Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1913-02-13
THE JOHN Brown RAID
SOME CLIPPINGS FROM OUR
OLD FILES OF 1859.

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1 Thursday, November 3, 1859.
Trial of the Harpers Ferry Insurgents
CONTINUED from last week.
| Mr.. Hunter. Il do not rise for tht
purpose of protraeting the argument OF
interruptipg with the slightest impedi.
ment, in any way, the giving of afail
trial. A fair trial whether it war
promised to Captain Brown or not, is
guaranteed by our laws to every prison
er, and so far as / am concerned have
studiously avoided suggesting anything
to the Court that would in the slightest
degree interfere with it. / beg leave
to say, in reference to this application,
that suppose the Court, even under
these circumstances will have to be
satisfied in some way through the
counsel or otherwise, that this testi-
monY is material testimony.
So far as any of the witnesses have
been examined, the evidence relates to
the conduct of Brown in treating his
prisoners with leniency, respect and
courtesy, and this additional matter,
that his flag of truce-if you choose to
regard them severe not respected by
the citizens, but some of his men were
shot while bearing them. If the de-
fence take this course, we are perfect
ly willing to admit these facts in any
form they may desire. Unless the
Court shall be satisfied with this testi-
mony every particle of which have
no doubt. is here that could be pot-is
material to the defence, / submit that
the application for delay on that score
ought not to be granted. Some of these
witnesses have been here and might
have been asked TO remain
A host of witnesses on our side have
been here, and gone away, without be-
ing called to testify. simply suggest
that it is due, in justice to the Com
monwealth, which has some rights as
we'll as the prisoner, that information
be gwen to the Court showing that the
additional testimony wanted is revelant
to the issue. The simple statement of
counsel, do not think would be suffi
cient
Mr.. Green arose to state that MIR.
Bolts and himself would both now with
draw from the case, and could no Ion
ger act in behalf of the prisoner, he
having got up now and declared he
that he had no confidence in the coun
sci who have been assigned him. Feel
ing conscious that have done my whole
duty so far as haYe been able, after
this statement of his / should feel my
self an intruder upon his case were
to act for him from this time forward
| had no disposition to undertake the
defence, but accepted the duty imposed
upon me, and do not think under these
circumstances, when l feel compelled
to Withdraw from the case, that the
Court could insist that should renal /
IN such an unwelcome position
Mr.. Harilng-We have been delayed
from time to time by similar applica-
lions in the expectation of the arrival
of counsel, until we now have reached
a point of time when we are ready to
submit the case to the jury upon the
evidence and the law, when another
application arises for a continuance. =
The very witness that they now con
slider material. Mr.. Dangerfield,l came
here summoned by ourselves, but deem
ing that we had testimony enough, we
did not examine him.
The Court The idea of waiting for
counsel to study. our Code through,
could not be admitted. AS to the other
ground, do not know whether the
process has been executed or not, as no
return has been made.
Mr.. Botts-I have endeayored to do
my duty in this matter, but 1 cannot
see how, consistently with my own
feelings, can remain any longer in
the case, when the accused whom |
have been laboring to defend declares
in open court, that he has no confidence
in his counsel
make this suggestion that l now
retire from this case and the more es-
pecially since there is now here. gen
tleman from Boston, who has come to
volunteer his services for the prisoner.
! suggest to the Courtto allow him this
night for preparations My notes my
office and my services shall be at his
command. / will sit up with him all
night to put him in possession of all the
law aud facts in relation to this case.
cannot do more; and in the meantime
the Sheriff can be directed to have the
other witnesses here tomorrow.
The Court would not compel the gem
tlemen to remain in the case. and ac-
cordingly granted the request to post
pose. and at O'Clock adjourned till the
next morning.
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FOITRTH nav