Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1859-11-02
rHR HARrERs BERRY ournREAK.
The Trial Of John Brown, Charged with Conspiracy,
Treason and Murder.
Conclusion of the Evidence.
ProR THK PROSECUTION.
THE FOURTH DAYS PROCEEDINGS.

Soon afterwards Brown was brought in, and took hi,
usual recumbent position in bed
Samuel Chiffon, of Washington city, appeared as add
tioual counsel for the prisoner, and was qualified.
Henry Griswold, of Cleveland, Ohio, was introduced &c
the Court as counsel for the prisoner, and qualified.
Mr.. Chiffon thought IL due to himself to make an ex.
planRtory statement before the trial proceeded. Yester
day he was very unexpectedly called upon to come here,
and aid in the defence of the prison. knowing. from
the newspapers, that the trial was 10 progress, he took
time to consider and consult his friends as to the propri.
ETY. of accepting the proposition. He would have had
no hesitation, IL he had been spoken to in time, but his
friends advised him to come, aud he did so, with the ex.
pectation of merely assisting the gentlemen already con.
Quoting the defence. Upon reaching here, he found that
they had withdrawn from the case, and he then hesitated
about undertaking IL; but, upon consultation with the
prisoner and his friends here, they insisted he should do
so, and he would do the best he could, not feeling at lib
erty, under the circumstances, to refuse. These cireum.
stances, however, would render il impossible for him TO
discharge the full duty of counsel. not having had time
to read the indictment or examination already given
He made no motion for delay this was a matter entirely
within the discretion of the Court, and If the Judge
thought proper to refuse to grant any p-ostponement he
knew it would be done under a sense of duty. Those
extraordinary circumstances would also render il impos.
sible for his associate, Mr.. GrisWold, to discharge his full
duty as counsel A short delay of a few hours, If the
Court thought proper TO grant il, would enable them to
make some preparation.
The Court decided that the trial must 60 on. Couns sci
had been assigned TO the prisoner here OF his own sclec.
ton, who had laborcd xcalously in his behalf. and had
withdrawn because the prisoner had Yesterday evening
declared in open court that he had no confidence in them.
No obstacle had at any time been thrown in the wav of
the prisoners having an ample defence. II this was the
only case of the kind before this Court he would At once
grant the request, but several similar cases remain to be
disposed of. This term will very soon end, and il was
his duty to endeayor to get through with all the cases. If
possible, in justice 10 the prisoners and in justice to the
State. The trial must therefore proceed.
Mr.. Hoyt remarked that yesterday the attorney for the
Commonwealth produced various papers in court, which
were identified, for what purpose he knew not, but pre-
sumed he should be informed some as being in Captain
Browns handwriting, and some as bearing his endorse
ment, He had hastily examined those papers and wish
ed to object to some Of them. The learned gentleman
associated with him or the trial had not examined them.
hut he supposed the Court would not regard that As ma
teral under the present ruling.
Mr. Hunter OnterruptingeThe is no need of argu.
ment about the matter. Designate those YOU wish to OBJ.
ject to.
Mr.. Hoyt-I desire to know the object of the counsel
in introducing those papers.
Mt. Hunter-The papers will speak for themselves. II
you viii designate which ofthem YOU object TO, we viii
20 on at once.
Mr.. Hoyt-T object to the autobiography of Captain
Brown, as having no bearing in this case.
Mr.. Hunter-I withdraw IL.
Mr.. Hoyt-I object to the letter of Getritt Smith.
Mr.. Huntsr-I withdraw that too.
Mr.. Howl handed to the Clerk last night n lst Of
names we wished summoned as witnesses: Saml. Strider
Henry Ault, Benjamin Mills, John Z. p. Dangcrdcld and
Captain SimUs. / got a despatch just now informing
me that Captain Simms had gone 10 Frederick, and would
return in the first train this morning. aud come on to
Charestown tn.s afternoon. / should like 10 INQUIRE
whether the process had reached Captain simms at HAr-
pers Ferry
Sheriff Campbell replied that the officer stated that Can
tain Simms had gone to Frederick.
Mr.. Hunter-He was here Yesterday. hope We will
proceed with some other witnesses.
Johu I. p Dangerfeli was called, and testified that he
was an officer OF tbs Armory be wes a prisoner in the
hands of Captain Brown at the engine house nesotia.
tons were going on for the release of all the prisoners
before she firing commenced; about a dozen black men
were there, armed with pixies, which they carried most
awkWardly and unwillingly; during the hriug they were
living about asleep, some of them having crawled under
the engines witness was free to say that from the treat
ment 81 Captain Brown he had no personal fear of him
or his men during hs confinement; saw one Of the men
shot in the engine house; he fell back exclaimiuR. "ITs
al up with me, and died in e few moments; this man.he
learned, vas one of Captain Browns sons saw another
| Young man, who came In wounded, and commenced TO
vomit blood lac was also a son OF Captain Brown, and
was wounded whilst out with Mr.. Kitzmiller; the prison
er frequently complained that his men were shot down
whilst carving n tag of truce.
