Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1859-11-03

ing but that which conscience gives or cowardice
would drive you to practice.
II ask to be excused from the mockery Of q
| trial do not know what the design of this ex-
animation is. do not know what is to bs itbs
benefit of it to the Commonwealth. have now
little to ask other than that be not publicly in
| shifted az cowardly barbarians insult those who
fall into their hands"
The Court assigned Charles ]. Faulkner and
Lawson Bolts as counsel for the prisoners.
After some consultation with the prisoners, MIR.
Faulk"er, addressing the Court, said:
was about to remark to the Court, thnt al
though 1 feel at any time willing to discharge any
duty which the Court can legally and by authori-
ty of law devolve upon me, am not in the first
place, aware of any authoity which this Court
has, sitting as an examining Court, to assign
counsel for the defence. Besides, it IS manifest
from the remarks just made by ono OF the prison
ers that he regards the appearance OF c'unsei un.
der such circumstances not oone Fde aet' ou'
rather as mockery. Under these circumstances &c
do not feel disposed to assume the responsloill'
~ of that position. I have other reasons for de-
ciininp bspostion connected with my having been
st tho place of and hearing all the admissions
Ofthe prisoners, which render it improper and in-
( expedent for me to act as counsel. II the Court
had authority to order it peremptorily. should
scquiesce and obey that authority, but am not
avail that there is any such power vested In this
Court and as it is if the prisoners desire, will
see that full justice is done them.
| Mr. Bolts said he did not feel it his duty to de-
cline that appointment Of the Court. He YVES pre-
pared to do bis best to defend the prisoners, and
he hoped the Court would assign him some eIpe-
rienced assistant if Mr.. Faulkner declined
Mr.. Harding then addressed Brown, and asked
him if he was willing to accept Messrs Faulkner
and Bolts as counsel. Captain Brown replied, 81
wish to say that have sent for counsel. 1 did
apply. through the advice Of some persons here,
| to some persons whose names do not now recol-
lect to act as counsel for me- snd have sent for
other counsel who have not had time to reach
here, and have bad no possible opportunity to see
me. 1 wish for counsel if am to have trial,
but if am to have nothing but the mockery Of q
trial, as said. do not care anything about coun
sci. 1t is unnecessary to trouble any gentleman
with that duty"
Mr.. Harding-'You are to have fair trial."
Captain Brown-'.There were certain men, I
| think Mr.. Bolts was one of them, who declined
acting as counsel, but am not positive about 1t {;
cannot remember whether he was one because
| l have heard so many names. l am stranger
here and do not know the disposition or character
of the gentleman named. Ibaveapplied for coun-
sci of my own and doubtless could have them, if
am not, as said before, to be hurried to execu
ton before they can reach here. But if that be
the disposition that is to be made all this trouble
and expense can be saved"
Mr.. Harding-"The question is, do you desire
| the aid Of Messrs. Faulkner and Bolts as your
counsel? Please to cnswer yes or no.
Capt. Brown-"I cannot regard this as an e1-
animation under any circumstances. 1woald pre-
g.. 81 che Oh hair
feel as if it was matter of little account to me,
If they had designed to assist me as counsel,
should have wanted an opportunity to consult
with them at my leisure"
Mr.. Harding-"Stevens, are you willing those
gentlemen should act as your counsel 7"
Stevens-"I am willing that gentleman shall, !"
(pointing to Mr.. Botts
Mr.. Harding-"Do you object to Faulkner"
Stevens-"No I am willing to take both"
Mr. Harding then addressed each Of the other
prisoners separately. and each stated his willing
ness to be defended By the counsel named.
The Court then issued peremptory orders that
the press should not publish detailed testimony,
as it would render the getting Of jury before the
Circuit Court impossible.
Col. Washington and some five or six others
were examined, but the evidence discloses nothing
more than has been already published.
The preliminary examination being Concluded,
the Court remanded the prisoners for trial before
the Circuit Court.
CHARLEsTowN, October 26.
The Grand Jury for the Circuit Court Of JEFF.
ferson County, Judge Richard Parker presiding,
came into court to- day, and reported true bills
against the Harpers Ferry insurrectonists.
Charles B. Handy and Andrew Hunter, Esqs.,
appeared for the State and Charles 1asaes F~"ik
ner and Lawson Bolts, E>qs., for the prisoners.
The indictments were read. They charge
First Conspiring with negroes to create an In
surrection Second: Treason against the Com
monwealth of Virginia Third: Murder.
Before reading the indictments, Mr.. Hunter
called the attention of the Court to the necessity
of appointing additional counsel for the prison
ers. He stated that Mr.. Faulkner considered
that his duty in that capacity as ended, and had
left The prisoners, therefore, had no other
counsel than Mr.. Bolts.
After consulting with John Brown, MIR. Bolts
stated that the prisoners retained him, and de-
sired to have Mr. Green TO assist. The Court re-
quested Mr.. Green to act rs counsel. and Mr.
Green consented.
Capt. Brown made speech, and asked for
delay of a few days. He said he should then be
better able to attend tie trial.
they plead mot guilty"
The prosecuting attorney elected to .ry broWn
first on the part of the State.
Brown plead for delay. He said that he had
counsel now on the way from the North.
The Court said that the condition of the priso-
uer required that some regard be paid to his re-
quest for delay
The physician of the jail and the ijailor were
summoned to testify. The physician gave it as
his opinion that the prisoner was physically able
to proceed with the trial. The Court then ad-
journed until tomorrow.
CuAnLEsTowY, Va October 26.
Charlestown is full to overAowing with people,
and the excitement in regard to the trial is in
tense The conduct, prospects, and even the ex-
ecution of the prisoners, which is regarded as
certain to take place OF an early day. are discussed
from every possible point of view
Capt Brown, it is reported, has consented to
allow Messrs. Faulkner and Bolts to net as his
counsel, they assuring him that they will defend
him faithfully and give him the advantage of eve
ry privilege that the law will allow. Stevens de-
cares that he does not desire TO be defended by
Northern counsel, preferring Southern men, and
that the Court should name them. There is de-
cided sympathy expressed for Stevens: not only
on account of his sufferipgs, but because he has
shown none of that vindictiveness and hardihoOd
that characterizes Brown. His regret is regarded
as caused by the consequence of his folly. The
examination yesterday indicated that the other
prisonsers have lost their confidence in Captain
Brown and nre not disposed to follow him in his
defiant course.
Mr.. johnson, United States Marshal at Cleve-
land Ohio, arrived this morning. He visited
the prisoners, and identified the negro, Copeland
as fugitive from justice in Ohio. His object