Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-10-27
~ ChAaLa.IeN, ". Oel.. 20.

cess while awaiting the return 0t the frond
Jury. Mr. Johnson, y. S. Matshal, from
Cleveland, Ohio, arrived this morning, and
visited the prisoners lie identified Cope-
land a. a fugitive from Justice from Ohio
llis object is supposed TO be 10 ferret out
testimony duplicating other parties The
excite ment is unabated--orowds Of persons
are present from the surrounding country.
The event is regarded ~ proving the iaith-
fulness Of the slates--no fears are enter.
tanned Of them bot military guard Is kept
up fearing an attempt to rescue the prison,
ere. CONSERVATION among the slaves Is caus
ed BY the fear Of being seized like those Of
Col Washington were, and they firmly be-
lieye the object Of the prisoners was to car
ry them South and sell them. Not q single
slave has yet been implicated as even sym
pathising with tho insurrectionists. Those
carried OF have al been captured and re-
turned 10 their masters A cannon is sta
toned Ia front OF the Court House, and an
armed guard is patroling around the jail.
Capt. Grown has consented 10 allow
Messrs Faulkner and Bolts to act rs his
counsel, they assuring him that they will
defend him faithfully and give him the adj
vantage Of every privilege the law viii allow.
Stevens declares he does not desire 20 be de-.
Tended by northern counsel, preferring eouth
ern, and that the Court should name them.
There is decided sympathy for Stevens
> not only on account OF his suffering, but
that no has shown none Of that vindietiye.
! ness aud Lardihood that chaFaeterisea Brown
His regret is REGARDED as being caused by
the consequence Of his folly, and the exam,
, ination yesterday indicated that the other
prisoners have lost their confidence in
Brown and are not disposed to follow him ia
his defiant course
:, At II o'clock the Court reessembled-the
jury reported true bills against the prison,
ere and we're discharged. Chas u Harding
assisted by Andrew Hunter, represents the
! commonwealth, and G. J. Faulkner and
La Sson Botts are Counsel for the prison
ers
a True bills were road against each prison.
er, first, for conspiracy second, for treason
tO the Commonwealth; and third, for murder
The prisoners were brought into court ac-
q companied by body Of armed men. They
: passed along through the street and entered
the court house without the slightest dem
onstration on the part of she people. Brown
looked somewhat better; bis eyes were not
so much swelled Stevens had TO be sup
s ported aud reclined on natrass on the
floor OF the court room, evidently unable tO
sit up, he has the appearance almost Of dyl
ing man, breathing with difficulty and pant
ing for breath,
Before the reading of the arfaignment,
u Hunter called the attention of tho court to
the necessity Of appointing additional coun,
sci for tue prisoners, stating that one of the
counsel, Mr.. Faulkner, appointed by the
county court, considering his duty in thai
capacity as having ended, had left here, the
lprisoners therefore had no other counse
q ~ Al. a.
sign them other counsel, it might be proper
to do so now
The Court stated that it would assign
them any member of the bar they might SCI
I lect After consulting Capt Brown, Mr.
Bolts said that the prisoner retained and
desired TO have Mr.. Green assist him-if the
Court would nccede to that arrangement il
Q would be very agreeable to him personally
The Court requested Mr. Green to act al
counsel for the prisoners and he consented
10 do 80. Brown arose and said: do moi
intend to detain the Court, but merely wish
to say, as have been promised fair trial
I. that am not now in circumstances that en-
able me to attend at the trial, owing to tht
state Of my health. | have severe injury
:, in my back, or rather in one kidney, which
= enfeebles me very much, but | am doinI
well and only ask for very short delay o
my trial, and think | may get able to list
en- to it, and merely ask this, az the sayinl
- is. the Devil may have his dues--no more
| wish to soy further, that my hearing il
impaired and rendered indistinct in conse.
quence of the wounds about my head
! cannot hear distinctly at all could no
hear what the Court has said this morning
would be glad TO bear what is said at my
trial, and am now doing better than
could expect, so that seeing that under the
circumstances a very short time would be al
would ask. do not presume TO ask more
than very short delay, so that | may r
some degree recover and be able at least Il
listen to my trial and hear what questions
I are asked Of the citizens, and what their an
y swers are. II that could be allowed me,
should be very much obliged.
Mr.. Hunter said the request was rather
Is premature; the arraignment could be made
and this question could then be considered
The Court ordered the indictments to be
read 30 that the prisoners could plead gull
, ty or not guilty, and they would then con.
slider Browns request.
The prisoners were compelled to stand
during the arraignment-BrOwn also stand
lug Brown stood up with difficulty, and
Stevens was held upright by bsiliffs. Porte
!. Crayon was present and took sketches o
, the prisoners thus arranged The reading
Of the indictment occupied about 20 min.
g utes. The prisoners each responded to the
usual question, mot guilty. and desired to
be tried separately.
MIR. Faulkner--rbe State elects to try
John Brown. =
The Court-His condition must bc in
quired into
Mr. Botts-l am instructed to say by
Brown that he is physically unable to pro,
ceed with his trial. He has also heard to
day that counsel Of his own choice will be
here, whom he will Of course prefer. lie
asks only for delay of two or three days.
ltseems to me but reasonable request, and
| hope the Court will grantit
; Mr.. Hunter said he did not think il the
duty OF the prosecutor for the Commons
: wealth, or for enc occupying that position,
to oppose anything that Justice required NOR
y to object TO anything that involved a simple
y consideration Of humanity, whore it could
be properly allowed, yet IN regard to this
proposition to delay the trial of John Brown
for two or three days they deemed it their
duty TO object
The Court, before determining the matter
should be put in possession Of all the facts
!, and circumstances judicially that they were
aware Of In the line u their duties as pros
ecutors, his opinion was, that Il was not
proper to delay the trial Of this prisoner for
a single day, and that there was no necessi.
ty for IL He alluded in general terms to
the condition Of things with which they are
now surrounded, being such as rendered
dangerous, to say nothing OF the exceeding
pressure upon the physieal reaOnrces of the