Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-10-29
gatssi bp Grlrgrapb.
ExalninatIOn d the InsnrreotionI.t..

oHAaursroS, Va, Oct. 2s.


nothing Of importance was elicited beyond
what has already been disclosed 10 their
published statemenls
Cook passed through Frederick CITY YES
terday IN custody Of the officers on his way
10 Charleston
Cook was brought here at one o clock this
morning lie says that if Brown had taken
his advice in relation to moving the men. "A
force oue thousand strong could Dot have
taken them. Ile said that Fred Douglas
acted the coward, as he promised 10 be there
10 person There is great rejoicing here at
the arrest Of Cook
George A. Hoyt, ESQ of Boston. arrived
this morning to act rs counsel for Bro wn. -
lie 10 quite young man.
The court met nc II o'clock. Brown was
led over from the ieil, walking very feebly,
and laid down on the cot
senator Mason entered the court with Mr..
Hoyti the counsel fran Boston senator NJ
remarked that the testimony Of Col Wash-
ington and Conductor Phelps was very cor
rect.
The jury was then called, and Mr.. Bolts
announced the arrival Of Mr. Hoyt, who had
come to help the counsel for Brown. AZ
present, however, he did not feel disposed
to take part In the cause Whenever he
should feel disposed he would do so.
Mt Hunter suggested that he had better
be qualified as member of the bar by pro
duclng proof from the Boston bar.
Mr. Hoyt stated that no had not brought
his credentials ofadmission.
| The Court said that was not required
though the strictly legal evidence OF that
fact but the evidence Of any citizen would
answer
Mr. Green said that his partner had read
letters from the fellow students Of Mr.. Hoyt
alluding to him as a member Of the bar.
MIR HOyt then took the uaual oath.
The testimony was then resumed.
Conductor Phelps being recalled. Mr.
Bolts put a question to the witness prepar.
ed by Brown The firing was commenced
by those men on the bridge who shot Hav,
wood, the next firing was by Throckmartin
does not know whether the firing at Hay-
wood was Intentional there was no attack
mads on Browns men until after HAYWOOD
was shot by the armed men in the Winches-
ter span Of the bridge
By Mr.. Botts-COl Washington recalled
Negotiations were opening for the release
oil the prisoners before the general firing
commenced on Monday; does not know
whether all the prisoners signed the promo.
sitlon lor suspension Of firing before the
lopening of negotiations; Brown frequently
suggested that the prisoners should cross the
bridge with him at the second canal lock
and not to be fired upon until after they
reached that point no objection was made
Dy any oil the prisoners to the proposition
Brown SAID he was too old a soldier to yield
the advantage be possessed in holding host
ages, browns son was wounded during the
Nhn Ia.1
to the side, but be took his weapon again
and ired frequently before his sufferings
compelled him to retire; heard Capt. Brown
frequently complain Of the bad faith of the
people in firing on the flag of truce; heard
him make no threat or even any yindiotiye
ness against the people; Mr.. Brown went out
and brought in promise that the people
would not fire while the negotiations were
pending cannot say that ali the firing of
Capt Brown or his men was in self defence;
beard Brown give frequent orders not to
hre on unarmed citizens che first firing was
against the engine house; Brown said the
people appeared to pay but little regard to
the lives OF citizens and we must take the
chances with him. After the first attack on
the engine house by the Marines there was
not ageneral cry of surrender, one cried
VI surrender bot the others fought on;
Brown had his rifle in his hand when he
was struck down by the Marines and cut
over the head with sword by Lieut. Green,
Mr. Hunter laid before the jury the print,
ed constitution and ordinance of the Proyis,
lonal GoYernment, reading the first two
clauses OF the preamble, the seventh, forty.
NTH and forty eighth articles, and briefly
summing up the other portions of the con-
stitution.
Sheriff Campbell knows the handwriting
of the prisoner, has copied a letter from him
(Brown;) the prisoner said he would iden,
tiiy himself any of his handwriting and save
all that trouble; he was ready to face the
music
Mr.. Hunter said he would prefer to prove
them by Mr. Campbell
Brown-Either way, as You please.
A large bundle of letters were produced
each OF which was identified by Campbell
They were then handed to Brown who AT
the hrst glance replied to each in a loud
voice, that is mine The letters and pa
pefs were about fifty in number
Mr.. Hunter read the list OF members of
the Conyention--it was headed by William
Charles Morris, President of the Convention;
and H. kaglel Secretary of the Convention
On handing the list to Brown he exclaimed
with groan, that's my signature In
reference TO another paper be said a have
nothing to say about that" The letter from
j.. IL Giddings, acknowledging the receipt of
letter from Brown and saying that no
would be pleased to see him at his house
was read. Mr.. Hunter then road the letter
from Herritt Smith about the Kansas work,
already published
A number OF witnesses were examined,
put ELECTED no new facts. Here the prose-
cution rested
The defense called Joseph A. Brewer, who
.esuneu thet ne WAS one of the prisoners in
tne engine house with Col Washington and
otheTsi Brown remarked that the prisoners
shoula share their danger; they were allow
Gu 70 shelter themselves as well as they
could cross went out with flag of truce
another went out and came back wound-
ed. Stevens and Ketzmiller went out-Ste
Vens was shot Afterwards it Commenced
raining very hard; supposed Stevens was
dead-he lay near the corner of the denot
heard groaning and saw Stevens moying
asked Brown to send a man to relieve Ste,
Vensi Brown refused to send one because he
would be shot; the witness was allowed 10
go and assist Stevens into the Hotel wit
mes returned according to his pledge 10 the
engine house and was sent several times by
Brown to request citizens not to shoot a.
tho lives OF prisoners were endangered; me-
EQUATIONS were going on between Brown
ana prisoners before the general firing com.
meneed; Brown proposed that he should re,
tain possession OF what he held, including
tue arlnory and negrSes, Washington and
al seemed to aeqniesce in this arrangements
Cross Was sent out to confer with Brophau
and others on the subject; a guard want with |