Saint Paul weekly Minnesotian., 1859-11-05
been retaken and returned to their mas

| SenteQ 10 allow MeSSrS. Faulkner ana Bolts
to act as his counsel-they assuring him that
| they will defend him faithfully and give him
the advantage ofevery privilege that the law
will allow. Stephens declares that he does
not desire to be defended by Northern coun-
| sel-preferring Southern-and that the Court
should appoint them There is decided
sympathy for Stephens, not only on account
| OF his sutferings, but that he has shown none
OF that vndictiveness and hardihood that
characterizes Brown. His regret is regarded
as caused by the consequences of his folly,
aud the examination yesterday indicated that
the otheriprisoners have lost their confidence
in Brown, and are not disposed to follow him
in his defiant course.
II o'clock Court re-assembled. =
The jury reported a true bill against the
prisoners and were discharged.
Chas. B. Harding, assisted by Andrew
Hunter, represent the Commonwealth, Chas.
| j. Faulkner and Lawson Bolts are counsel for
the prisoners. t.
True bin read against each prisoner =
First, " conSplring with negroes to pro-
duce an insurrecticn. 2.N -'-s<-
Second, for treason to Commonwealth, and
Third, for murder ,-.t =
The prisoners were brought into court ac-
companicd by body Of armed men. They
passed along through the street and entered
the court house without the slightest demon.
stration to the part of the people.
Brown looked somewhat better, eye not so
much swollen. Stevens had to be supported,
and reclined On mattrass on the floor at the
Court Room, evidently unable to sit up. He
has the appearance Of almost dying man,
breathing with difficulty and painting for
breath.
Before the reading of the bill ofindictment,
Hunter called the attention of the court to the
necessity of appointing additional counsel for
the prisoners, stating that one of the counsel,
Faulkner who had been appointed by the
County Cour:, considered his duty in that ca
pacity ended, and had left. The prisoners,
therefore, had no other counsel than Bolts,
and if the Court was about to assign them
any other counsel it might be proper to do SO
now. .
Mr.. Bolts said the prisoners retained him
and desired to have Mr. Green ASSIST him if
the Court would accede to that management
it wouid DO very agreeble to him personally.
The Court requested Mr.. Green to act as
assistant counsel for the prisoners, and he
consented to do so.
Brown arose and said:
w uOt iuIcLu " utIdlll tue COuTt, OUT
merely wish to say, as have been promised
fair trial, that am not now in Circumstance
es that enable me to attend trial, owing to
the state OF my health. have severe in
jury in my back, or rather in one kidney,
which enfeebles me very much. l only ask
for very short delay of my trial and l think
this, as the saying is, ''that the devil may
hNxya L. I 81
further, that my hearing is impaired and rem
have about my head. | cannot hear distinct
ly. could not hear what the Court said this
morning would like to hear what is said
on my trial, and am now doing better than
| expected, so that under these circumstances
a very short time is all would ask do not
presume to ask more than very short delay,
so that may in some degree recover and be
able at least to listen to my trial, and hear
what question are asked of the citizens and
what their answers are. If that would be
allowed me, should be very much obliged"
Mr.. Hunter said the request was rather pre-
mature. The arraignments could be made and
this question could then be considered.
The Court ordered the indictment to be
read, so that the prisoners could plead guilty
or rot guilty and would tl.en consider Browns
request. ...
The prisoners were compelled to stand du-
ring arraisnment, Brown also standing.-
Brown stood up with difficulty, and Stevens
was held upright by two bailitfs.. Port Cray
Oh was present and took sketches OF the pIis.
oners as thus arraigned -."r
The reading Of the indictment occuied 20
minutes. The prisoners each responded to the
usual question mot guilty. and desired to be
tried separately.
Mr. Faulkncr-The State elect to try John
Brown.
The Court--His condition must be inquir-
ed into.
Mr.. Botts-I am instructed to say by
Brown that he is mentally and physically un-
able to proceed with his trial at this time
He has also heard to-day that counsel of his
Sown choice will be here, whom he will of
course prefer. He asks only for delay of
two or three DAYS. 1t seems TO be but a rea.
sonablc request, and hope the Court will
grant it. e'Ta".sE5 .-.P $50 saEssgs-g
Mr.. Hunter said he did not think it the du-
ty of the prosecutor for the Commonwealth or
for one occupying that position to oppose any,
thing that justice required, nor to object to
any thing that involved simple consideration
of humanity, where it could be properly al
lowed yet, in regard to this proposition to
delay the trial of John Brown two or three
days, they deemed it their duty that the Court
before determining the matter, should be in
possession Of fact and circumstances judcially
that they were aware of in the line of their
duties as prosecutors. His own opinion was
that it was not proper to delay the trial Of the
| prisoner for single day, and there was no
necessity for it. He alluded in general terms
to conditions of things with which they are
now surrounded, being such as to make it
dangerous, to say nothing of the exceeding
pressure upon the physical resources of the
community, growing out Of tho circumstances
connected with the affairs for which the pris-
oners are to be tried, and that our law, in
making special provisions for allowing briefer
time than usual, in case of conviction for such
offenders, within the discretion of the Court,
between condemnation and execution, evil
IDENTIFY indicates, indirectly, the necessity for
acting promptly and decisively though always
justly in proceeding of this kind -
In reference TO the physical condition of
Brown, he asked the Court not to receive un-
important statements of the prisoners as suf-
ficient ground of delay, but that the TAILOR and
physicians be examined. AS to expecting
counsel from abroad, he said no impedlnent
had been thrown in the way Of the prisoners
procuring such counsel as they desired, but,
on the contrary every facility afforded. Able
and intelligent counsel had been assigned them,
and he apprehended there was little reason to
expect the attendance of those gentlemen from
the North who had been written to.
There was also public duty resting upon
them to act as far as possible within the forms
Of law, with reference to the great and never
to be lost sight of idea that is, giving a fair
and impartial trial to the prisonvrs. The in
production of anything likely to weaken ouI
present position and to give strength to our
enemies abroad. Whether it issued from the
jury, or whether it comes from the mouths
of the prisoners or any other source, it was
| their position that had been impefiled and
jeopardizad as the suppose by enemies. "