New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-31
Trial of John Brown.
THE FOURTH DAYS PROCEEDINGS.
CHAELEsTows, Va. Saturday, Oct. %, 1859

lay for few minutes TO enable them to have an inter-
view with the prisoner He would accordingly wait a
| short time.
Soon afteIward Brown was brought in and took his
! usual recuInbent position in bed.
SAMUEL CHILTos of Washington City, appeared az
additional counsel for the prisoner, and wac qualified
HEsRY GRiswoLD of Cleveland, Ohio, was intro
duced 10 the Court az counsel for the prisoner and
qualified.
Mr. CHuros thought it due 20 himself TO make an
explanatory statement before the tria proceeded. Yee
terdsy he very unexpectedly called upon to come
here and aid in the defense OF the prisoner. Knowing
from the newspapers that the trial was in progress he
took time to consider and consul; his friends as to the
propriety of accepting the proposition. He would
have had no hesitation if he had been spoken to in
time but his friends advised him to come and he did
with the expectation of merely assisting the gentle
men already conducting the defense. Upon reaching
here be found that they had Withdrawn from the
and he then hesitaed about undertaking but upon
consultation with the prisoner and his friends here,
they insisted he should do So and he would do the best
he could not feeling kberty under the circumstances
10 refuse. These circumstances, however, would
der il impossible for him to discharge the full duty of
counsel not having had time 10 read the Indictment or
examination already given. He made no motion for
delay; this a matter entirely within the discretion
of tie Court and if the Judge thought proper refuse
grant pos,ponement he knew il would be done
under a sense of duty. Those extraordinary circum-
rances would also render IT Impossible for his
cate, Mr.. Grswold 10 discharge hls full duty conn.,
rel. sbort delay Of few hours if the Court thought
proper 10 grant il, would enable them TO make some
preparation.
The Court stated that the trial must 90 on Coun-
Eel had been assigned the prisoner here of bis
selection who had labored zealOufy in his behalf and
had withdrawn because the prisoner had yesterday
evening declared in open Court that he had conf
dence in them. No obstacle had at any time been
thrown in the way of the prisoners having an ample
defense. If this the only case of the kind before
the Court he would at once grant the request but
several smilar csses remain be disposed OF. This
term viii very end and it his duty to en-
deavor 10 get through with all the cases possible, IN
justice 10 the prisoners, and IN justice to the State
The trial must therefore proceed
Mr.. HcYT remarked that Yesterday various papers
in Court which were identified, for What purpose he
knew not but presumed he should be informed, some
a. being in Capt Browns handwriting and some ~
bearing his indorse ment. He had hastily examined
those paper- and wished to object to some OF them:
Tie learned gentlemen associated with him in the trial
rad not examined them, but be supposed the Court
would not regard that IA material under the present
ruling.
Mr. HUNTER. interrupting-There is no need of ar
gument about the matter. Designate those you wish
to object TO-
Mr.. HoYT-I desire TO know the object of the coun-
rel in introducing those papers.
Mr.. HUSTER-1he papers will speak for themselves.
II You will designate which OF them you object to, we
will 30 on 81 once.
Mr.. Howl object to the autobiography Of Capt.
Brown, as having no bearing on this case.
Mr. HusTER-I withdraw it.
Mr.. Howl object to the letter of Gerrt Smith
Mr.. HUNTER-I Withdraw that too.
Mr. HORT handed to the Clerk last night list OF
names we wished summoned as witnesses-Samuel
Strider Henry Ault, benjamin Mills, John r.. T. Dan
geTfeld and Capt. Slmms: l got dispatch nst now,
informing me that Capt Simms had gone to Frederick,
and would return in the first train this morning, and
come on to CharlestOwn this afternoon should Ike
to inquire whether the process had reached Capt
Simms at Harpers Ferry?
Sheriff CAMPBELL replied that the oilcer stated thht
Capt. Smms had gone to Frederick.
Mr.. IUNTER-Iie was here yesterday. l hope we
will proceed with some other witnesses.
john L. DASGERFIELD was called, and TESTIFIED th!t
lie WAS an officer of the armOry. He was prisoner
in the hands of Captain Brown at the englne-houSe.
Negotiations going on for the release oil az the
prisoners before the firing commenced About !. dozen
black men were there armed with pieces which they
carried most awkwardly and unwillingly. During the
firing they I S S~G, Dsss " was free to
say that from the treatment Of Captain Brown ne nau
no personal fear cf him his during his confe-
ment. Saw of the men shot IN the engine-nPuse;
lie fell back excaiming IT. all up with me, ahdu
m a few moments. This man. be learned, was one OF
Capt. Browns sons Saw another young man VINO
came in wounded and commenced to WON'T blood
He was also "a OF Captain Brown, ana was
wounded while out with Mr.. Klltzmliler Prisoner
frequently complained that his men were shot down
while carrying a flag OF truce.
Mr. HUNTER complained that they were gong over
AGAIN the same facts that were elected; and all this
! was freely admitted by the defense.
Mr. HOYT said that he regarded a. the only easi-
Die line of defense to prove these facts IL was the
duty Of counsel to show If possible, that oap brown
WA not guilty of treason murder instruction, ac-
cordng 10 the terms Of this Indictment We nope TO
prove the absence of malicious intention.
Mr.. HUNTER was frank to admit that he could mol
but regard this course as merely calculated TO waste
| tine.
Mr. HorT would remind the Court that the course
being rursued was not only in accordance win their
conyon of duty hut in accordance with the express
| c, nnands OF their client.
Tie CouET remarked that the counsel was response
BILE 10 the Court TO conduct the case according 10 'he
rules Of practice.
| MI How thought the language OF the prosecution
war calculated TO impugn the honor OF the counsel Tor
| the prisoner a., - ..ll
| MI. HUSrER-Nothng of the kind was intended
II /, nrr,uned the gentlemen viii conduct the case III
accordance with their duty counsel, ana ther re-
| suonsibliiy to the Court.
| Mr. DaNcrKTIrLD. resumed-lleari some CONVEX
sation by CAPT Brown 10 having IN his power 10
Law the Town in ashes AMI carrying on the women anu
| children but that be had refrained from 80 DONG;
heard him make no TIN eats that he would do So the
| only threat | heard from him was al the commence
roeit of the stOIEing Of the englne-louse ne tneh
said flat we must all take equal shares Win MN t-'
| we cculd no longer monopoze the places oil saiels
| he however, made no attempt 70 deprive III - '-v
places We had taken; Brown PROMISED saieit 10 az
tine OF tie assault by the marines one OF inc men
| cred out FOR quarter; he had heaFd the siiNe
| man in conversation WIN plOMH -
| the night, ask him Il he was eVhI ~, no
treason against his country resisting the Marines 70
which Brown replied that lie was the man 'heh S,
" III fight 10 longer, that he thought ne wa 'eIt!
| fighting 10 berae the slaves; after the ATTACK Wa
made on the ,ngine-hou.e, two OF Browns men ereu
for quarter and laid down their arms, but after tAe
Marines burst open the door they pLeAea men