Year: 1859

THE FOURTH DAYS PROCEEDINGS.


OiARIxnowN, Va, Oct %, 1864


The Court met at ten O'Clock.


The JUDGE announced that he had received note from
the counsel Of the prisoner requesting delay for
few minutes 70 enable them have an interview with
the prisoner He would accordingly wait short time


Soon afterwards Brown was brought In, and took his
usual recumbent position In bed.


Samuel Chiffon, Of Washington city, appeared addi-
tional counsel for the prisoner, and was qualified.


Henry Grswod, Of Cleveland, Ohio, was introduced TO
the Court as counsel for the prisoner, and qualified


Mr. CmSoS thought 1t due to himself to make an ex-
panatoy statement before the trial proceeded Yester
day he very Unexpectedly called upon TO here
and aid in the defence Of the prisoner. Knowing from
the newspapers that the trial was In progress he
took time 70 consider and consult his friends
ss 70 the proprety Of accepting tho propo-
sition. He would have had hesitation II he
had been spoken to in time, but his friends advised
him come and he did with the expectation of merely
assisting the gentlemen already conducting the defence
Upon reaching here he found that they had withdrawn
from the case and he then hesitaed about undertaking
IT, but upon consultation with the prisoner and his friends
here they insisted he should So and no would do the
best he could not feeling at liberty under the circum
stances to refuse These circumstances however, would
re00eT ~ ioI W ul6CuaBc Iuu uuty OF
COUNSEL not having had time to read the indictment or
examination already given. He made no motion for
delay this matter entirely within the discretion Of
the Court and the Judge thought proper TO refuse to
grant any postponement, he knew It would be
done under q sense of duty. Those extraordinary
circumstances would also render it impossible for his
associate, Mr. Griswold TO discharge his full duty as
counsel. short delay Of few hours, II the Cour.
thought proper to grant would enable them To make
some preparation.


The COURT decided that the trial must 60 on Counsel
had been assigned the prisoner here of his own seec
ton, who had abored zealously In his behalf and had
withdrawn because the prisoner had yesterday evening
declared in open court that he had confidence In them
No obstacle had at any time been thrown in the way Of
the prisoners having ample defence II this the
only Of the kind before this he would once
grant the request but several similar remain to be
disposed Of This term will very end, and it was
hia duty endeavor TO get through with all the cases. If
possible in justice TO the prisoners and in justice the
State. The trial must therefore proceed


Mr. HoyT remarked that yesterday the attorney for the
Commonwealth produced various papers in court which
identified, for what purpose he knew not but pre-
sumed he should be informed being in Captain
Browns handwriting, and some bearing his endorse
nent He had hastily examined those papers and wished



ciated with him on the trial had not examined them, bu
he supposed the Court would regard that material
under the present ruling.


Mr.. HUNTER Gnterrupting) is no need OF argu
ment about the matter Designate those you wish to OBJ
ect 70.


Mr. HoyrI desire to know the object of the counsel in
introducing those papers


Mr. HuSTER-The papers viii speak for themselves
If you will designate which Of them you object to, will
60 on at once.


Mr.. HoYT-I object to the autobiography Of Captain
Brown, as having no bearing on this case.


Mr. HuNrER-I withdraw It.


Mr. HoyT-I object to tho letter Of Gerrit Smith


Mr. HuNTxR-I withdraw that too.


Mr. Hoyr-I handed to the Clerk last night list OF
names wished summoned as witnesses, Samuel Strder,
Henry Aut Benjamin Mills, John E. P. Dangerfed and
Captain Smms. got des patch just now informing mo
that Captain Smms had gone to Frederick and would
turn in the first train this morning. and to Charles
town this afternoon. should like TO inquire whether the
process had reached Captain smms at Harpcr's FerryP


Sheriff CARuI replied that the officer stated that Cap
tain simms had gone to Frederick.


Mr.. HUMm-Hc was here yesterday. hope we will
proceed with some other witnesses.


JOHN E. p. DASGKRnD called, and testified that he
was officer Of the Armory; he prisoner in the
hands Of Captain Brown at the engine house, negotiations
were going for the release Of oil tho prisoners before
the firing commenced; about dozen black men were
there armed with pixies, which they carried most awk-
wardly and unwillngy during the firing they were y-
ing about asleep some Of them having crawed under the
engines witness free To say that from the treatment
Of Captain Brown he had personal fear Of him his
men during his confinement saw Of tho men shot In
the engine house, he fell back excaiming Its all with
men and died in a few moments; this man, he learned,
was one Of Captain Browns sons; saw another young
man. who came In wounded, and commenced TO vomit
blood he was also son Of Captain Brown, and
wounded whilst out with Mr. Kzmler; the prisoner fire.
auenty complained that his were shot down whilst
carrying flag Of truce.


Mr.. HUNTER complained that they going again
the same facts that elected, and all this freely
admitted by the prosecution.


Mr. HoYr said that he regarded II the only feasible
line Of defence TO prove these facts the duty Of
counsel to show possible, that Captain Brown not
guilty Of treason, murder nsurrecton, according 10
the terms Of this Indictment We hope prove the ab
sence Of malicious intention.


Mr. HUNTER was frank admit that he could not but
regard this merely calculated to waste time.


Mr. Hoyr would remind the Court that the course be-
ing pursued was only in accordance with their con-
vicon Of duty but in accordance with the express CON-
maDds Of their client.


The CouRr remarked that the counsel responsible
the Court 70 conduct the according TO the rules Of
practice.


Mr.. HoyT thought the language Of the prosecution was
calculated to mpuyn the honor Of tho counsel for the pr
soner


Mr.. HrS1TH-Nothing Of the kind intended. II Is
presumed the gentlemen will conduct the In accord
with their duty counsel and their responsibility to
the Court


Mr.. pANcERrnID, reSumed-Ileard sone conversation
by Captain Brown to having In his power lay tho
town in ashes and carrying of the and children
but that he had RETAINED from dong heard him mako
no threats that he would do 10; the only threat heard
from him was at the commencement OF the storming OF
the engine house; hc then said that must all take
equal shares with him--hat could longer monopo


zc the places Of safety; he however, made attempt
70 deprive us of the places had taken; Brown pro-
missed safety To all descriptions Of property except slave
property; at the time Of the assault by the ma
rines, ono Of the men cried out for quarter;