The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-28

Of the nsurrecon st Hapers Ferry and several hs
family, have resided In tbB county any years Insanity
h hereditary in that family. His molher's died with
IT, and daughter Of that sister been Two years in the
lanatic asylum. son and daughter OF his molhcr's
brother have also been confined In the unatc asylum
and another OF that brother insane and under
close reatrant These facts be C0uclslvey proven
by Witnesses residing here who will doubtless attend the
Lial desired. A. H. LEWIS
wintam G. Allen, telegrapbic operator at the Akron
once, adds 70 the above despatch that A. Lewis s q
resident Of that piace, and his statements entitled TO
implicit credit
Ar. BorIs ss that receiving the above despatch he
went 70 the ja with his associate Mr. Green and read it
70 Brown and desired by the latter Say that in his
father family there has been any insanity all
On his mothers side there have been repeated Instances
Of It, He adds that bis rst wife showed symptoms Of it,
which also evident IN hin hrst aud by
that wife. Some portions or the staemensn The despatch
he knew 70 be correct and OF other portions he igno
rant He docs not know whether his mothers sister died
IN fhe lanatic asylum, but he does believe that
daughter Of that sister has been two years In the asylum
He also believes that and daughter Of his mothers
brother have been confined In asylum but he " NOT
appred Of the that another Of that brother Is
now insane and n close confinement Brown also de-
ses his counsel say that be does not put tho plea Of
insanity and he has been at all insane he totally un
conscious of Il Yet, he adds that those who are most
insane generally suppose that they have more reason and
sanity than hoee around them. For himself, he disdains
70 put in that plea, and seeks immunity Of that
kind. This movement y made totally without
his appreciation ooneurrence, and was
known 70 him till the receipt Of tho above despatch
Brown then raised himself up in bed and said-sI will
add II The CUurt viii allow me, that look upon q
t0ft uho taka
different regard me- they took any all,
and view 1t with contempt more than otherwise Az
remarked TO Mr. Green insane prisoners, 80 far my
perience goes have but little ability judge Of their
sanity; and i am insane, Of course should think
know than all the rest OF the world. But do
think am perfectly unconscious Of insanity, and
reject far as capable, any attempts to interfere
in my behalf on that score"
Mr.. Boris stated that he was further instructed by Mr.
Brown 70 say that rejecting this plea entirely, and seek
ing delay for that reason be does repeat the Court
his request made yesterday, that time be given for the
foreign counsel to arrive that he has expect
Yesterday afternoon despatch received from Ceve
land Ohio, signed "Dan Tlden,' dated 2oth October,
asking Brown whether would be Of for counsel
leave last night 10 this despatch answer returned
that the jury would be this morning, and that
Brown desired the counsel TO The eegraphc
advance Of the dispatches sent by reporters
and he had learned this morning that sent before
the storm OF night interrupted communication and
that counsel might reach here by twelve O'Clock
tonight The taken by Brown this morning makes
evident that he sought postponement for the
purpose Of delay, he rejects the plea Of insanity. S
in his opinion he could have farer trial the defence
were conducted by his counsel than he were de-
Tended by the counsel at present here.
Mr. Huxu observed that the prisoners counsel having
renewed the motion Of yesterday for delay for specific
PERIOD indicated and based upon information received
the form Of the despatch, the question whether
there were sufficient grounds in this additional in
formation 70 change the decision announced by
the Court yesterday on the same motion II
the Court did not at once deem this circumstance
wholly insufficient, before the decision made the
counsel for the Commonwealth deemed it his duty 10
call attention three matters with the
sGAlr 1AssGA Asasoas a~sia foResaAng ~ trial os
this regard the present prner as the bar they
prepared prove that be had made open repeated
and constant acknowledgment OF everything charged
against him. He had goried in it, and have but
exhibition Of the spirit and the same purpose in
what he announced that he would permit defence of
insanity 10 be put in What does he by wishing
delay for the purpose Of having fair tria In proper
sense in the only in which be regarded
by the Court Is fair trial according 10 the laws of yir
gina, and the safeguards against wrongng the prisoner
which these laws throw around him. the prisoners
idea Of a fair trial is to have shaped TO produce
fairness his conception outside Of what the laws recog
Mise, il becomes the duty of the counsel for
the Commonwealth and, as he apprehended Of the
Court any attempt Of that kind. Considering
the surrounding circumstances TO which il was
sary to particularly advert there could no right to
r}a IN IA ahO IN
reliable FORM that such delay necessary do JUS
his particular according the laws and policy
Of the State of Virginia In regard to the telegraph
despatch read, know not who this Mr.. Lewis is. We
know whether be Is 10 come here counsel for the
prisoner whether he TO head band Of desperadoes
We have right believe the latter well the former
There had been time enough since the letter for Northern
counsel was mailed, last Saturday. for to reach him
and for him arrive hero this he had designed
coming. fairly inferable that he did intend to
come and the telegraph did net say he would But
might not be attempt to gain time, and learn the
latest day when could be atsempteda Whilst
commencing the earnestness and zeal Of the prisoners
COUNSEL he must ask the Court TO reject the motion and
proceed with the trial at once.
Mr. HANDING would be reluctant TO withhold from
prisoner charged with crime Of the greatest enormty,
an in the present case anything calculated TO afford him
the smpest opportunity Of JUSTICE but be had able and
intelligent counsel assigned him, who would that hc
fairly and mpartaly tried; and he therefore fully
concurred with the remarks Of his colleague In opposing
the motion He referred also the fact that Brown pre-
tended yesterday afternoon that he unable to walk,
and brought into court bed yet he walked back
ja after the close Of the trial without difficulty He
thought those pretences for delay which the
Court should override.
Mr. GREEN remarked that one days delay would be suf
Hcent ascertain whether the expected counsel would
come no and prejudice could result the Common
wealth from small delay q that character. In reference
70 the matter brought to the consideration of the
Court he did not believe the prisoner had made any
knowlcdgment upon which he could be convicted. All
the acknowledgement far he knew their character
referred 70 the treason and these confessions, &C