The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-10-26
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Examination of the InsurrectlonIsts
CHARLEsrows, VA, October 25.


requires that the decision Of the Justices Of tho
Examining Court, who may number from five
to sixteen, must be unanimous. The prisoners
will be examined together, and it is supposed
that the examination trial will bo concluded by
two o'clock, to which time the Grand Jury has
been adjourned by the Court. The Grand Jury
will then take up the case Immediately, and
the indictments, which are already prepared,
will probably be presented to the Court on
Wednesday morning, when the trial OF the
prisoners will commence before the Court and
Jury. Should they be found guilty, and som
tence of death be pronounced upon them, the
Judge, under the laws of this State, fixes the
day of execution, independent of the Governor.
The usual delay of thirty days after sentence
is excepted in cases of insurrection and rebel
lion, and the prisoners, if convicted of the
same, may be hung Immediately, within or
without the jail-yard.
A fellow named James LYNCH alias VIM. j.
Stoburgh, supposed to be one of the fllibusters,
was brought in prisoner to-day and lodged
in Jail. He was captured some days ago by M.
E. Price, Mail Agent on the B. K 0. r. r., at
place called Sir Johns Run, and kept in
room till to day. He is quite undersized, OF
simple and foolish appearance, and had been
several weeks lettering about this and the ad'
joining counties, begging and borrowing money.
His commitment on suspicion of aiding and
abetting John Brown & Co. was issued BY JUS
tice Eichelberger.
CHARLEsTowN, October 25-P. M.
The preliminary examination Of the prison
ers commenced this morning before the Magis-
trates Court. The following Magistrates occu-
pied the bench: Col. Davenport, Presiding JUS
tice, assisted by DR.. Alexander, Justice j..
Lock, John T. Smith, Thos. Ii. Willis, Geo. w.
Eichelberger, Chas H. Lewis and Moses W..
Burr.
At half past ten o'clock tho Sheriff was di-
rected to bring in the prisoners, who were con-
Quoted from the Jail under guard of eighty
armed men. A guard was also stationed
around the Courthouse, and bayonets are
bristling on all sides.
Charles B. Harding, Attorney for the County,
is assisted by Andrew Hunter, Counsel for the
Common nwealth.
The prisoners were brought in, Cen. Brown
and e. Coppic being manacled together. Brown
seemed weak and haggard, with his eyes swollen
from the effects of the wounds on his head.
Coppic is uninjured. Stevens seemed loss In
jured than Brown, but looked haggard and
depressed. There are number of wounds on
the heads of both. John COPELAND is q bright
mulatto, about twenty Ave years Of age. Green
is dark negro, about thirty years Of age.
Sheriff Campbell then read the commitment
The prisoners are charged with treason and
murder. Harding, States Attorney, asked that
the Court might assign counsel for the prison
ers if they had none.
The Court inquired if the prisoners had
counsel, when Brown addressed tho Court as
follows
"I did not ask for any quarter at tho time
I was taken; did not ask to have my life
spared. The Governor Of the State of Vir-
ginia rendered mo his assurance that should
have a fair trial, and under no circumstances
whatever will be able TO attend to a trial.
If you seek my blood you can have 1t at any
moment, without the mockery of a trial;
have had no counsel; / have not been able TO
advise with one; 1 know nothing about the
feelings of my fellow prisoners, and am ut
terly unable to attend in any way to my own
defense. My memory don't serve me; my
health is insufficient, although improving.
Thesel eating circumstances;ifa fair trial
is to be allowed us, that would urgo in our
favor; but if we are to be forced with a moro
form Of trial to execution, you might spare
yourselves that trouble; am ready for my
fate: don't ask trial; beg for no mockcry
of trial, no insult, nothing but that which
conscience gives or cowardice would drive you
to practice. l ask to be excused from the
mockery of q trial. L do not know what tho
design of this examination is; | do not know
what is to be the benefit of it to the Common
wealth; havo now little to ask, other than
that be not foolishly insulted as cowardly
barbarians insult those who fall into their
power.
The Court assigned Charles J. Faulkner and
Lawson Bolts as counsel for the prisoners.
After consulting the prisoners, Mr. Faulkner
addressed the Court. He stated chat he denied
the right Of this Court to assign counsel for tho
prisoners, and that he could not under any cir
cumstances enter upon the defense Of the
prisoners on such short notice, as it would
indeed be mockery of justice.
Mr.. Bolts said that he did not feel it his
duty to decline the appointment of the Court.
Mr.. Harding addressed Brown, and asked
him if he was willing to accept Messrs. Faulk-
ner and Bolts as counsel?
Brown replied, "I wish to say that have
sent for counsel; did apply, through the
advice of some persons here, to some persons
whose names / do not recollect, to act as
counsel for me, and have sent for other
counsel, who have had no possible opportunity
to see me. wish for counsel if am to have
q trial, but if am to have nothing but the
mockery of trial, as l said before, do not
care anything about counsel; it is unnecessary
to trouble any gentleman with that duty"
Harding-"YOu arc to have fair trial."
Brown-There were certain men, think
Mr.. Bolts was ono of them, who declined
acting as counsel, but am not positive about
it. can not remember whether he was one
| or not, because | have heard so many names.
am q stranger here; ] do not know the dis
positions or character Of the gentlemen
named. have applied for counsel of my
own, and doubtless could have them, if | am
not, as | said before, to be hurried to execu-
tion before they can reach here; but if that
| is the disposition that is to be made of me,
| all this trouble and expense can be saved.
Harding-The question is, do you desire
the aid of Messrs. Faulkner and Bolts as your
counsel? Please TO answer yes or no.
Brown-I can not regard this as an EXAM
inatiOn under any circumstances. | would
prefer that they should exercise their own
| pleasure. feel as if it was a matter of very
little account to me; if they had designed To
assist as my counsel, should have wanted
on opportunity to consult them at my leisure
Harding-Stevens, are you willing those
gentlemen should act as your counsel?
Stevens-I am willing that gentleman
all, (pointing to Mr.. Botts.)
Harding-Do you object TO Faulkner?
Stevens-No, | am willing to take both.
Harding thOn addressed each of the Other
prisoners separately, and each stated his will
lingness to be defended by the counsel named
by the Court.
The Court issued peremptory orders that tn,
press should NOT MI hlish the detailcd fec m nm