The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-11-03

stated that they had not completed the exam
NATION OF witnesses. They were discharged
until tomorrow morning at ten o'clock.
CAdrIesto~n, Oct. 26.-The Grand jury. con
sisting of nineteen persons, presented to the
court, through their foreman, Thomas Ruther
ford, Esq, at II o'clock to-day, a Joint indict
ment against the FIVE Harper's Ferry prisoners
first for conspiring with negroes to produce an
lnsurection; second, for treason to the Com
Tonwealth; and third, for murder.
The prisoners were brought into court, ac-
companied by body of armed men, without
the slightest demonstration on the part of the
people. Stevens was laid upon mattrass, and
had TO be supported while the clerk read the
Lengthy indictment Brown rose, but soon sat
down. They all plead "not guilty." and de-
manded to be tried separately.
The State called the case of John Brown,
and the court at the request of the prisoner, ap-
pointed as his counsel Lawson Bolts and Thorn
as c. Green, Esqrs. Mr.. Faulkner, appointed
by the County Court, considering his duty as
having ended, had LEFT here. Charles B. Hard
ing, Esq, assisted by Andrew Hunter, ESQ.,,
represented the Commonwealth.
Brown then rose, and asked the Court to de-
lay his trial. His hearing was imperfect in
Consequence Of wounds in the head, but he was
rapidly improving, and he hoped soon to be
trial. he also expected other counsel. He
hoped they would give even the devil his due,
and no more.
Mr.. Bolts, after conference with Brown, stated
that he was mentally and physically unable to
attend to his case. Brown wished for delay
of not over three days, to regain his strength
and obtain other counsel.
Mr.. Green also urged the postponement.
Mr. Hunter, for the State, said that in the
- + -
be dangerous. Browns physical condition
could be proven by witnesses, and he had been
afforded every facility to obtain counsel
Mr.. Harding. States Attorney, wished Browns
case to be first taken up, because his convic-
ton would involve all his associates
Judge Parker stated that physical inability
was good cause for delay, if it could be shown.
Without some reasonable assurance of other
counsel, the court could not graut delay, be-
cause OF the nature Of the case, and because
the term was limited, be having to hold court
in another county on the 10th of November.
Or. J. F. Mason, physician; Captain Avis,
jailer; and ID. II. Coekrel, Jail guard, were
then examined. and they testified that Brown
conversed iutelligently, and they thought he
was physically able 10 attend the trial
The Court decided that the trial of Brown
must proceed, bat regard would be had to his
condition, so as to avoid his being wearied.
AFTERNOON SESSION-wEDSEsDAY.
At 'wo o'clock, the iailer was ordered to
bring Brown into court. he found him in bed,
and be declared himself unable TO rise He
was accordingly brought into court on cot.
which was set down within the bar. The prison
er LAID most Of the time with his eyes closed,
and the Counterpart drawn up close under his
chin. he is apparently not much injured, but
Is determined TO resist the pushing of his trial
BY al the means In his power.
The jury were then called, and sworn. The
jurors were questioned as to having formed or
expressed any opinion that would prevent them
deciding impartially on the merits of the testi.
mOny. The court excluded those who we're
present at Harper's Ferry during the insurrec
tlon and saw the prisoners perpetrating the
acts for which they are to be tried. The Jurors
called were all from distant parts of the county,
mostly farmers, some Of them owning few
slaves, and others none
EAPANELLEG THE JURY.
The examination Of the Jurors was continued
until tEenty-four were decided by the court and
counsel TO be competent Jurors. Out of these
twenty-our, the counsel for the prisoner has a
right to strike off eight, and then twelve are
drawn by ballot cut of the remaining sixteen.
The following were the questions put to the
jurors:
We're you at Harper's Ferry on Monday or |
Tuesday,
How long did you remain there?
Did you witness any of the proceedings for |
which this party is to be tried?
Did you form or express any opinion, from |
What you saw there, with regard u TIA ora,ilt Or
Would that opinion disqualify you from Civ |
ing these men fair trial
Did you hear any of the evidence in the case |
before the examining court?
What was that oDinion ssaJ m p W.. -
a decided one, or was it one which would Weld
70 evidence, if the evidence was different from |
what you supposed?
Are you sure that you can try this case i'm
partially, from the evidence alone, withost ref |
erence to anything you have heard or seen of
this transaction
Have you any conscientious scruples against
convicting party of an offence to which the
law assigns the punishment of death. merely |
because that is the penalty assigned
The following gentlemen were finally fixed
upon as the twelve jurors to try the case:
Richard Undertake, Joseph Myers, Thomas
Watson, Jun, Isaac Dust, John c. Mcclure.
William Rghtstine, Jacob ]. Miller, Thomas
Osborne, George w. Boyer, John c. Wiltshire,
George w Tapp, William A. Martin.
The jury were not sworn on the case. but
the judge charged them not to converse upon
the case, or to permit others to converse with
them.
They were at five o'clock dismissed, the
prisoner was carried over to jail on his cot,
and the court adjourned until tomorrow Thurs.
day. morning.
THE SECOND DAY.
ChGrIeStolcn, oct. 27.-Capt. Brown was
brought into court this morning, walking. hat
on reaching the bar, he laid down at full length
on his cot He looked considerably better. the
swelling having left his eyes.
Senator Mason was present.
Messrs. Harding and Hunter appeared for
the Commonwealth, and Messrs. Bolts and
Green for the prisoner.
Mr.. Bolts read the following dispatch. re-
ceived by him this morning:
Akron, Ohio, Oct. 26.-Io c. J. Faulkner
and Lawson Bolts, Esqs: John Brown, the
leader of the instruction at Harper's Ferry.
Va, and several of his family, have resided
IN tins county many years. INSANITY Is beredi
tary in that family. His mother and sister
died with L. and daughter Of that sister has
been two years IN the lunatic asylum. A son
and daughter OF his mothers brother have also
been coubned IN the lunatc asylum. and an
other son Of that brother is now insane. and
under close restraint. These facts can be con.
cluswely proven 10y witnesses residing here.
who VIII doubtless attend the trial, if desired.
A. II. LEWIS.
William B. Allen, the telegraphic operator
at the kron Office, ADDS to the above dispatch,
that A. II. Lewis is a resident of that place,
and his statements are entitled to implicit
credit.
Mr.. Bolts said that, on receiving the above
dispatch, be went TO the jail with his associate.
Mr.. Green, and read it to Capt. Brown: and il
desired 10y the latter to say, that in his fathers
family there has never been INV ;peor;,- -. II