The day book. [volume] (Norfolk, Va.) 1857-1867, 1859-11-02
Trial of Old Brown.

ment before the Jury Commenced.
On Saturday, the fourth day o. the trial,
the Courtmet at tea O'Clock, when Judge
Parker announced that he had just received
note from the new couasel Of the prisoner
requesting a short d-lay to enable him to
have an interview with him. The arrival of
Il. Griswold, Esq from Cleveland, Ohio. to
take part with George II. Hoyt, ESQ.,. of
Boston, in the defence. has increased the ex-
citement. 1t is a so said that Samuel Chill.
ton, Esq, of Washington, who arrived this
morning, will join in the de fence, So that the
case will take new course this morning.
fhe speech of Capt. Brown Friday even
ing, repudiatiug his counsel Messrs. Bolts 4
Green, who had certainly done all in their
power for ase SO utter ly indefensible hi
incensed the community against him to an
extent that can scarcely be maintained.
PROCEEDINGS COMMENDED.
AT III o'clock the prisoner was brought in
to court and laid down on his cot. He look
ed quite feeble and haggard, and the effect
OF the excitement of last evening was q ute
visible in his countenance.
Mr. Hoyt, of Boston, entered the court, &C.
companied by H. Griswold and Samuel Chill
ton, Esqs., the latter two gentlemen taking
the oath as attorneys in this court. Mr. Hoyt
having entered as counsel last evening,
MessrS. Chiiton & Griswold acting as asso-
ciate counsel
Mr. Chiffon thought it due to himself to
MAKE an explanatory statement before the
sria! should proceed. He was yesterday very
unexpectedly called upon to cone here and
take part in the defeace of the prisoner at
toe oar. | took some time to consider the
proposition. and finally agreed to come on,
under the expectation of finding Messrs Bolts
and Green still ia the case. On arriving
mere, however, learned for the FIRST time
the course the case had taken last evening.
!: nnese circumstances, however, would render
IL impossible for him to discharge the full
duty OF counsel, not having had time to read
tue indictment or examine the evidence al
ready taken. He would make no molten for
deiay-tnls was matter entirely within the
discretion OF the, Court, and if the Judge
tnougat proper to refuse to grant any post
ponement, he knew it would be done under a
sense OF duty: These extraordinary circum-
stances would also render it impossible for
ms associate, MIR. Griswood, to discharge the
iuit outy st counsel. A short delay of few
noars, II the Court thought proper to grand
1t would enable them to make preparation.
The Court decided that the trial must 90
oa. Council had been assigned to the pris-
oner here, of his own selection, who had la
bored zealously in his behalf, and had with
drawn because the prisoner had yesterday
evening declared in open court that he had
no confidence in them. No obstacle has at
any time been thrown in the way of the
prisoner having an ample defence. If this
was the only case of this kind before this
Court, he would at once grant the request,
but several similar cases remain to be dis.
posed OF. This term will very soon end, and
1T was his duty to endeaver to get through
all the cases, if possible, in justice to the
prisoners aad in justice to the State. The
trial must therefore proceed.
At a late hour Saturday afsernoos, Mr..
Harding commenced the opening argument
for the Commonwealth, and spoke onlv for
abou. forty minutes. He reviewed the testi-
mony as ELECTED during the examina alton. and
dwelt tor some time on the absurdity of the
claim or expectation of the prisoner, that he
should have been treated according to the
rules of honorable warfare. He seemed to
have lost sight of the fact that he was in
command of q band of murderers and thieves
aud had forfeited all title to protection of
any kind.
The Court then adjourned at S O'Clock to
meet again at 10 clock On Monday morning,
when Mr.. Chiffon will deliver the opening
speech for the prisoner.