Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-10-27
nm TnIAL ATCnARLEsTOwN.

sFcnng Loss between 90 uOO ana S4,OJO.
qnE TRIAL AT TCHARLEsTOwN
CHARLEsToN, Oct. &c.
Circuit Court-Judge Parker. Court met at
10 O'Clock. Grend Jury called and retired TO re
sume examination Of witnesses.
NJ johnson U S. Marshal, fIom Cleveland, o.,
arrived this morning and visitsd the prisouers; he
Identified CopJlsnd as fugitive from Justice from
Ohio; bis object is supposed TO ferret out ttsli
mony impllcp ing other parties.
Excite ment uuubatCd. Crowds OF persons from
surrounding country Event regarded % proving
the flithlumess o the slaves. Not single slave
has vet bccu implicated. Cannon is stationed in
front of the Court House aud an armed guard
is patrolling around the jail
tpUt Lrown has consented 10 allow Messrs |
Faulkner and Bolts to act as COunsel-they as |
suliug him tha they will defend him ieuh'uly and
give him the advantage oil every privilege that me
law viii allow.
Stevens declares he does not desire TO be de-
Tended by Northern counsel-prelerring southern,
and that the Court should name them.
There is decided sympathy for Stevens, not only
on sccuunt Of bis sulerngs, but that he has shown
none of that vindictiyeness and hardihOod that
cL9racicrizes Brown. His regret is regarded as
caused by consequences and folly, and the eXaml-
nation yesterday iudica cd that other prisoners
have lost confidence iu Brown
TwELyE OCLocK-Tho CouIt re-assembled and the
ufy reported true bill against the prisoners and were
C6as. H. Harding, assisted by Andrew Hunter, rep
rpftuts the Commonwealth.
lhas j. Faulkner aud Lawson Bolts are counsel for
| the prisoners.
Tie true biil was read against each prisonerarst,
for conspng with negoes 10 produce an insurrocton
sccond, for treason TO the Commonwealth, aud tmfu,
/ Tor murder.
Tho prtsnncrs were brought into Court accompanied
by body Of armed men, and parsed along Though The
sieet and entered the Court House without the slight
est denomination on the part of the people
Brown looked somewhat bsttor, and his eye was not
so much swollen.
tetA on tne door OF the courtroom, evidently unable
to sit He has the appearance almost Of dying man.
| breathing with difficulty aud painting 4 7 breath.
Before the reading of the arragnmont Hunter called
the att OF the Court TO hs necessity Of appoint
ing additional counsel the prisoners stating that
ono ut the -faulknof-appnntedb by tho county
Court considering his duty In that capacity ns having
ended, and left here, tho prisoners therefore lad
10 other cnuusri than Bolts. u the Court Was about
to assign Them other couus, 1t might be proper 10 do
Tho Court stated that II would assign after consult
ing members OF the bar. They might select Captain
Brown
Mr. Bolts snii that tho prisoner retained him, and
desircd TO have Mr.. Green Rsst- him. II thu Court
would aeeede to that arrangement, it would bo very
agreeable to uinl personally.
Tho Cuut requested Mr. Green Ca act counsel FOR
prisouers aud he consented to do 80.
Brown arose aud saidl do not intend TO detain the
Court but merely wish to say ~ have been promised
% fair trial, that anu not now in circumstances that
enable TO Rttond u tiai owing to the state of my
hOuth have severe Injury In the back, or rather
in one kidney which enfesGles me very much but am
doing well, and only ask for very short delay Of my
trial, aud think may yet be able TO listen To IT,
merely ask this that aS the saying II, the deyil may
have his dues no more l wish to say further that
my hearing IL impaired aud rendered iauiAtlnc In cou-
sequence OF wounds have received about my head,
cannot hear ci,tincty at all could not hear what the
Court has said this morning would be glad TO heat
what is said my trial and am nov doing better
than could expect; so that, foeng that under III,
circumstances very short time would be all would
ask. ] do not presume to ask more than avery shor
delay, that may In some degree recover aud te nb
at Gast 10 tten 10 my trial and heAC what questions
lHrn llatlf fI lp "a
II that could bs allowed me, should bs very muel
obliged.
arrangement could DO made, and this question coul
then bo considered.
Tho Court ordered the indictment TO be read an tina
the prisoners could plead guilty or not guilty, ana
would then consider browns request
The prisoners were compelled to stand during Tho
am gnment Brown also standing.
Brown stood mp with difficulty and Stevens wa
held upright by two Bailills
Porter Crayon was present and took sketches o
the prisoners asthey were arraigned.
The reading OF indictment occupied about twen
ty minutes
, The prisoners each responded TO the usual ques
ton-nOt guilty. and desired TO he tried separately
Mr. Faulkner-Tho State elects TO try Johl
Brown
to.
Mr.. Bolts i am instructed 10 say by Brown tha
he IL mentally and physically unable 10 prOcee
with his trial at this time, be has also heard ia
, day that Counsel Of his own choice win be her
4 whom he will Of course prefer; h asks for a della
ol only two or three days. II seem TO me but
reasonable request hope the Court will grant !
Mr. Hunter said he did not think II the duty
| the prosecution for the Commonwealth, or for on
Occupying that position, TO oppose anything thu
Justice required, nor TO object 90 anything that In
l. yoyed simple consideration Of humanity whe
J. Il could hs properly allowed. Ye in regard to III
u proposition 10 delay the trial Of John Brown on
@ Two or three days they deemed It their duly lhi
; The CouJt before determining the matter, sh0ul
= no plt IN possession Of facts aud orcumstane,
= judicially, that thoy were aware Of In tho line
10 their duties. As prosecutor, his own opinion WI
that It was not proper to delay tho trial Of tn
:. prisoner foi a single day, and that there was
! necessity for II.
~ llo alluded IN general terms to conditions
r things which they are now surrounded, being sue
Ne as rendered il dangerous, to say nothing Of Il
exceeding pressure upon tho physical resources
" our community growing out OF tho circumstano
M connected with tho affair for which tho prisone
c. are to be tried, and that our law IN making peel
10 provisions for allowing brlefer time than usu
n in case OF conviction for such offenders within n
ce discretion Of tho Court between condemnation an
r. execution, evidently indicates indirectly the M
lg cossiy for acting promptly aud deelsysly' lhopg
OF always justly, In proceedings Of this knd'
ig In defence to the physical condition Of Brow
~, he asked the Court not L. receive unimporal
e' statements Of the prisoner ne sufficient ground 4
delay, but that the jailor aud physicians be exan
ined. A. 10 expecting counsel from abroad, hesa
noimpediment had been thrown Ia the way OF u
ptisonorl procuring such eounsel nA they desire
Oh but on The contrary every facility afforded able al
6o intelligent counsel has been assigned them her
y, aud he apprahended there was little reason TO e
~ nect the attendance of those gentlemen from u
~ North who had been written 10, there was also
III public duty resting npon them To avoid, as far
possible, within The forms OF law with reieren
to 10 the great and never TO be lost sight o. that
of giving iar and impartial trial TO tue prisoner
mt the introduction II ANYTHING likely 10 weaken o
O present position and 10 give strength t0 our en-
al niles abroad Whether Il IL such nom the jury,
- whether 70 comes from The mouth OF the prisoner
~ or any other source Il was their position that b
10 been imperilled and jeoparilzed, as they auppo
as by enemies
Cs Mr.. Harding oonourred in the objections q