Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1922-05-04

organization was planning revolt by
riot and murder and the prisoners
were to be released from Jail. The
reason so many people put confidence
in these rumors was because il was
difficult to believe that a mere handful
Of men would try what Brown had
tried unless there had been definite
assurance OF support, and then, too,
in times OF excitement almost any ru-
NOR is believed
The preliminary hearing opened on
the 18th Of October. The court house
in which the preliminary hearing was
held was heavily guarded; martial law
had not been proclaimed but the
militia was in complete control. The
town was full OF strangers, newspaper
correspondents galore. The Jail was
diagOnally across the street from the
courthouse. At the designated time
Brown marched out the front door OF
the Jail between a double file Of SOL
diers. There he was, an old, bare
headed man, six feet tall, stoop- shoul-
tered, and long gray beard. His
piercing blue-gray eyes showed no
signs of fear. His enfeebled condi-
ton seemed to enforce silence as he
walked slowly along, manacled to one
Of his men.
Five or six hundred people crowded
the courtroom; not one single foot
Of standing space was left. The court
room was then on the first floor Of the
courthouse; it is now on the second
floor. The preliminary was conducted
by eight justices of peace, who formed
the board Of examining magistrates,
and whose duty il was, after hearing
the evidence, to dismiss the proceed
ings or hold the defendants for the
action OF the grand jury. The pros
ecuting attorney was Charles Harding,
a driftwood Of some political stream
which had landed him in Jefferson
county. Governor Wise had appoint
ed Andrew Hunter as special prosecu-
tor to assist the prosecuting attorney.
Mr.. Hunter was a resident Of Charles
town. He was a man Of distinguished
appearance, handsome and alert, a fine
lawyer and magnificent pleader.
The first move was made by Hard
ing. He arose and demanded to know
whether the prisoners were represent
ed by counsel or whether they wished
the court to assign them counsel. II
was not so much what he said, but the
way he said it, that Brown did not
like. The haggard old man arose with
difficulty from his chair, looked around
at the crowd, his eyes flashed fire, and
exclaimed: "Virginians, did not ask
for quarter at the time | was taken.
do not ask for it now. do not ask
to have my life spared. II you seek
my blood, you have it at any moment
without the mockery OF a trial. have
no counsel. If we are to be forced
into a mere form OF a trial, trial for
execution, you might spare yourselves
that trouble. am ready for my fate.
| beg no insult, nothing but that which
conscience gives or cowardice drives
YOU TO practice. again ask to be
excused from the mockery of trial"
He swayed back and sat down in his
chair That short speech was aimed
at the pride of Virginia and it found
its mark 1t was the courageous de-
tiance of a man at bay, and il aroused
among his hearers feeling akin to
respect.
When court opened the second morn
ing, Mr. Bolts arose to address the
court; he said that he had received a
telegram from a man in Akron, Ohio,
conveying the apparently reliable in
formation that there was good deal
Of insanity in Browns family, and he
desired time TO investigate the state
meut While he was making this plea,
he was interrupted BY Brown in the
most unexpected and unusual man
ner. The old man struggled Up, his
eyes blazing with excitement, his voice
shaken with emotion and every mental
fncuity alert. In plain and unmistak-
able language he repudiated his at
torney's plea and claimed that there
was no insanity in his fathers family,
although, as his counsel stated, some
Of his mothers people had been men,
tally afflicted. He scornfully refused
any such subterfuge in his behalf. The
question was argued among the at
tOrneys on both sides and finally the
Judge interviewed and said that as