The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1859-11-04

plead guilty or not guilty; and
would then consider Browns re
quest. The prisoners were compell
cd to stand during the arraignment
Brown also standing.
Brown stood up with difficulty
and Stevens. was held upright by tw,
bailifTs.
Porte Crayon was present and tool
sketches Of the prisoners as thus ar
raigned. The reading of the indict
mcnt occupied about twenty min
utes. The prisoners each reaponet
to the usual question. Not Guilty,
and desired to be tried separately.
Mr. Faulkner. The state elects tc
try John Brown.
The Court.-His condition mus
be inquired into.
Mr. Botts.-I am instructed to say
by Mr. Brown, that he is mentslly :
.-d rhysicallp nnahle 70 p.,---i -
his trial at this time. He has also
heard to-day that counsel OF his own
choice will be here. whom he will
Of course prefer. lie asks only ior
a delay OF two or three days. l,
seems to me but a reasonable re.
quest, and l hope the Court will
grant it.
Mr. Hunter said he did not think
il the duty Of the prosecutor for the
Commonwealth, or any one occupy
ing that position, to oppose anything
that justice required, nor to object to
anything that involved a simple
consideration Of humanity, where il
could be properly allowed. Yet in
regard to this proposition to delay
the trial Of John Brown one, two or
three days, they deemed it their du.
ty that the Court before determining
the matter, should be put in pos
session OF facts and circum stances
judicially, that they were aware OF
in the line of their duties "a prose-
cutors. His own opinion was, that
it was not proper to delay the trial
of this prisoner, for single day. and
that there was no necessity for ir.
Mr. Har in concurred in the
objections OF Mr. Hunter, on the
ground Of danger in delay; also be-
cause Brown was the leader of the
insurrection, and his trial ought to
be proceeded with on account of the
advantage thereby accruing on the
trial OF the others.
Mr. Green remarked that he had
enjoyed no opportunity for consult.
ing with the prisoner or preparing a
defence. The letters for Northern
counsel had been sent off, but suffi
cient time had not been afforded ia
receive answers. Under the circum
stances, he thought a short delay
desirable.
Mr. Bolts added that at present
the excitement was 80 great as per-
haps to deter Northern counsel from
coming, but now that it had been
promised that the prisoners were to
have fair and impartial trial, he
presumed they would come and take
part in the case.
The Court stated that II physical
inability was shown, a reasonable
delay must be granted. AZ to the
expectation Of other counsel that die
not constitute a sufficient cause fol
delay, as there was no certainty
about them coming. Under the cir
cumstances in which the prisoners
were situated, it was natural tha
they should seek delay. The brie
period remaining before the close o
the term OF the Court, rendered i
necessary to proceed as expedition
as possible, and to be cautious abou
granting delays. He would reques
the Physician who hal attehde,
Brown to testify ss to his condition
CHARLEsrowN, October %. -Th
afternoon session of yesterday wa
occupied with the examination O
Colonel Washington and Conducto
Phelps. but nothing of importanc
was ELECTED beyond what has alread
been disclored on published state
ments.
Cook passed through Frederic'
city yesterday, in custody OF the off
GERS, on the way to Charlestown.
Cook was brought here at on
O'Clock this morning. He says tina
il Brown had taken his advice i,
relation to mounting the men,
force one thousand strong could nc
have taken them. He Gays ths
Fred Douglas acted the coward, a
he promised to be there in person. -
There is great rejoicing here at th
arrest Of Cook.
George H. Hoyt, Esquire, OF Bos
ton, arrived this morning to act g
counsel for Brown. He is quite
young man.
The Court met at eleven o'clocl
Brown was led over from the jai
walking very feobly, and laid dow
on q cot.
Senator Mason entered the Cou
with MIR Hoyt. Senator Maso
remarked that the testi nony give
by Colonel Washington and Coz
ductor Phelps was very correct.
81 The Jury was called, and M
, Bolts announced the arrival Of M
a Hoyt, who bad come to assist Il
i counsel for Brown. At preseu
however, he did not feel disposed
I take a part in the case. Whenev
/ he should feel disposed he would
. so.
!. Mr. Hunter suggested that he h,
o better be qualified as a member
N the Bar on producinp proof from 4