Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-10-31

Trial Il Cspsai. Brswn.
FOURTH DAY.

FOURTH DAY
CAARIEsrowx, va-, Oct: D-lne Coes s mes
a 10 O'Clock, when Judge Parker announced mat
he had Just received note ns@ 1s 80 nsv oeanss
tsem % have an Interview with him. Tbs srri-
val Of H. Griswold, Esq, ftom clsveland: Ohio,
70 ais part win GscsgsE HOy Z. Egg ,oe sosso1.
Il sid that Samuel Chiffon, Esq. !, Of Washing
ton, who arrived this morning, VIII join he DE-
fence, % that the case win take new course this
The speech Of Capt Brown lat evening repu-
dating his counsel, Mess1. Both and Green,
who bad cevtainly done al In their power fos .
utterly indefensible, has incensed the CON-
munity against him to an extent that can scarcely
be rssfained.
PRocKEDrNes COMMENCED
Al II O'Clock the prisoner was brought into
Court and laid down on his cot. He looked quite
feeble and haggsrd, aud the effect Of the excite
ment Of lass evening was quite visible in his
Mr. Hoyt, Of Boston, entered court, accompanied
by H. Griswold and samuel Chiffon, e. rs., the
latter two gentlemen taking the oath a. attorneys
In this court. Mr.. Hoyt having entered AZ counsel
last evening, Messss. Chiffon and Griswold acting
M, Chilson Thought II due 70 himself TO maze
an explanatory statement before the trial should
proceed. He was yesterday very unexpectedly
called upon TO come here and take part In the de-
fence Of the prisoner at the bar. took some time
70 consider the proposition, and finally agreed to
come on, under the expectation Of finding Mesrs.
Bolts and Green still In the case. On arriving
here, however, learned, for the hr.t time, the
course the case had taken last evening. These
circumstance, however, would render II impoesi-
BILE for him to discharge full duty as COUNSEL not
having had time to- read the Indictment or examine
the evidence already taken He would make no
motion for delay-ths was matter entirely within
the discretion Of the Court, and IL the Judge
thought proper TO refn:e 70 grant any postpone.
menf, he knew IL would be done under . sense Of
duty. These extraordinary circumstances would
also render it impossible for his Associate, Mr..
Griswold, 10 discharge the full duty Of counsel.
short delay Of few hours, IL the Court thought
proper to grant IL, would enable them to make
The Court decided that the trial must 90 on
Counsel had been assigned to the prisoner here,
In his behalf, and bad withdrawn because the
prisoner had yesterday evening declared in open
court that he had no confidence In them. No
Of the prisoners having an ample defence. II this
was the only case Of this kind before this Court
he would at once grant the request, but several
similar cases remain 70 be disposed Of This term
deavor to get through with all the cases IL pos
sible In justice to the prisoners and In justice
| the State- The trial must therefore proceed.
OBJECTION TO DOCUMENTS.
Mr.. Hoyt remarked that yesterday the Attorney
for the Commonwealth produced various papers
| In court, which were identihed-fof what pur
pose be knew not, but presumed he should be in
formed-some ~ being In Captain Browns hand
10
He had hastily examined those papers, and wished
to object to some Of them. The learned gentle
men associated with hiui in the trial had not ex-
not regard that a. material under the present
ruling.
Mr.. Hunter. (interrupting .)--No need Of argu-
ment about the matter. Designate those you wish
Mr.. Hoyt-I desire to know the object Of coun.
sci In introducing those papers.
| Mr. Hgnter-The papers will speak for them
selves selves, IL you VIII designate which of them you
object to, we viii 60 on at once.
Mr.; HoytI object to the autobiography Of Cap
tain Brown, a having no bearing on this case.
Mr.. Huntef-I withdraw it.
Mr.. HoyLI object to the letter of Gerrit Smith.
Mr.. Hunter@I withdraw that too.
