The Washington herald., 1907-06-02

First sight of Prisoner.
After I got settled down in the jury .
I box 1 saw Brown. lie was lying ON a cot, 1
which set up probably two feet from the
/ floor. He was q very tall man. spare, /
with very bushy beard, eyebrows, and /
/ hair. His hair and beard were sprin}led /
with gray. ] remember he had eyes that /
! looked at you like they would bore /
/ through you He had very large hands. /
which looked rough like they were used /
/ 10 hard work. Iie was "a powerfully bUlt /
man.
/ IT was o'clock before they got jury /
land the Judge adjourned court and We /
were taken 90 The tavern IN charge Of a /
deputy or TWO. The next morning, at 3 /
/ O'Clock. we were taken back TO the court I
room. The crowd was bigger than on the /
day before if that could be. The soldiers /
were posted about the courthouse. Brown /.
walked into the courtroom, but he soon /
/ lay down ON his cot.
/ Charles Faulkner and Lawson Bolts, /.
! both of them pretty good lawyers, were |.
assigned 10y Judge Parker to defend /
. Brown. Faulkner did not stay in court
/ long, and the judge assigned a man
named Green 20 defend the prisoner. /
/ Charley Harding the Commemorative at /
/ toruey OF jefferson County, prosecuted, .
and was assisted by Andrew Hunter,
splendid lawyer who Was employed by
/ Gov. Wise, L heard. 1 remember that
, Brown did not look pleased when the
court asked him if he had objections TO
, the counsel assigned 90 him, but DE did
not say yes
Lay on His Cot.
"WAen the clerk started TO read the
Indictment Judge Parker told Brown he
need not stand up. and tine old fellow
lay still. with lis eyes shut. The indict-
meat charged Brown and his companions
with having c0usp.rad with negroes to
produce insurrection. with having boon
guilty of treason lu the Commonwealth
and with murder i'm the first degree Prob
'ably there We're other charges In the i'm
dictmeut, which was very lengthy.
Brown addressed the court before or
latter the reading of tha Indictment, l
have forgotten which Iie be-gCj the
court 10 grant a continuance of his case,
saying that Doe was suffering from "a SEE
we're wound in his back and kidney, 1
think Doe said. and that his hearing was
. very bad. owing TO wounds The lawyers
Wuugled a bit over the motion t1 con-
. tlue the ease, and Judge Parker said it
should go on
"As soon as the judge said the case
should so % trial right away, one Of the
lawyers for the prisoners. 1 think it was
MT Bolts, read telegram from q man
] in Akron. Ohio. saying that insanity WIS
hereditary I'm the family of Brown
mother. that several OF the family had
been confined i'm asyIums. and one of them
/ had died there. Nr. Bolts said the dis
IU1lch had been read 90 the prisoner who
r said there was insanity m his mothers
Z family but none FOE his fathers. Nr
D. Bolts said. 7 remember. that the prisoner
. Ida not wish 10 plead insanity. Brown
land C0UQi1 who WAS indicted with him.
- as recall, had pleaded not guilty % the
Indictment
Made Address 10 Court.
ct remember that Brown addressed the
court on the subject Of the insanity plea.
He did not rise from his cot. but spoke
Lying. He was very earnest and even
. savage tn deu0uciHg insanity pleas as the
.rer1ga of towards Brown often a0-
dressed the court during the trial He
was what I would cali a fluent tdiker
e lie was not eloquent.
a "I do not recall all the evidence con-
I tiuued lha old gentleman. 'I recall that
20 the FIRST witness for the prosecution was
q r man named Phillips. who was the C0u-
. Eucf0r of the Baltimore and Ohio train
. which Brown had held no and then al
lowed TO proceed. The jury was impressed
r bv the statement of the conductor that
Brown expressed regret that the train
r. had been delayed. and assured him THAI
it was not his intention that blood should
ID be spilled.
o.. 90 .-Hs r-
u man named H0yt from Boston. appeared
r. and was introduced 10 the court by Mr.
l Bolts as counsel for Brown. H0yt did
not have credentials, but the judge aI
" lowed him 10 proceed as the associate
l counsel for the defense. lie WAS very
y Young. and I think De impressed every
.l member of the jury ms being fresh.
"I remember how the jury Joined in tht
general laughter which followed the state
ment of q man named Allstadt, one OF
IS Browns prisoners i'm the engine house
that the negroes among the Couspirators
did not do much work, bur slept mos
r- of the time.
Is Case of the Defense.
Is "The defense put on several witnesses
It Every one Of thcm had been held in the
I engfnelouse by Brown. I rec1llect how
q Brown wcpt when one of them described
is how one of his men had been killed. Their,
ID must have been some good I'm the old man
D. All the witnesses testified to- the fact tha
n Brown had treated them humanely while
g ne held them prisoners. Mr.. Hunter OBJ
iacted TO testimony showing that Brown
1- had treated his prisoners well. 1 Ts
ts member that me said this had no more
-- t1 DO with the case than the dead Ian
re Euascs had.
Up After several witnesses for Brown hat
D been heard two or three were called, bu
Pc did not answer. Brown then asked thl
Mt court 20 postpone further proceedings un
T. ID morning. He limited that his C0unsc
's had not summoned the witnesses who's
ut names he had given them. Bolts an'
Green joined In asking for a postpone
7t meut. but Mr. Hunter opposed the re
up quest. I am sure the sheriff said he has
be- given the subpocn8s To- the witnesses. a.
n lIr. Bolts had asked and that ne Coul'
ri not account for their not being present
ii ! think the judge allowed the case to b
lg continued until the following day. Blu
before court adiosrncI both Mr.. Bott
'u and Sir. Green announced that after TN
ls slur cast upon them hy Brown they cOul
m not remain longer in the case. They de
i- clarod they had tried to do their dut
e, by their client, and it seemed to me the
". had done all lawyers could dc. Brow
lt did not appear % notice what they wer
be- saving while they were telling the CouT
Dt they could not defend him any longer.
ne when court convened the next morn
IS. ing. Samuel Chiffon, q NirgiDian. livin
he in Washington. and Henry Griswold. O
ls Cleveland. Ohio, We're introduced as couu
ae sch for the prisoner They arrived durin
lr the night. They were good lawyers Girls
an void impressed the jury especially favor
S. abIv. He seemed @ look on Chiffon q
To leading counsel. but we thought Griswol
re the leading lawyer Young Hoyt did
e. great deal Of talking, even after the oldo
Of lawyers arrived Brown was allowed Z