Mr.. Hunter complained that they we're going over again
the anne facts that were elected, and all this was freely
admitted by the prosecution.
Mr.. Hoyt said that he regarded il as the only feasible
line Of defence TO prove these facts. 1t was the duty OF
counsel 10 show, if possible, that Captain Brown was not
guilty OF trlsspn, murder or Instruction, according 20
the terms Of this indictment, We hope TO prove the alb
sence Of malicious intention.
Mr.. Hunter was frank TO admit that he could not hut
regard this course rs merely calculated TO waste time.
W. Hoyt would remind the Court that the course be-
ing pursue1 was ~ Only in accordance with their con-
Vicuons OF duty, but in accordance VIII &c C.rress com.
mands of their client.
The Court remarked that the counsel vas responsible
to the Court to conduct the case according 70 the rules
Of practice.
Mr.. Hoyt thought the language OF the prosecution va.
calculated to imPugn the honor Of the counsel for the
prisoner.
Mr., Misunderstanding OF the Kind was intended. II /.
presumed the gentlemen will conduct the case 10 accord.
ance with their duty a. counsel and their responsibility
10 the Court.
Mr.. Dangerheld. rcsumed-Heard some conversation
by Captain Brown ne 10 having il in his power to lay the
town Boo aches, and carrying oil the women and children
but hat he had RETAINED from 80 doing: heardLim MAKE
no threats that he would do go. the only threat heard
I from him All rIn COMMENCEMENT ~ tho Hf...g.- L
the engine house; he then said that we must all take egua
shares with him-thBt we could no longer mouopoliz,
the places OF safety he, however, made no attempt "a
deprive u Of the places we had taken; Brown promised
safety TO all descriptions Of property except slave prop
erty; AZ the time OF the assault by the marines one OF IA,
men cried out for quarter; he had beard the same man
m a conversation ~it- brown during the night ask hu
u he Was committing treason against Ma county in re
sistng the marines. to which Brown REPLIED that he WAS
the man then said, IN Sight no longer that he though
be was merely hEhIug 20 hbente the slaves: after th,
attack was made on the engine house. two Of Brown
men cried for quarter and laid down their arms; but sf
tor the marines burst open the door, they picked then
up again aud fenagsd the fight after the first attack
Capt Brown cried out 20 surrender, b.t be ~as not heard
DID not see him fire afterWards saw Coppee attempt {,
IRE twice, but the caps exploded; witness saw Brow
wounded on the hip ~ . thrust from q sabre, and sever
al sabre cuts on the head, when the latter wounds vcr
given, Capt Brown appeared to be shielding himself
With h- head down, but making no resistance; the par
tez outside appeared % be firing A. they pleased.
Major Mill, master armorer, Nv was on,
Of the hostages Of Capt Brown, confined IN the enginU
house before the general firing commenced. ncrotia
tons we're pending for the release Of the prisoners
paPsr Ia dfasE ~ embracing certain terms, and horn
by W. Bma % tho citizen. outside ue terms we're NJ
agreed 10, the last time Mr Brua wa out there WA 20
we're firing, which, ! suppose, prevented biz return
Brown son went ont with n flag Of truce, and was shot
be- came back wounded: the prisoner attended bin an
gave him water heard BrOvn frequently complain tina
tse lit.eul hei acted in a barbarOus manner. bus al
not appear 10 have en- malicious feeling be uudorbtef
W seemed 10 expect reiufOfcemsht4. said Is wLld zoo
Boz night, aad be would have more assistance. bsi1brt
tom we're % shoot nobody miles, they we're carving ,
usng arms ~ you 10. let them have &c." This ".
ELie tAa Ellg vas going On
a., Captain Brguu here asked tMe stiffness whether he "a
f, any firing Ouhis psrt Which vs not purely defensive.
Wi'nrs-It might BE- considered 90 that light. porhap
'hp balls came into tIs engine house pretty tlirk.
Question by COunsri-DiI you not fppuotuy 20 10 u
iDyr oi t- engine h0IHc A.,
d.. Wfnrsa-ND, indeed. ullgLtorI
4 general c0loqIv eusurd brtuccu the p1ssnrr Iylr
Du BIZ cJf, sud thr witness. aa to thc par take. by ID
prisoner DO not uuursrs71rly rlpD-irg h4 hD.tagca
IsurfI Hp DIecIpn sas m4de f1 UrpHua aaki1g the
q 4le-NoDs 100 bF 0En Wy aud intcrpgrin7 .sfltI cfJ
. alfillI uIlt.s ~ LH CONDUIT.
4 TIE nif4es. generally rS.f1b0mted ha Own version
fus ufrYmstauers l~'tfuliHy fhr attack gr uf eng,
Il hare tai could Hst testify 10 40 tho incidents fhat
rrumrute1. lf did U0t bflr bin sav that be aurr.
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