Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-29

Trial OF the Prisoners.

/
TEE HARPER'S FERFY INsURRECTIoS
Trial OF the Prisoners.
CHARIEsrowx, Va. Oct. 26.-Circuit Court: Par
ker, Jddge. Court met at 10 o'clock. The Crane
Jury,was called, and retired to resume the exami
nation OF witnesses. Court and witnesses wer,
awaiting the return of the Grand Jury d..
Mr.. Johnson, the L. s. Marshal of Cleveland. Ohio
arrived here tins morning and visited the prisoner
He identified Copeland as fugitive from Justice in
Chic; his object Is supposed being to ferret out
the testimony duplicating other parties.
The excitement continues undated and crowds
are here from the surrounding country. The events
are regarded as proving the faithfulness of the
slaves, fears being entertained of them but the
military guard is kept up, fearing attempt to
cue the prisOnePE
A CONSERVATION among the slaves is caused by the
fear of being seized like those OF Col Washington.
and they firmly believe that the object of ths pris-
oners was to carry them South and sell them. Not
single slave has yet been implicated as even SYM
| pathZing with the insurreetonists Those CARRIED
of have been all captured, and returned to their
masters. Cannon are stationed in front of the court
house, and an armed guard is patroling around the
jail
Capt Brnwnhas consented to allow Messrs. Faux
ner and Bolts to act as his counsel they assuring him
that they viii defend him faithfully and give him
the advantage of every privilege that the law will
allow. -
Stevens declares that he does not desire to be de-
| Tended by Northern counsel pFeferFing Southern,
and that the Court should name them There Is a
decided sympathy for Stevens only on account of
his sufePings but that he has shown none of that
yindictiyeness and hardhood which characterizes
Brown, and his regret is regarded caused by the
>conseouences of hisfoliy and the examination shows
that the other prisoners have lost theirconfdence in
! Brown, and are not disposed to follow him in his
| defiant course.
| II O'chOcK.-The court has re-assembled the Jury
| having reported true bill against the prisoners.
Charles b. Harding assisted by MIR. Andrew Hunter,
| represent the Commonwealth Charles J. Faulkner
/ and Lawson Bolts counsel for the prisoners A
| true bill was found against each OF the prisoners,
first for conspiracy with negroes to produce nsur
rection: second. for treason to the Commonwealth;
and third. for murder. The prisoners were brought
4 into court accompanied by body of armed men
| through the streets, and entered the court house
without the slightest demonstration OIL the part of the
| people. Brown looked somewhat better, his eye
was not much swollen. Stevens had to be sup
ported, and recned on mattress the floor of the
court house, evidently being unable TO sit He has
the appearance of an almost dying mar breathing
| with difficulty and painting for breath.
| Before the reaching OF the arrangement, Hunter
called the attention of the Court to the necessity
of appointing additional counsel for the prisoners.
stating that Of the counsel, Faulkner appointed
by the County Court, considering his duty in that
capacity as having ended, and having left here, the
| prisoners, therefore, had no other counsel than
Bolts. If the coaPt about to assign them their
stated that it would assign them any member OF the
| bar that they might select.
| After consulting Brown Mr.. Bolts said that the
prisoners retained him. and desired TO have Mr..
| Green assist him, and if the Court would accede to
that arrangement it would be very agreeable to him
personally. The Court requested Mr.. Green to act
as counsel for the prisoners. and he consented to
do So ... ......... ..
Brown arose and said l do not intend to detain
the Court, but merely wish to say. as l have been
promised a fair trial that am not now in circum-
stances that enable to attend trial. owing TO the
state of NY health have a serious injury in the
back, or rather in one kidney. which enfeebles me
very much but am now doing well, and only ask
for short delay of my trial, and think may get
able to listen to il. and ] merely ask then, that
the saying is, The devil may have his due''-EO
more. Idesire to say. furthermore that my hear
ing is impaired and rendered indstinct in
qnence of the wounds have abOat my head.
cannot hear distinctly at all could hardly hear
what the Court has said this morning, and | would
be glad to hear what Is said at my trial. and
am now doing better than / could expect so that
under the circumstances very short time would
be all would ask. tpresume to ask morc than
very short delay that may, in some degree re
cover and be at least able to listen to my trial. and
hear what questions asked Of the citizens, and
hear what their answers are If that could be al
lowed me, should be very much obliged.
