible, within the forms OF law, and with refer.
enee 10 the great end never TO he lost sight OF, the Civ
ing OF a fair and impartial trial to the prisoners. the in.
PRODUCTION OF anything likely 20 weaken our present DO
sinon and give strength to our egeuics abroad, whether
u issues from the jury, in time, or whether il comes from
the mouth OF the prisoners, or any other source. IL was
their position that had been imperled and ieopardized A.
they supposed, by enemies.
Mr.. Harding concurred in the objections of Mr. Hunter
on the ground of danger arising frnm delay. and al.o he
cause Brown was the leader in the insurrcction, and his
trial ought to be proceeded with on account Of the adyan.
tage thereby accTEing in the trial Of the others. Mr..
Green, counsel for the prisoners, remarked that he had
enjoyed no opportunity for consulting with the prisoners
or OF preparing for the defence. The letters for North.
ern counsel bad been sent on, but not sufficient time had
been Afforded 10 receive answers. Urd'r the circum-
stances he thought a short delay was desirable.
Mr.. Bots added that at present the excitement was 50
great as perhaps To deter Northern counsel from coming
but now that It had been promised that the prisoners
we're TO have a fair and impartial trial. he presumed that
they would come and take part in the case.
The Court stated that il physical inability wee shown.
a reasonable delay must be granted. As TO the eXpecta-
ton OF other counsel coming from abroad, that did not
constitute a sufficient cause for delay, a. there was no
certainty about their coming. Under the circumstance.
IN which the prisoners were situated, il was natural that
they should seek delays. The brief period remaining
before the close Of the term Of the Court rendered il ne
cessary to proceed as eypediiously a. practicable. and "a
DC cautions about granting DELAYS. The Court would re-
quest the physician who attended Brown to testify as "a
bis condition.
DR.. Mason was then swom.-He thought Brown wa.
- ~ '" "NA'AHNANfAIUElN WIN U~ IT'LL lbl UO
think that his wounds we're such as to effect his mind OF
recollection. He had always conversed freely and intel
hgently about this affair. Had heard him complain OF
debility, but not Of hardness Of hearing.
NJ. Cockrll, one Of the guards Of the Jail said that
brown had always been ready to converse freely.
Mr.. Avis, Jailo4, swOrn.-Has heard Brown frequently
say to persons visiting him that his mind was confused
and his hearing affected. Would not like to give an,
opinion ~ TO his ability TO stand his trial.
AT this point the telegraph gave out between Harper
Ferry and Chhrlestown, supposed to have been occasion
ed by a violent storm prevailing there. After WAITING
I'LL midnight. with no prospect Of operations being re
'uned, We were forced to go TO press without the con
clusion Of the despatch1
An ALARM AT EEEDEmcg-PRoHABLE HOAX.
Our correspondent at Frederick, Md, sends Us the fol
lowing dispatches showing that new excitement hadbru
ken Out there in relation TO the 1Iarper's Ferry affair
We think II probable that the Frederick military hav,
/, been hoaSed, aud an uujustifable use made Of Presiden
CARROTS name.
To he Baltimore AuericaH.
fEEpEEtCK CIR, Oct. 90, r. ".
A despatch has been received here by Capt Sim. c
Tue MARYLAND Volunteers, TO ue effect tLat a large nun
Der OF abOltiouists have crossed over into Virgins, AM
p THAT an attack upon The Charlestown Jail was expected
3 What truth there Il in the rumOr / do not know, bu
C'pt stun thinks II Of 70 much importance that be in