New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1859-11-03

Trial Of the Insurrcctsonssts.

| Us
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| CHAHIEsrowy, VA. Oct. 2s-Tfe afternoon ses-
ton Of Col. Washington and Conductor Phelps, but
nothing Of Importance was elected, beyond what
has already been disclosed ON published state
| mepts.
Cook was brought here At / O'Clock this morn.
ing ne says that if Brown had taken his advice
IN reatsen to mounting the men, force one thou
T Frad 'Ssog could not have taken them. He says
| to he there in person. There 1. great rejoicing
mere at she arrest Of Cook.
geo n. hoy, ESD, Of Boston, syrived this mem
| young msa1 S - do'S
me Cosrt met at IL O'Clock. Bsown was led
over ron 'saar walking very freely, and laid down
on the cot. senator Mason remark a.a that tha IT,.
timony given by Col. Washington and Gonducto~
Phelps was very correct. Non'use"'
The jury was called and Mr.. Bots asuounced the
arrival Of MI hoyt, who had come 10 assist the
counsel for Brown. At present, however. he d;d
! not feel disposed to take a part in the case NJ
Hunter suggested that he had better be- quafied as
member of the bar on producing proof from the
| Boston bar. Mr. Hoyt stated that he had not
brought his Credentials of admission. The Court
said that not required, though the strictly legal
evidence Of that fact but the evidence of any citi
would answer. Nr. Green said that his partner
| had read letters from the feow-studenta Of Mr.
Hoyt, abiding to him member of the baE. Mr..
hoyt then took the customary oath
| The testimony was then resumed.
Conductor Phelps was recalled. Mfr. Bolts put
| question to the witness prepared by Brown
" The firing was commenced by those men on. the
| bridge who shot Haywood the next firing was by
Ihrqekmortonf does not know whether the firing
| at Haywood was intentional; there was no attack
made on Browns men until after Haywood was
| shot, he was shot by the armed men in the Win
| chester span of the bridge.
| By Mr.. BOtts-Col- Washington recalled
/ The negotiations were opening with Brown for
the release of the prisoners before the general fir
ing commenced on Monday does not know whether
all the prisoners signed the propositions for a sns
. pension of firnn bafnF1. tho nf f;o
tons Brown frequently suggested that the prison
ers should cross the bridge with him to the second
canal lock and not to be fred 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 soldier to yield the advantage
ne possessed in holding hostages, Browns son
was wounded during the day in the breast the ball
passing around to the side, but took his weapon
again and fired frequently before his suffernrs COM
PEELED him to retire. Heard Captain Brown fre-
quently complain of the bad faith of the peonle i,
firing on the flag Of truce; heard him make no
threat or even any vndictiveness against the peo-
pie. Mr. Brown went out and brought in a promise
that the people would not fire while the negotia-
ions were pending; cannot say that all the firing
OF Brown and his men was in self-defense !. heard
Brown give frequent orders not to fire on unarmed
gard to the lives OF citizens and we must take the
chances with them. After the first attack on the
engine house by the marines, there was not gene
raj cry Of surrender. One cried, 81 surrender y
his hand when he was struck down by the marines,
and was cut over the head with sword by Lieut.
| Green.
Mr. Hunter laid before the jury the printed Con
stitution and Ordinance of the Provisional Govern
ment, reading the first two clauses of preamble.
and the seventh, forty and forty eighth articles
and BRIEFLY summing up the other portions of the
Constitution.
Sheriff Campbell knows the handwriting of the
prisoner; has copied letter for him.
Brown said he would identify himself any of his
hnn Ht-rt and ynotl< 1,n&
ready to face the music.
Mr.. Hunter said he would prefer it by Mr..
Campell.
Brown" Either way, as you pleasen
A large bundle of letters was produced each of
| which was identified by Campbell.
They were then handed to Brown, who at the
first glance, replied to each in loud voice, that
is mne.'' The letters and papers were about fifty
in number. Mr.. Hunter read the list of members
of the Convention. 1t was headed, VIM. Charles
Morgan, President of the Convention, and H. Kagi
to Brown, he exclaimed with groan, that's my
signature" In reference to another paper he said,
u have nothing to say about that"
The letter from j. r. Giddings, acknowledging
the receipt of letter from Brown, and saying that
he would be pleased to see him at his house during
the summer, was read. Mr.. Hunter then read the
letter from Gerritt Smith, about the Kansas work
already published
The defense called Joseph A. Brewer, who testi-
fled that he was of the prisoners in the engine
house with Col. Washington and others.
Brown remarked that the prisoners should share
their danger. They were allowed to shelter them
selves as well as they could. Cross went out with
a flag of truce. Another went out and came back
wounded. Stephens and Kitzmiler went out;
he lay near the corner Of the depot; heard groan-
ing, and saw Stephens moving asked Brown to
send man to relieve him; Brown refused to send
one. because he would be shot. The witness was
allowed to assist Stephens to the hotel; witness re-
turned according to his pledge to the engine house,
and was sent several times by Brown to request
the citizens not to shoot as the lives of the prison
ers were endangered. Negotiations were going on
between Brown and the prisoners before the gen.
eral firing commenced; Brown proposed that he
should retain possession of what he held including
the armory and negroes; Washington and all seemed
| to acquiesce in this arrangement Cross was sent
out to confer with Beckham and others on the sub
| icct: guard went out with him. who were fired
on: after that Stephens wanted to shoot, but Kitz
| miller appealed to him. and they went out together
to stop the firing; when they did not return brown
seemed to show temper, and there was change in
| the arrangements.
| After that, Brown said he had it in his power to
destroy that place in half an hour, but he would
not do it unless resisted; think shot from the
water tank struck Coppie; lie then returned the
fire, and some one said that man is down." The
stop the firing from the tank, which was annoying
to those in the guard-house.
| A. NJ. Kitzmller sworn-"I made repeated en-
deavors to arrange matters with Brown. He said
his object was to fight the pro-slavery men. l was
at first surprised, then indignant, and finally dis
gusted with Brown. He said to me, "there is
company of ritlemen on the bridge. Get them to
| go in company with Stephens" told them was
sorry they left their guns Stephens remarked that
would not do. had no flag, and did not consider
myself the bearer of flag of truce, as was de-
sired. AS to the rifle company on the bridge,
saw they were our own men; | waved my hand
kerchief, and told Stephens and the other man to
remain I soon heard firing very close; Stephens
fired in reply to a shot which struck him from the
house side of the Winchester RAILROAD
number of witnesses were examined, but the
| evidence ELECTED no new facts.
CHARLEsTowN, Va, Oct. 29.-During the after
noon proceedings of yesterday, in the trial of
Brown, several witnesses were called for the de-
Tense, and not answering Mr. Brown here arose,
evidently excited, and standing on his feet, ad-
| dressed the Court as follows:
"May it please the Court, discover that, not
withsanding all the that have received
of fair trial. nothing like fair trial is to be given
| me, as it would seem. l gave the names, as soon
as could get at them, of the persons wished to
have called as witnesses and assured that they
should be subpGnaed. wrote down q memoran-
dun to that effect, saying where these parties were
to be found but it now appears that they have not
been subpGnaed, so far as l can learn; and now
ask if am to have thing deserving the name and
shadow of fair trial, that this proceeding be de-
| ferred until tomorrow morning, for have before
stated that have counsel upon whom cannot feel
that can rely; but am in hopes that counselmay
| arrive who will attend In I rot tha