The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-27
NEW HERALD THURSDAY a. SHEET

me but reasonable request and bope the Uburt win
rsntit-
Mr. HuSnn said he did not think II the duty Of the
prosecutor for tho commonwealth or for Occupying
that position 70 oppose anything that justice required nor
TO object 70 anything that involved simple consideration
Of humanity, where It could be properly allowed Yet
In regard 10 this proposition 70 delay the trial Of John
Brown two or three days they deemed their duty that the
Court before determining matters should be put In pos
session Of facts and circumstances udicaly that they
were aware Of the line or their duties a. prose-
cutors. His own opinion was, that il was not
proper 10 delay the trial Of this prisoner
single day, and that there was no necessity for IL.
He alluded In general terms the condition Of things with
which they were surrounded. They such as rem
dercd dangerous 70 delay say nothing Of tho exceed
ing pressure upon the physical Of the commu
ny growing out Of the circumstances connected with
affairs for which the prisoners were TO be tried
Our law 10 making special provisions for allow
ing, In the discretion Of the Court, briefer time than
usual IN case OF conviction for snch blenders, be-
tween the condemnation and execution, evidently ndi
Gates indirectly the necessity for acting promptly and
decisively, though always justly, In proceedings Of this
kind. In reference 10 the physical condition Of Brown,
he asked the Court not 10 receive the unmporant State
ents Of the prisoners sufficient ground for delay but
that the jaor and physicians be examined As 70 ex-
pectng counsel from abroad he sad that impeachment
had been thrown in the way Of the prisoners procuring
such counsel they desired but the contrary every
facility had been Afforded able and intelligent counsel
had been assigned them here and he apprchendcd there
little 70 expect the attendance Of those gen
temen from the North who had been written TO. There
also public duty resting upon them to avoid far
possible within the forms Of law and with reference TO
the great and to be lost sigh. Of giving Of fair and
impartial trial TO the prisoners the introduction Of any
thing likely to weaken present position and give
strength to enemies abroad whether II issues from
the jury in time whether comes from the mouths Of
the prisoners any other II their position
tba. had been mperlled and jeopardzed, they sup
posed, by enemies.
Mr. HARDING coucurred in the objection Of Mr. Hunter,
on the ground Of danger In delay, and also be cause
Brown was the leader OF the nsurrecon and his trial
ought 70 be proceeded with account Of the advantage
thereby accruing in the trial Of the others.
Mr. GREEN remarked that be had had opportunity of
consns"s with the prisoner preparing defence. The
letters for Northern counsel nad been sent or but not
sufficient time had been Afforded TO receive
Under the circumstances he thought short delay de-
sirable.
Mr. BORIS added that at prcson the excitement was so
great perhaps deter Northern counsel from coming
out but now that has been promised that the prisoners
they would come and take part In the case.
The CORR stated that physical inability were shown
reasonable delay must be granted. As To the expecta
ton Of other counsel, that did not constitute sufficient
for delay, there no certainty about their
coming Under the circumstances in which the
prisoners were situated, it was natural that they
should seek delay The brief period remaining before
the close Of the Of the court rendered necessary
to proceed expediiousy practicable, and to be
tous about granting delays He would request the phys
clan whe had attended Brown TO testify MS to his cond
ton
DR.. MASON thought Brown was able 10 60 on under
gtandngly with the trial he did not think his wounds
were such rs TO affect his mind recolectien. He had
always conversed freely and ntellgenty about this az
fair He had heard him complain Of debility but not Of
hardness Of hearing.
Mr. CocKxRL, Of the guards at the JAIL said that
Brown had always been ready TO converse freely.
Mr.. Avs, Jaiior, sworn-Had heard Brown frequently
say persons visiting him that his mind confused
and his hearing Affected he would not like give any
opinion as TO his ability to-
At this point the telegraph from Charleston ceaset
working, owing TO the storm prevailing there.