Mr.: Hoyt-I handed to the Clerk last night
list OF names we wished summoned az witnesses:
samuel sGider, Henry Ault, Benjamin F. Mills
John +. Dangerfeld, and Captain Sims
got despatch just now Informing me that Capt
Sims bad gone 70 Frederick, bot would return in
to Charlestown this afternoon i would like TO
inquire whether the process had'reached Captain
Sims at HarPer's Ferry.
Sheriff Campbell replied that the officer sat,
that Captain Sims had gone 10 Frederick
MI HunfeF-He was here yesterday. hope we
will proceed with some other witnesses
TESTIMONY FoR DEFENCE
= =. r IL lgerneld was called and testi6 fed that
ne was an on1cer OF the Afmory; was prisoner in
the hands Of Capt Brown at the engine house, ne.
gotiafions were going on for the release Of ali the
prisoner. before the firing commenced; about q
which they carried most awkwardly and unwil,
hngiy; during the firing they were lying about
asleep, some Of them having crawIsd under the
Of Capt. Brown, be had NO personaI fear from him
OF MS men during his confinement; saw one Of
the men shot In the engine-house, who fell back
ana exciaimed, "lrs all up with me-" and died
In Few moments; this he learned was one Of Cap
tain BFown's sons; saw another young man come
In wounded and commenced to vomif blood who
wa: also son Of Capt; Brown, and was wounded
while out with Mr.. Kihmillef; the prisoner com
planned frequently Of his men being shot down
while carrying Dag Of truce.
MI , Hunter complained Of going over again the
freely admitted by the defence
MT Hoyt stated that he regarded II a the only
feasible line Of defence to prove these facts Il
ga va. sne oay o. counsel u possible to show that
insurrection according to the terms Of this indict-
msnt: We hope to prove tie absence Of malicious
Mr.. Hunter was frank to admit that he could not
this course a. merely calculated 10 waste
Mr.. Hoyt would remind the Court that the course
being pursued was not only In accordance with
their conviction Of duty, but in accordancs Win
the express commands Of their client -
The Court remarked that the council was resnou.
IDLE @ me Court to conduct the case according to
Mr.. aoyt thought the language Of the peosecu.
tion Wa calculated to impagn the honor Of the
coQnoci LOT prisoner.
Mr.. Huntes--Nothing Of the kind was intended.
IL 10 Presumed gentlemen viii conduct the case in
accordance with their duty a. counsel and their
resPonslbility to the Court o.
MT. Dangesfeld resumed-Heard some CONVEX
safion ~ Capt. Brown to having Il I'm his mower
70 iay tne town In ashes, and carry of the women
ana children, but that he had RETAINED from "a
doing; heard him make no threats that he vould
DO 90; the only threat that heard from him was
At the commencement Of the stosming 81 the en-
gine-ho1ss; he then said we must ali take equal
shares with him; that be would no longer monop-
Ollie the places Of safety; he, however. made no
attempe to deprive us Of the places we had tafen:
Brown promised afety to all descri peIons of prop
cry except slave property at the time Of ssrauit
by the marines one Of the men cried out for rsr
Teri ne bad heard the Same man, In conversatiou
with Brown during the night, ask him II he was
commfntng treason against his country in rrsist.
Ing the marines, 70 which Brown REPLIED that he
was the man then said, 81 viii fight no LONGER -
mat ne thought he was merely fighting to Iiberate
the slaves; sfter the attack wa made on the en-
gtne- hon.e two Of Browns men cried for ouarter:
they iald down their arms, but afser the marinrs
pnrn open the door these men picked m thai,
arms again, and renewed the light: after tie Ami
astack Caps. Brown cried out 70 surrender. but he
vas mos heard; did not zee him afierwards: saw
CcPPee attempt TO IRE twice, but the caI. A..
Plooedi witness aw Capt. Brown wounded bv a
snaaa nom sabre on his hip, and several sabee