Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-11-02
he Patrol. noticing the subject. saws /:


CHARIESTOwN. VA, Oct. 2S-1he afternoon session
of Yesterday was occupied with the examination of
| Col Washington and Conductor Phelps but nothing
of importance was elected beyond what has al
ready been disclosed in their published statements.
The court met at IL O'Clock. Brown was ledOver
from the jail walking very feeby, and laid down on
the cot Senator Mason entered the court with Mr..
Hoyt. the counsel from Boston. Senator NJ remark
ed that the testimony given by Col. Washington and
Conductor Phelps was very correct.
The Jury was then called, and Mr. Bolts announ-
ced the arrival of Mr. Hoyt who had come to assist
the counsel for Brown, At present, however, he
did not feel disposed TO take part in the case.
Whenever he should feel disposed he would DO
Mr. Hunter suggested that he had better be qualified
as a member Of the bar on producing proof from
| the Boston baP Mr.. HOyt stated that he had not
brought his credentials of admission The court
said that was not required though the strictly legal
evidence of that fact necessary, but the evil
dence OF any citizen would answer Mr.. Green said
that his partner had read letters from the fellow
students Of Mr.. Hoyt, abiding to him as a member
of the bar.
Mr. Hoyt then took the customary oath, and the
testimony was resumed. Conductor Phelps being
recalled Mr. Bolts put question &c the witness pre-
pared by Brown. The firing commenced by
those men on the bridge who shot Haywood; the next
firing was by ThrOckmOrton; does not know whe
Their the firing at Haywood was intentional; there
was attack made on Browns men until after
Haywood was shot; he was shot by the armed men
in the Winchester arm of the bridge. By Mr.. Bolts
Col Washington was recalled. The negotiations
were opening with Brown for the release Of the pri-
soners before the general firing commenced on Mon
day. Does not know whether all the prisoners sign
ed the proposition for suspension Of firing before
the opening of negotiations; Brown frequently sug-
gested that the prisoners should cross the bridge with
him to the second canal lock- and not to be fired upon
until after they reached that point. No objection
was made by any of the prisoners to the proposition
Brown said he was too old a soldier to yield the adj
vantage he possessed In holding hostages. Browns
son was wounded during the day in the breast, the
ball passing around to the side but he t9Qk his wea
pon again and fired frequently before his sutferiRgs
compelled him 70 retire. Heard Capt. Brown fire.
uuentlv complain Of the bad faith Of the people in
firing the flag Of truce. Heard him make no
threat any vndIotiyeness against the people
Mr. Brewer went out and brought in promise that
the people would not fire while negotiations were
pending Cannot say that all the firing of Captain
Brown or his men were in self defense. Heard
Brown give repeated orders not to fire on unarmed
citizens. Tie first firing was against the engine
house. Brown said the people appeared to pay but
little regard 10 the lives Of 0itiz0rs, and we must
take the chances with him. After the FIRST attack
on the engine house by the marines, there was not
general cry of surrender one cried u surrender,
bur the others fought Brown had his rifle in .
his hand when he was struck down by the marines
and cut oyer the head with a sword by Lieut..
Green.
Mr. Hunter laid before the jury the printed con
stimtion and ordinance Of the provisional govern
meut reading the first two clauses Of the PpeaHl
BILE the eth, foFty-titth and tortv-eighth articles,
and briefly summing MP the other portions of the
constitution.
Sheriff Campbell knows the handwriting of the !
prisoner las copied a letter for him.
Brown the prisoner. said he would himself iden- .
tify any of his handwriting and save all that trOu
bic. He was ready to face the music. Mr.. Hunter
said he would prefer 70 prove them by Mr. Camp
bell. Brown-~Ethcr way. as you please \ /
large bundle Of letters produced. each of which
was identified by Campbell They were then hand |
ed to Brown. who al the first glance, replied TO each
in loud voice that IS mine.
The letter and papers were about five in num- I
Der.
Mr.. Hunter read the list of members of the con- 7
vention 1t was headed. William Charles Morris. /
President of the convention; II. kagI, Secretary of
the convention
On handing the list to Brown, he exclaimed with
a groan. that's my signature
In reference 10 another paper, he said Il have !
nothing TO say about the letter from J. r. Gddings
and saving that he would be pleased to see him at
his house during the summer.
Mr. Hunter then read the letter from Gerritt /
Smith about the "Kansas work. already publish |
cd.
Here the prosecution rested.
TESTIMONY FOR DEFENSE.-The defense called Joseph |
4 Brewer. who testified that he was one of the /
prisoners in the engine house with Colonel Washing
ton and others. Brown remarked that the prison
ers should share their danger. They We're allowed |
TO shelter themselves well as they could. Cross |
went out with a flag Of truce; another went out /
and came back wounded. Stevens and KitzmilIer
went out; Stevens was shot after it commenced rain
inc | had supposed Stevens dead he Law near the |
corner Of the derot. heard a grooming and saw
Stevens moving. | asked Brown to send man 10
relieve Stevens Brown refused to send one because
he would be shot. Witness was allowed TO assist
Stevens into the hotel. Witness returned according
to his pledge the engine house and was sent sew
eral times by Brown to request the citizens not to
shoot the lives of the prisoners were endangered
Negotiations were going on between Brown and the
prisoners. Before the general firing commenced.
Brown proposed that he should retain possession of
what he held. including the Ormorv and Derr0cs
Washington and all seemed To acQuiesce in the ar
Cross was sent out to confer with
Bsckham and others on the subject: a guard went
with him, who We're fired upon. After that Ste
yens wanted to shoot but Kitzmiller appealed to
him. and they went out together 10 stop tho firing.
When they did not return Brown seemed 10 show
tenlper, and there was a change in the arrange /
ments After that Brown said he had IT in his pow
or to destroy that place in half an hour hut he
would not do it unless he was resisted | think a
shot from the water tank struck Coppee He then
the fire, and some one said that a mans
down. The special object oil the witness going out
was TO stop the firing from the tank which was an
moving TO those in the guard-house
A. NJ Kitzmiller sworn: made repeated endeav-
ors 10 arrange matters with Brown; he said his OBJ
iect was TO fight the pro-saverv men: I was first
surprised then indignant and finally dSgusted with
Brown: he said to me. "there is 4 company of rifle
men on the bridge: get them TO 60 in company with
Stevens" Hunter told them | sorry they did
not leave their guns Stevens remarked 'that would
not dos | had no flag, and did not consider myself
the bearer of flag of truce as was desired to be;
as to the rifle company on the bridge. | saw they
were our own men; ! waved my handkerchief, and
told stevens and the other men TO remain: | soon
heard firing very c,ose; Stevens fired in reply to
shot which struck him from the house side of the
Winchester railroad
number OF witnesses were examined to-day, but
the evidence elected no new facts
Arrival of Cook at CharIestOwn.
CHARIEsTowN. Va. Oct 2S-Cook was brought
Brown had taken his advice i'm reaa1l ~ mounting
the men, force Of one thousand strong would not