The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1859-10-27

| they firmly believe the OBJECT OF the pris-
oneri Mas to. carry them South and sell
| them. Not single slave has yet been i'm
plicated as even sympathizing with the in
surrectionists. Those carried off have all
been recaptured and retntncd 70 the'r mas
A cannon, is stationed in front of the
| court house, and an armed guard is patrol
l ling around the Jail. Capt Brown has con-
| sented to allow Messrs. FauikRersand Bolts
to act as bis counsel, they assuring him that
they Will tleisnd him faithfully and give
/ him Tie advantage ~ every privilege ID Cf-s
! Tic prisoners we've brought FROM the Jail
under TIE guard OF a body OF armed men.
! passed along the street and entered the
court house without the slightest demonstra-
tion on the part of the people. Brown
! looked somewhat better; his eye not so
I much swelled. Stevens had TO be supported
Z and reclined Oh mattrass on the hoor OF
the court room, evidently unable to sit up.
! His appearance is almost that OF dying
man-breathing with difiienltynsssI .saaa.
Before tie reading of the arraignment,
Hunter called the attention of The Court TO
! the neces sity of appointing additional coun-
/ sci Tor the prisoners, stating that one OF the
COUNSEL. Mr. Faulkner, appointed BY the
County Court, considering his. duty ended
! IN tina. capacity. and having left here, the
prisoners, therefore having no other counsel
than Mr. Bots. IL the court was about to
assign them other counsel, it might be pro-
! posed 10 do so now. The court stated that
il would assign them any' members OF the
lar that they might select sfter the con-
sssiiRg.s, q a.-8fi.7 .f.,af. .f t..1 -. 49,.
Mr. t3otis said the prisoners retained ham
aud desired to bave Mr. Green assist him
Ii tine court would accede to that arrange
ment, il would he very agreeable TO him
personally. ,l n. '-l'o AZ 81
. The court requested Nr. Green 10 act as
counsel for the PRISONERS ard he consented
Brown arose and said ] do not intend
10 detain the Court, but merely wish 70 say,
as have been promised a fair trial, that
am not now in circumstances that epabie me
!. tend trial, owing 70 the state OF my
s.eslth. j have a severe injury IN the back,
or rather in one kidney, which enfeehles
re very much; but am doing we'll, and
only AJAX for a very short delay Of my trial,
and skink may get able TO listen to II (,
and merely ask this as the saying is "the
devil shesll have his due, no more.
wish to say, further, that my hearing is
impaired, and rendered indistinct, in conse-
quenee of the woxnis have about my head,
J cannot hear distinctly at all 81 could not
/ hear what the Court said this morning.
would he glad to hear what is said on my
trial, and am now doing better than
could, so that, under the circumstances, a
very short time would be all i ask. do not
ask but very short delay, so that j Raay in
some degree recover, and be able at least to
listen to my trial, and bear what questions
are asked of the citizens, and what they an
swer.. If this is allowed me, should be
very much obliged. -. .l.s - ss.i.-..
Hunter said the request was, rather pre-
STATURE The arraignment could be made,
and this question then considered. ss3
The Court ordered the indictment to be
read, SO that the prisoners could plead guilty
or not guilty, and would then consider
Browns request. The prisoners were com
PEELED to stand during the arraignment,
Brown stood up with difficulty, and Ste
vens wss held up by two bailiffs.
Porte Crayon WIS present. and took
sketches Of the prisoners as thus arrraign-
ed. t-t-- 10 $3.50
The reading of the indictment occupied
about 20 minutes. The prisoners each re-
sponded.to the usual question, " not guilty"
and desired TO be tried separately.
Faulkner said Does the State expect to
try John Brown. The Court replied: His
condition raust Le inquired into. f- .
Bolts said, | am instructed to say by Mr..
Brown that he is mentally and physically
unable to proceed with his trial at this time.
He has also heard to-day that counsel Of
his own choice will he here whom he viii, Of
course, prefer He asked only for delay
of two or three days 1t seems to me but
a reasonable request and hope the Court
viii grant it. . ., ..''. ..-'.. -'rf.
Mr.. Hunter said he did not think it the
| duty Of the Prosecutor of the Common
wealth, or any one occupying that position,
to oppose anything that justice required,
| that involved simple consideration Of hui
mainly, when it could be properly allowed.
Yet in regard 10 this proposition, TO delay
the trial of John Brown, one, two, or three
days, they. deemed it the duty of the Court
before determining the matter, should be
| put in possession of the facts and circum-
stances, judicially, that they were aware Of
! in the line of their duties rs prosecutors
His own opinion was, that il was not
proper to delay the trial of this prisoner, for
a single day, asthere was no necessity for il
He allowed in general terms to the con-
| dition of things with which they are now
surrounded, bring such rs rendered it dam
gerous, to say nothing of the exceeding
| pressure upon the physical resources ofour
4 community, growing out Of the circumstan-
ces connected with the affair for which the
prisoners are to be tried. And that our law
in making special provisions for allowing a
hbriefer time. than usual, in case Of convic-
: ton for such offenders. within the discretion
of the Court between condemnation and ex-
ecution, evidently indicates, indirectly the
necessity for acting promptly and decisely,
though always Justly. He apprehended
there was little reason TO expect the attend
ance of these gentlemen from the Nsrth, who
had been written 10. There was also pub.
lie duty resting upon them; to avoid, as far
as possible, within the forms of law, will
references to the great and never 10 be lost
sight OF giving fair and impartial trial to
the prisoners s.taL,.,-s,.
The introduction of anything likely &c
weaken our position, and give strength tC
our enemies abroad, whether it issued from
the Jury, or whether IL comes from thu