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

she present be woald not take part In the case.
The examination of witnesses was resumed
conductor Phelps was recalled tor the defence
as also Lewis Washington. No new facts were
ELECTED. "a
MT. Hunter laid before the jury q printed con-
stltutlon for a provisional government; also Q
large bundle OF letters and list Of the members
OF the Convention, headed with the name Of
VIM. Charles Morris, President, and IT, j. Kagi
Secretary. Brown acknowledged his signature
to the paper. A letter was also read from j. r
Giddings acknowledging letter from Brown
and stating that he would be pleased to see him
Gerrett Smiths letter about "Kansas work. was
also read
Armestead Ball, John Allstadt, Alexander
Kelly and Albert Grits severally testified, sub
stantially as has been heretofore published
Several witnesses for the prisoner were called
and did not answer tt was stated that the sub.
penas had not been returned. Brown here a.
rose from his mattress evidently excited, and
starting 10 his feet addressed the Court. He
said that Notwithstanding all the promises it
seemed that nothing like fair trial was to be
given him. All his money had been taken from
him, and he had no one to do errands for him.
| He had given the names of witnesses and it
hoes
no counsel in whom he could rely, and asked that
the proceedings might be postponed till Satur-
day when he hoped one would be here. Brown
then laid down again, drew his blanket over
him and closed his eyes, and appeared. to sink
in tranquil slumber
Mr.. HOyt who had been sitting quietly all day
at the side of Mr.. Bolts arose, amid great seDsa.
ton, and added his voice to Browns appeal
He had reason to believe that Judge Tilden, of
Ohio, was on the way to Oharlestown, and
would undoubtedly arrive at Harper's Ferry to-
night at 7 o'clock. Mr.. Hunter made some re-
marks, showing that the proceedings had been
regular and fair, and that the prisoner had no
right to complain. Messra. Bolts and Green,
however, having been repudiated by Brown,
withdrew from the case. The Judge remarked
that he would not compel the gentlemen to re
main on the case, and accordingly granted the
/ request to postpone.
On Saturday, at II o'clock, the prisoner was
brought into COURT and laid on his cot, looking
feeble and haggard, and showing IN bis counte-
nance the effect of last evenings excitement
Mr.. Hoyt entered accompanied by Fl. Griswold,
of Cleveland, Ohio, and Samuel Chiffon, OF
Washington, the latter two gentlemen taking
the Odtl rs hlbOTucyoi ~ uOiouU tbO Piioohoi'
Mr.. Hoyt entered as counsel the previous even
| ing,
Mr.. Chiffon said that he had been called up
on unexpectedly to defend the prisoner, came
expecting to be associated with Messrs. Bolts
aud Green. He had not read the indictment,
and suggested delay of few hours. The
Court decided that the trial must go on. Mr.,
Hoyt then objected to the papers produced on
Friday, and the prosecution withdrew them.
Witnesses for the defence were then called
Their testimony only went to show that Brown
was polite DC, to his prisoners. A colloquy
took place between the prisoter lying on his
cot, and one of the witnesses, as to the part Ia
ken by the prisoner in not unnecessarily expo .
sing his hostages to danger. No objection was
made to Browns asking these questions in his
own way, and interposing verbal explanations
relative to his conduct.
The defence having closed their testimony,
Mr. Chiffon submitted motion that the prose-
cution be compelled to elect one of the counts
in the indictment and abandon the others. At
ter argument, the Court decided against the
lmotion. +4
Mr.. Griswold then asked that the case
be opened by the Commonwealth, and further
discussion postponed till Monday. After some
! remarks by counsel on both sides, without a
nv decision of the matter, Mr. Harding pro-
ceeded to make the opening argument. He
spoke about forty minutes, and the court then
adjourned till Monday.