Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-10-31
Gdttst By Gslrarapb.
ExamInatlon oftha Tnmnantinni.,,.

AWN'NAAAANAANAAN
CHARLEsroS, Oct 20.
During the afternoon proceedings in the
trial Of Brown, several witnesses were cal-
led for the defense, and not answering, Mr.
Brown arose from his matfass evidently ox-
cited addressed The Court as follows sMay
il please the Court, discover that, notWith,
standing all the insertions that ] have re-
ceived OF fair trial, nothing like fair tri,
al is TO be given me as IL would seem.
gave the namea az coon as | could get at
them, Of the persons wished TO have called
as witnesses, and was assured that they
should be subpmnaed. ! wrote down a
m emorandum stating whore these parties
we're, but il appears that they haye not been
subpmnaed, 90 far as | can learn, and ! now
ask, if am 10 have anything at all deserv-
ing the name and shadow Of fair trial,
tina this proceeding be deferred until to-
morrow morning, when, ] have before stat
ed, | can get witnesses | oan rely on | am
in hopes that counsel may arrive who will
attead to seeing thet | get the witnesses
who arc necessary for my defense. 1 am
myself unable TO attend to it have given
all the attention possibly could, but I am
unable 10 see or know about them. | oan
even find out their names and know not
I
was oil taken from me when | was sacked
and stabbed, and have not dime. had
5000 and 90 or GO in gold and silver taken
from my pocket and now have no posi-.
BILE means Of getting any body to 20 on or
rands for me and they have not been done,
nor have all the witnesses been subp@naed;
they are not within reach and not here.
ask, least, until tomorrow morning to have
something done IL anything is designed; il
not, | am ready for anything that may come
up
Brown then lay down again, drew his
blanket over him and appeared to sink into
a tranquil slumber
Mr.. Hoyt, Browns counsel, from Boston,
asked for an adjournment unit morning, on
the ground that Judge Tildon would proba-
bly, arrive during the night and be able to
appear rs counsel. He excused himself
from conducting the defense because not
acquainted with the Virginia criminal code.
After further conversation between the
counsel, MIR. Green arose to state that Mr.
Bolts and himself would both withdraw
from the case and could oct no longer ia
behalf Of the prisoner; ne having got up and
declared that he has no confidence in his
counsel who have been assigned him Feel
ing concious that after this statement of his
| should feel myself an intruder upon this
case, were to act for him from this time
forward | had not the disposition to un-
dertake the defense, but accepted the duty
imposed on me; and | don't think under
these circumstances, when feel compelled
to withdraw, that the Court should insist
that should remain in such an unweleomt
position
The Court would not compel the gentle
men to remain in the case and accordingly
granted their request.
The proceedings at this point were post
pUned, and the Court adjourned at sil
clock
Great excitement prevails in the town
and the guard has been increased, the con
duct Of Brown being considered as a trick
FOURTH DAY.
CHARLESTON, Oct. 20.
The Court met at 10 clock this morning
The Judge announced that he had received
a note from the new counsel of the prisoner
requesting a delay of a few minutes to en-
able him to have brief interview with the
prisoner; he would accordingly wait shOr
time Soon alter Brown was brought il
and took his usual recumbent position il
bed. Samuel Chiffon, of Washington City
appeared as additional counsel for the pris
oner, and was qualified. Henry Griswold
of Cleveland, Ohio, was also qualified as
counsel for the prisoner Mr.. Chiffon mad
an explanatory statement He was unex
, peciedly called upon yesterday to aid in thu
defense; he came with the expectation O
merely assisting the gentlemen who wer
conducting the defense, but upon reaching
here he found they had Withdrawn from
the case; be then determined to do his best
not feeling at liberty to refuse under tn
circumstances However, it would be i'm
possible for him to discharge the full dut
of counsel, not haYing had time to read th
indictment or examine the evidence alrea
dy given. He made no motion, but b
would advise delay of few hours. in OIL
der that himself and his brother counse
could make some preparation,
The Court decided that the trial must G
on-no more delays could be granted.
The trial then proceeded. Mr.. Hoyt, fo
, the prisoner objected to receiving as ev
dence the letter of Gerrit Smith, heretofoT
published; also, the autobiography Of Brow
written by himself Both were withdrawn
S Several witnesses were then examined
Mr. Hoyt, and cross questioned by the pris
oner while lying on his bed, wrapped up i
a blanket The testimony was mainly rela
tive to Browns kind treatment to his pri
oners AT O'Clock recess was taken fc
dinner.
AFTERNOON SESSION.
Several witnesses were examined for tn
prisoner, all proving that Brown had trea
ed his prisoners with humanity, and frt
quently expressed his regret that bloodshe