Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1859-11-01

rrial nj The Harper,s Ferry Conspirators.

Trial of the Harper's Ferry Conspirators'
The examination of the Harper's Ferry con-
spirators before the County Court of Jefferson,
took place at Charlestown on Tuesday last
At half-pas 10 o'clock the Sheriff was d.
rooted to bring iu the prisoners, who were
conducted from Jail under guard OF eighty
armed men. A guard was also stationed g.
roupd the Court House, their bayonets brist-
ling on all sides.
Charles B. Harding, Esq, Attorney tor the
county. was assisted by Andrew Hunter, coun-
sell for the Commonwealth. VI
The prisoners were brought in amidst pro-
found silence Brown and Edwin Ooppeee were
manacled together Brown seemed weak and
baogard. with his eyes swollen from the eff
fecfs of the wounds on his head. Coppee is
nn;niured, Stevens seemed less injured than
Rrown. but looked haggard and depressed
He has also number of wounds - the
head.
The Court inquired if the prisoners had
counsel, whereupon Brown stated that he had
none and had not been able to advise with
one. The Governor of Virginia, he said, had
given him assurance of o fair trial, but ne was
unable to attend toit If they wanted his blood
they could have it without the mockery OF
trial. His health was insufficient. There were
MITIGATING circumstances which he wished to
urge, if q fair trial were allowed.
The Court assigned O. j. Faulkner and Law
son Bolts as counsel for the prisoners. Mr.
Faulkner at first objected to serving, and ad-
dressed the Court in reference to the matter
After further remarks by Brown and others
il was agreed, however, that Messrs. Faulkner
and Bolts should act. Witnesses were ther
examined. and the Court remanded the pris.
oners for trial before the County Court
On Wednesday, the Grand Jury Of the Circuit
Court returned indictments against the prison
ers First, for conspiracy with negroes to create
an insurreotion second, for treason against the
Commonwealth; third for murder.
The prisoners were brought into Court accom-
panied by body of armed men. They passee
along through the street and entered the Uour
House without the slightest demonstration or
the part of the people, Captain Brown looked
somewhat better, his eye not being so much
swollen. Stevens had to be supported, and was
placed on a mattress on the floor of the Court
room evidently unable to sit. He had the ap
pearanoe almost of dying man breathing with
difficulty and painting for breath.
Before the reading of the indictments, Mr.
Hunter CALLED the attention OF the Court to the
necessity of appointing additional counsel for the
prisoners. He stated that Mr.. Faulkner consid
cred his duty In that capacity as having ended
and had left here. The Court stated that il
would assign them as counsel any member OF the
bar thew might select. After consulting with
Cant. Brown Mr.. Bolts said that the prisoner
retained him, and desired to have Mr.. Green tc
assist him. The Court requested Mr.. Green tt
act as counsel for,the prisoners and he consented
to do so.
Capt. Brown then arose and said: II do moi
intend to ,letain the Court, but barely wish tc
saw. that as | have been promised fair trial
that am not now in circumstances that enable
me to attend to trial, owing to the state OF my
health. have severe injury in the back, OF
rather in one kidney, which enteebles me very
much. but | am doing well and / only ask tor q
very short delay of my trial, and think may
then be able to listen to it. merely ask this
that, as the saying is, tthe devil may have bis
dues. mo more. / wish to say further that my
hearing is impaired and rendered indistinct 10
consequence of the wounds ! have about my
head. cannot hear distinctly at all. could
not hear what the Court has said this morning
7 would be glad to hear what is said on my trial.
and am now doing better than / could expect
so that under the circumstances, very short
delay would be all I would ask. do not pre-.
sumo to ask more than very short delay, SC
that may in some degree recover and be able
at least to listen to my trial and hear what ques
tons are asked of the witnesses, and what their
answers are. If that could be allowed me
should be very much obliged
The Court ordered the indictment to be read
so that the prisoners could plead guilty OF moi
guilty, and said it would then consider Browns
request. The prisoners were compelled to stano
during the arrangement. Capt. Brown STANDING
with difficulty and Stevens being held upright oy
TWO bailltfs. :,
Port Orayon the ARTIST was present and took 6t
sketches of the prisoners as thus arranged. Inc
reading of the indictments occupied about TWEEN
ty minutes.
question ''not guilty." and desired to be tried
separately.
The prosecution elected to try John Brown
first, and the Judge remarked that his condition
must be inquired into. Mr.. Bolts then made
application on behalf OF Brown for delay Of
two or three days, that he might recover Dis
health somewhat and that counsel OF his own
choice might have time to get there.
Messrs. Hunter and Harding resisted the ap'
plication. The State law, said Mr.. H., in ma
king special provisions for allowing briefer
time than usual in tie case OF conviction OF sqch
offenders, within the discretion of the Court, be-
tween condemnation and execution, evidently
indicates indirectly the necessity OF acting
promptly and decisvely, though always justly,
in proceedings of this kind.
The Court stated that if physical inability was
shown a reasonable delay must be granted. AS
20 the expectation of other counsel coming from
abroad. that did not constitute q sufficient
cause for delay, as there was no certainty about
their coming, Witnesses were then called, and
DR.. Mason expressed the opinion that brown
could 60 on understandingly with his trial. 9TH
or persons testified to the same effect. The
Court overruled the motion for delay, and deter
mined to proceed with the trial.
10 the afternoon the prisoner, Brown, was
brought into Court in cot, as he declared him
self unable to rise. He lay most of the time
with his eyes closed.
The iury were then called and sworn. The
Jurors were questioned as to having formed or
expressed any opinion that would prevent them
from deciding the case impartially, on the mer-
its of the testimony. The Court excluded those
who were present at Harper's Ferry during the
insurrection and saw the prisoners perpetratng
the acts for which they were to be tried. The
Jurors called were all from distant parts of the
county, mostly farmers, some of them owning q
few slaves and others none. At o'clock the
Court adjourned.
Brown walked into Court Thursday morning,
but on reaching the bar laid down at full length
on his cot. Mr.. Bolts read a telegraphic des-
patch from Akron, Ohio, stating that insanity
was hereditary in the prisoners family. He