The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1859-11-04

Tor onC-hith.
Circuit Court, Judge Parker. Court
mot at 10 O'Clock, The grand Jury was
called and retired to resume the cxamin-
alton OF witnesses. The court took a re-.
cess, awaiting the return Of the jury.
Mr.. Johnson, U. s. Marshal, ol Clevc-
land, Ohio, arrived this morning, visited
the prisoners, and identified Copeland as
fugitive from Justice In Ohio. His object
as supposed 20 be 60 ferret out testimony
inhaeaung other parties. Cannon is
stationed I'M 'front.' Of the court house, and
an aTmea gu'fa V potrolling around the
jail, for fear OF a rescue.
| Al ~ o'clock the couft re-ussembled.
The jury reported true bills esalnst the
prisoners, an wore disohorg d. Chas.
b. Harding, assisted by Andrew Hunter
represents the commonwealth Ch1s J
| Faulkner and Lawrence Bolts, counsel
/ for prisoners. A true bill was read
against each prisoner, first for conspirinp
I with negroes to produce insurrectiun
second los treason 60 the commonwealth;
and third for murder. Tho prisoners
were brought into court, accompanied by
a large body of men. They passed thrO'
the street and entered the court house
without the slightest demonstration ON
the part Of the people. Blown looked
somewhat botter-his eyes not so much
swollen. Stephens had to be supported
and reclined on a mattrass on the floor
OF the court room-ovidontly unable TO
sit. His appearance is almost that OF a
dying man, breathing with difficulty and
painting for breath.
Mr.. Eau .kner, one of tho prisoners coun-
sci having Lott, Mr.. Green was appointed
in his place.
Brown arose and said--I do not intend
20 dctain the court, but merely wish Ia
say as | have been promised fair trial
that | am not in inoircumstances that
enable me 10 attend 10 trial owing t.
the state Of my health have a severe
injury In tho back, or rather in one kid.
ney, which enloobles me very much; but
| am doing well, and only ask for n very
short delay of trial and think may gel
able to listen to Il; and merely ask thi,
that, as the ying is, the devil may have
his dues--no more. ! wish 20 say further
that my hearing is impaired and rendere,
indistinct in consequence of wounds
have about my head. cannot hear dis
tictly at oil. could not hear what tn,
court has had TO say this morning,
would be glad 10 hear what is is said OF
} my trial, and am now doing better thai
| could expect; 80 that seeing that unde
the circumstances, very short tim
} would be oil would ask. ! do not pre-
sumo TO ask more than very short de
lay, so that ] may in some degree recoYe
! aud be able at least 10 listen 10 my triu
3 and hear what questions arc asked OF In
Y citizens and what their answers are.
I that could be allowed me, | should b.
very much obliged.
T Mr.. Hunter said the request was rnthe
o premature. The arraignment could bl
: made and this question could then b.
II considered. Court ordered the indict
j. ment TO be read 20 that the prisoner
> could plead guilty or not guilty, and wo',
j. then consider Browns request. Prisoner
: were then compelled TO stand during thl
{ HTaignmont.
Brown stood up with difficulty an
Stevens was held up by two balfls Port
/, Crayon was present and took sketches O
= the prisoners. The reading of indict
ments occupied about 30 minutes. Tn
! prisoners each responded to the usun
70 question, not guilty, and desired 10 b
: tried separately.
q Mr. Faulkner-The State elects to tr
John Brown.
3 The Court--His condition must be in
e quired into.
: Mr.. Boits-I nm instructed to say b
Brown that no is mentally and PHYSICAL
4 unable 10 proceed with his trial at tbi
P time. He also heard to-day that counsC
9 of his own choice will be here whom h
n will Of course prefer. He asks only fo
Q delay Of two OF three days. Il seem
o 10 me but a reasonable request aud hop
h the court will grant il.
y Mr.. Hunter said he did not think Il th
d duty Of the prosecutor for the common
n wealth, or for one occupying that pos
Q tion to oppose anything that justice II
quired, nor object 10 anything that involN
i ed a simple consideration of humanity
q where il could be properly allowed; "
s in regard TO this proposition and della
d Of the trial Of John Brown, one, two {
: three days, they deemed it their duty tbs
J. the court, before determining the matte
!. should be put in possession Of facts an
; circumstances, judioially, that they wer
8 aware of in the line Of their duties a
d prosecutors. His own opinion was thI
Q i was not safe or proper to delay the trit
= of this prisoner for a single day.
; Mr.. Harding concurred in the objoI
tions Of Mr. Hunter on the ground {
e danger In delay. Also because Brow
h was the leader Of the insurrection, an
r his trial ought to be proceeded with 0
i account of the advantage thereby accn
+ ing on the trial Of the others.
= Mr.. Green remarked that he had enjol
a ed no opportunity for consulting vii
'- prisoners or preparing for defence. tn
letters for northern counsel had been sol
g OF, butulioient time had not been aflort
+ ed TO receive answers.
- The co Ht stated that if physical int
y bility was shown, a reasonable dcla
Ie must be granted. As 10 the expectation
Of Of other counsel, that did not constitute
n sufficient cause for the delay, as thei
1t was no certainty about their coming.-
D Under the circumstances in which th
prisoners were situated, II was naturi
70 that they should seek delay. The brit
B. period remaining before the close Of ter
d. Of the court rendered il necessary 10 pr
B. ceed as expeditiously a. was practicabl
Of and TO be cautious about granting delay
ID lie would request the physicians WI
% had attended Brown 20 testify a. 10 h
d condition. The court finally refused
D. postpone the trial, and the whole aite
, noon Was occupied in obtaining jury :
r Brown occupied a cot on which he W
carried into the court room.
October 97th.
ID The New York Herald publishes q
.e ries Of letters from Col, Forbes, the aut
1t or Of the instruction books for Gueuil
n warefare, found at Browns house, TO v
ID rious abolitiouista, giving the plans of Il