The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-30
THE HARPERy FERRY OUTBREAK
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No Tfial II John Brown, Charged with Con-
v sPifasy, TREASON and Murder.
~>>~~>~>~>~>>~~~~~~~>o~ 9a N ta
C0NCLUEI0N or THE EVIDENCE.
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UIIEC Up FOR THE PROSECUTION.
Interesting Correspondence from Har-
psr's Ferry and Richmond.
$500 qs4s Observation-Disclosures t#st
THE INDICTMENT AGAINST THE PRISONERS
->~~~v>~~c~.~~~~-.~~~~~~-~ - fAt
JeshIa 3. Giddings' Address on Slavery
and Old Browns Plot,
&C., -, SC.
cdHCLUs1oE OF THE EVIDENCE.


&C., So, sc.
xHE FOURTH DAYS PROCEEDINGS. \
- -. CaAnxnowx, Va, oct. ~, 1859.
n Court met at Ten O'Clock.
She JUDGE announced that be bad received note from
me new counsel Of the prisoner requesting delay for
nsv minutes, enable them 10 have interview with
The prisoner. He would accordingly wait short time
Soon afterwards Brown brought In, and took his
Usual recumbent position in bed.
Samuel Chiffon, OF Washington city, appeared addi
tssal counsel for tho prisoner, and was qualified.
Henry Griswold, Of Cleveland Ohio was introduced to
tho Court counsel for the prisoner, and qualified
Mr. CrmToS thought II due to himself to make an ex-
pnatory before the trial proceeded Yester-
day very Unexpectedly called upon here,
and aid In the defence Of the prisoner. Knowing from
The newspapers that the trial was in progress he
took time 10 consider and consult his friends
as to the propriety or accepting the propo-
sstion. He would have had no hesitation be
hAA been spoken to in time, but his friends sdvsed
him come, and he did with the expectation Of merely
assisting the gentlemen already conducting the defence.
Upon reaching here he found that they had withdrawn
from the case, and he then hesated about undertaking
Is but upon consultation with the prisoner and his friends
Aere they insisted be should do So he would the
best he could not feeling at liberty under the circum
stances TO refuse. These circumstances, however, would
render impossible for him to discharge the full duty Of
counsel not having had time 10 read the indictment or
exanination already given. he made motion for
delay this matter entirely within the discretion Of
the Court and the Judge thought proper to refuse
grant any postponement, he knew 1t would be
done under q Of duty. Those extraordinary
circumstances would alao render Il impossible for his
associate, Mr.. Grswold, to discharge his full duty
counsel short delay Of few hours, If the Court
thought proper grant it, would enable them TO make
some preparation.
The CouKr decided that the trial must 60 on. No more
delays could be granted.
Mr. Hoyr objected the receiving evidence Of the
letter Of Gerrit Smith heretofore pubshed also the
autobiography Of Brown written by himself, and both
were withdrawn.
Several witnesses then examined by Mr.. Hoyt,
and questioned by the prisoner lying his bed,
wrapped In blanket The testimony mainly relative
TO Browns kind treatment of his prisoners.
AZ one O'Clock taken far dinner.
gTr slM AFTERNOON SESSION.
Al the afternoon witnesses for the prso-
nor examined, all proving that Brown had treated
hs prsoners with humanity and frequently expressed his
regret that blood should have been shed by him self
defence.
NE defence closed their testimony about four O'Clock
and the State desired to give the the jury wi,hou:
argument
Capt Brown insisted that his counsel should argue the
case and after opening speech for the State the
adjourned Monday morning, when the counsel for the
prisoner viii proceed.
THE CAPTURED NsURGENT AT CARLISLE.
CARLISLE, Pa, Oct 90, 1859.
Tho prisoner in jail here, for whom requstion was
made by the Governor Of Virginia Albert Hazlet,
before the Judge to-day upon writ of habeas corpus
Counsel for the prisoner clamei his discharge tho
ground that his VIM. Harrison. Several resi-
dents Of Harpers Ferry were examined, and testified
positively that the prisoner was one OF the invaders
They had conversed with him and recognized him. Mr..