Mr. Hunter said that the reqest was rather. prS-
mature; the arraignment could be made and this
question be considered. 4 ~
the prisoners could plead guilty or not guilty. and
would after that consider Browns request The
prisoners were compelled to stand during the ar
raignment, Brown also standing. Brown stood up
with difficulty, and Stevens was held upright by two
baiIifs "POrte Crayon' was present and took
sketches of the prisoners, as thus arragned. The
reading of the Indictment occupied about twenty
minutes
The prisoners each, responded to the usual ques-
ton, "Not guilty." and desired to be tried separ-
| ately
Mr. FanIkner-The State elects to try John Brown.
The CouPt-IIis condition must be inquired into.
Mr. Botts-I am instructed to say by 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 viii be here, which he
will of course, prefer He asks only for delay Of
two or three days it seems to me but reasonable
| request, and hope the Court will grant it.
Hunter said that he dld not think it the duty of
| the prosecutor for the Commonwealth or for one
occupying that position, to oppose anything that in
! yolved a simple consideration of humanity when it
| could be properly allowed; yet in regard to this
proposition to delay the trial of John Brown one,
two or three DAYS they deemed it their duty that
the court before determining the matter, should be
nut in possession of the facts and circumstances ju
dciay that they were aware of in the line of their
duties as prosecutors His opinion was, t9at it was
not proper to delay the trial of this prisoner for
single day and that there was no necessity for 1t
| he alluded, in general teeEs, % the condition OF
things with which they were surrounded, being such
as rendered dangerous, TO say nothing OF the eX-
ceeding pressure upon the physical resources OF our
community, growing out OF the circumstances con-
nected with the affair." for which the prisoners are
1 10 be tried and that our law, in making speclal
! provision for allowing hrieteP time than usual IN
case of conviction for such Offenders within the us
| erection of the court between condemnation ana
execution evidently indicates, indirectly, the neces-
sity for acting promptly and deeislyely though al
| was justly. . .r s....--.
In proceedings Of this kind in reference to the
physical condition of Brown, he asked the court not
! to receive unimportant statements Of the prisoner
as sufficient grounds for delay but let the Jaloi ana
| physician be examined. As to Brown expecting
counsel from abroad. he said that no impeachment
had been thrown in the way Of the prisoners pro
curing such counsel as they desired, but that on
the contrary every facility was afforded them here
| and he appPehended there little reason TO eN-
nect tbe ATTENDANCE from the North of those gentle
men who had been written TO; there was also
4 public duty resting upon them to avoid rs far as
possible within the forms of law, with reference to
the great and noYep TO be lost SIGHT OF point tat IS
giving fair and impartial trial 10 the prisoners,
without the introduction Of angling likely TO weak
en- our present position, and give strength 10 our
enemies abroad whether it issued from the Jury, OF
whether it eomes from the mouth Of the prisoners
or any other source. II was their position that had
been imperled and jeopardized, as they supposed,
wv Harding coneurred in the objections of Mr..
Hunter on the ground of the danger OF delay, and
also because Brown was the leader OF the nsulree-
ton and his trial cugnS 10 be proceeded with on as-
count of the advantages thereby aceruing on the
trial Of the Others
Mr., Green remarked that he had enjoyed no or
portunity for consulting with the prisoners on OF
preparing defence. The letters for Northern eOqn-
sci had been sent Off but sufficient time was not at
fortIed to receive answers. Under the circumstances
he thought short delay desirable.
Mr.. Bolts added that at present the excitement was
81 great as to deter Northern counsel from coming
but now that it had been promised that the prisoner
were to have fair and impartial trial he presumed
they would come and take part in the case.
The Court stated that if physical inability was
shown q reasonable delay must be granted As to
the expectation of other counsel that did not const
tate sufficient cause for delay asthere was GER
tainty about their coming Under the circumstances
in which the prisepeFs We're situated, it was natu
raj that they should seek delay. The brief period