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

4
4 Brown then laid down again, drew his blanket
over him, and closed his eyes, and appeared tc
sink in tranquil slumber.
Mr.. Hoyt, of Boston, who had been sitting
quietly all day at the side of Mr.. Bolts, now
arose amid great sensation, and addressed the
court as follows:
"May it please the Court, would add my
voice to the appeal of Capt. Brown, although
have had no consultation with him, that fur
Their hearing of the case be postponed until
morning. He said he would state the reason
for this request. he was informed, and had
reason to believe, that Judge Tilden, of Ohio,
| was on the way to Charlestown, and would un-
I doubtedly arrive at Harpers Ferry tonight at
seven o'clock He had taken measures to Sc
cure that gentleman's arrival at this place to-
night, if he reaches the Ferry. For himself,
he had come from Boston, travelling night and
day, to volunteer his services in the defence of
Capt. Brown, but he cannot take the response
bility of undertaking his defence as now situated.
| The gentlemen who have defended Capt. Brown
have acted in an honorable and dignifed man
ner in all respects, so far as / know. But
cannot assume the responsibility of defend
ing him myself, for many reasons. First. 1t
would be ridiculous for me to do it.
have not read the indictment thoroughly !;
have not, except so far as l have listened to
got any idea of the line of defence proposed.
/ have no knowledge of the criminal code of
Virginia, and have had no time to read it.
have had no time to examine the questions
arising in this defence, some of which are of
considerable importance, especially relative to
the jurisdiction over the Armory grounds. For
all these reasons, / ask continuance of the
case till morning"
Mr.. Bolts. In Justice to myself, must state
that on being first assigned as counsel for Capt.
Brown, l conferred with him, and, at his in
stance, took down a list of witnesses that he
desired subpenaed. In his behalf, though late
at night, l called upon the sheriff, aud informed
him that l wished subpanas issued early in
the morning. This was done, and there are
here Messrs. Phelps, Williams, and Grist, who
had been examined.
Sheriff Campbell stated that the subpoenas
were placed in the hands of the officers, with
the request to serve them at once, and they
must have served them, as some of the witness
es are here. The process not returned may
have been sent by private hands, and failed to
arrive.
Mr.. Bolts thought they had shown, and was
confident he spoke the public sentiment of the
whole community when he said they wished
Capt Brown to have fair trial
The counsel for the State insisted on pro-
ceeding with the trial.
Mr.. Green arose to state that Mr.. Bolts and
himself would both now withdraw from the
case, and can no longer act in behalf of the
prisoner, he having got up now and declared
here, that he has no confidence in the counsel
who have been assigned him.
Mr.. Harding. We have been delayed from
time to time, by similar applications, in the ex-
pectaton of the arrival of counsel, until we now
have reached point of time when we are ready
to submit the case to the jury upon the evidence
and law, when another application arises for a
continuance. The very witness that they now
consider material, Mr.. Dangerfield, came here,
summoned by ourselves but deeming that we
had testimony enough, we did not examine
him.
The Court. The idea of waiting for counsel
to study our code through, could not be admit
ted. AS to the other ground, do not know
whether the process has been executed or not,
as no return has been made.
Mr.. Bolts. l have endeavored to do my duty
in this matter, but / cannot see how, consist
emily with my own feelings, can remain any
longer in this case, when the accused, whom /
have been laboring to defend, declares in open
court that he has 10 confidence in his counsels.
make this suggestion That / now retire
from this case, and the more especially since
there is now here gentleman from Boston who
prisoner. | suggest to the court to allow him
this night for preparation. Ny notes, nay of
fee, and my services, shall be at his command.
l will sit up with him all night, to put him in
possession OF all the law and facts in relation
mean time the sheriff can be directed to have
the other witnesses here tomorrow morning.
The court would not compel the gentlemen
to remain on the case, and accordingly, grant
ed the requst to postpone, and at six o'clock
adjourned till tomorrow morning.
There Is great excitement, and the town
guard has been increased. The conduct of
Brown is regarded as a trick to gain time.
A. P. Willard, Governor of Indiana, and
brother-in-law of Cook, accompanied by J. E.
Mcdonald, Attorney General of Indiana, and
D. w. Voorhees,, and NJ. NJ Randolph, arrived
here, and spent the morning with Capt. Cook.
sATURDAY-FoURTH DAY.
Charleston, "a, Oct. 29.--The Court met at
ten o'clock, when Judge Parker announced that
he had just received a note from the new coun-
sci of the prisoner, requesting short delay, to
enable them to have an interview with him.
The arrival of II. Griswold, ESQ, from Cleve-
land, Ohio, to take part with George H. Hoyt,
Esq, of Boston, in the defence, has increased
the excitement. Samuel Chiffon, ESQ.,, of Wash
ington, who arrived this morning, viii join the
defence also, so that the case takes new
course this morning. Mr.. Chilten comes here
at the instance of parties in Boston.
The speech of Captain Brown, last evening"
repudiating his counsel, Messrs. Bolts and
Green, of Va, who had certainly done all in
their power for case so utterly indefensible,
has incensed the community against him to an
extent that can scarcely be restrained.
PROCEEDINGS COMMENCED.
At ii o'clock, the prisoner was brought into
court, and laid down on his cot. He looked
quite feeble and haggard, and the effect of the
excitement of last evening was quite visible in
his countenance.
Mr.. Hoyt, of Boston, entered court accom-
panied by II. Griswold and Samuel Chiffon,
Esqs the latter two gentlemen taking the oath
attorneys in this court. Mr.. Hoyt having
entered as counsel last evening, Messrs. Chiffon
and Grswold acted as associate counsel.
Mr. Chiffon thought it due to himself to make
an explanatory statement, before the trial
should proceed. He was Yesterday very unex.
pectedly called upon to come here, and take
part IN the defence of the prisoner at the bar.
took some time to consider the proposition, and
finally agreed to come under the expectation
<; ending Messrs. Bolts and Green still in the
case. On arriving here, however, | learned for
the hrst time the course the case had taken last
evening. These circumstances, however, would
render it impossible for him TO discharge the
full duty of counsel, not having had time TO
read the indictment, or examine the evidence
already taken. He would make 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 post
| ponement, he knew it would be done under q
sense OF duty. Here extraordinary circum-
stances would also render it impossible for his
/ aSSOclatp. Mr. 10, Al r II