Copeland he the fash of his rife when in the
act of shooting citizen No OF the witnesses knew
his
The Court took the ground that the requson legally
ana ay right but there s evidence that have
amy man in our custody named Hazlet whom
deliver on this requsion. We ago satisfied that a
srous has been committed, and that the prisoner
was there and participated and therefore recomm him
to await requstisn from the Governor OF Virginia
TIE BILL OF INDICTMENT FOUND AGAINST
THE PRISONERS.
The following is the bill Of Indictment found by tho
Grand Jury
Jsdscia1 Cs,csat g vsyinsa, Isgason oOsrsy, @ s- =
0AsthAucu0u
attending upon the Circuit Court Of said county upon their
Oaths present that John Brown, Aaron G. Stephens
ana Shields Green and John Copeland, free negroes
gcher with divers other evil minded and atorous per
sons the Jurors unknown, not having the fear of God
before their eyes, but being moved and scduced by the
false and malignant counsel Of other evil and tratorous
persons and the instgasions q the devil, did, severay,
OF October, In the year Of Lord eighteen humid
and fifty nine, and On divers other days before
that time, within the Commonwealth Of Virginia and
the county jefferson asoresaid within jurisdc
ton OF this Court with other confcderates Jurors
levy war against the said OF Virginia. and
10 eject carry fohl their said wicked ana rea.
sonabIe ends purposes did then and there bani
Of orcapzed soldiers attack and hold certain part
and place within the county and STATE aforesaid and
,thp nc jurisdiction aforesaid gnown and called by the
name Of Harpers Ferry, and hon and there did orcby
capture make prisoners Of and den divers good and
loyal citzens Of said Commonwealth 70 wit: LOWS w.
Washington, John II. Alstadt, Archibald NJ Kltzmillcr,
Benjamin ]. Mills, John 4. r. Daingcrfeid Aim
stead Ball, John Deaoho. and did then and there
slay and murder, by shooting with firearms,
called sharps rifles divers good and loyal citizens M said
Commonwealth 10 Wit Thomas Bocrey, 40. W. Turner,
fontaine Beexham together with Luke Quinn soldier oi
and did then and there In manner aforesaid, wound
divers other good and loyal cizens Of said Common
wealth and did then and there feloniousiy and raorous
iy establish and up, without authority Of the Legsa
tore Of the Commonwealth Of Virginia, government,
eeparste hostile to the existing government on
said Common wealth. and did thon there hold and
ercse divers Offices under said usufped government 70
wit the said John Brown as Commander in Chief OF tho
military forces the said Aaron Q. Stephens aas Aaron
d. Stephens, Captain; the said Edwin Coppec Lieu
tenant ana the said Shields Green and John Copeland
soders and did then and there require conapel
dience TO said officers; and there did hod ani
profess allegiance and fidelity usurped govern.
nrnt; aud under color Of the usurped authority fre.
said did then and there orcbiy and win warlik,
arms, the execution Of tho laws Of the Common ii
virginia, with firearms did wound and MAIN vrr.
other good and loyal citizens Of said Common 4,
the jurors unknown, when attempting with lawful a,.
hority TO uphold and maintain said constitution and law
of tho COMMONWEALTH Of Virginia and for the nurnns
end and aim Of overthrowng and aboshing tho consti
tuition and laws Of ead Common ~calth and est
in the place thereof another and different government,
encrc feloniously and tratorousy and In military
,xray, Join In open battle and deadly warfare with
ths civil officers and soldiers In the lawful service
RI the said Commonwealth OF Virginia, aud did ami
heye shoot and discharge divers guns and pistols charged
with Eunpowdcr and eaden bullets, against ard upon
Divers plrnrs of the militia and embodied and
a,rg Under the command OF Colonel Robort W. lslvler