Year: 1859

Mr.. Hoyt, ofBoston, who had been sitting quiet


ly all day at the side of Mr.. Bots now arose amit


great sensation and addressed the Court as follows


''May it please the Court would add my voic


to the appeal of Capt. Brown, although have haC


no consultation with him, that further hearing


OF the case be postponed until morning. He sale


he would state the reason for this request. He wa


informed and had reason to believe that Judge


Tilden of Ohio was on his way to CharlestOwn, anC


would undoubtedly arrive in Harper's Ferry to


night at o'clock. He had taken measures to Sc


cure that gentleman's arrival at this place to-nigh


il he reaches the Ferry.


For himself, he had come from Boston, travelling


night and day, to volunteer his services in the de


fence of Capt. Brown, but he cannot take the re


sponsln1ty OF undertaking his defence as now stu


ated The gentlemen who have defended Capt


Brown have acted in honorable and dignifed


manner, in all respects, so far as | know. But
cannot assume the responsibility of defending him
myself Tor various reasons. Frst-It would be
ridiculous for me to do it. have not read the in
dctment through; have not except so far as have
listened to this case and heard the counsel this


morning, got any idea of the line of defence pro-
posed. have no knowledge of the criminal code
of Virginia, and have had no time to read it. |
have had no time to examine the questions arising
| In this defence, some of which are of considerable
Importance, especially relative to their jurisdiction
over the armory grounds. For all these reasons |
ask continuance of the case till morning.
MIR. Botts-ln justice to myself | must state
on oeng hrst assigned as counsel for Capt. Brown


| conferred with him, and at his instance took
uoMH d llst Vi Tue witnesses he desired subpnnaed
In his behalf, though late at night | called mn tba
! Sheriff and informed him that | wished subpnnas
issued early in.the morning. This was done, and
there are here, Messrs. Philips, Williams and Grist
who have been examined.


Sheriff Campbell stated that the 'subnoenas vara
placed in the hands of the officers with the request
TO serve them at once, and they must have served
them as some of the witnesses are here. The pro-
cess not returned may have been sen t NV priyate
hands and failed to arrive.


Mr Bolts thought they had shown, and was con-
hdent he spoke the public sentiment of the whole
community when he said they wished Capt Brown
to have A fair trial.


Mr. Hunter-I do not rise for the nurnoca of
protracting the argument interrupting with the
sllghteSt impeachment in any way the giving of a
ialr trial A fair trial, whether it was promised to
capt. Brown or not, is guaranteed by our laws to
every prisoner, and so far as AN concerned have
studlously avoided suggesting ANYTHING to the
Court mat would in the slightest degree interfere
with it. beg leave to say in reference to this ap
pcation that supT ose the Court, even under these
circumstances, will have to be satisfied in some way
through the counsel otherwise that this testimo
ny Is material testimony.


SO far any of the witnesses have been exam


lneu the evidence relates to the conduct of Capt.
Drown IN treating his prisoners with leniency re-
spect and courtesy, and this additional matter that
MS ags OF truce, if you choose to regard them So
were not respected by the citizens but some of his
men were shot whilst bearing them. If defence
take this course, are perfectly willing to admit
these facts in any form they may desire Unless
the Court shall be satisfied that this testimony
every particle of which, no doubt is here that
could be got-is material to the defence [ submit
that the application for delay on that score OUGHT
not to begranted.


some oil these witnesses have been here and might
nave been asked to remain. A host of witnesses on
our SIDE have been here and gone away without be-
Ing called on to testify. simply suggest that il is
due In justice to the Commonwealth which has
some rights as well the prisoner that information
be given to the Court showing that the additional
testimony wanted is relevant to the ISSUE The sim
pie statement of counsel | do not think would be
sufficient


MIR. Green arose to state that Mr. Bolts and HIM
sell would both now withdraw from the case, and
can no longer act in behalf of the prisoner he hav-
ing got up now and declared here that he has no
confidence in the counsel who have been assigned
him. Feeling conscious that have done my whole
duty so far as have been able alter this statement
of his should feel myself an intruder upon this case
were | to for him from this time forward Ihad
no disposition to undertake the defence but accept
ed the duty imposed on me, and do not think un-
der these circumstances when feel compelled to
withdraw from the case, that the Court could in.
slst that should remain in such an unpleasant DO
siton.


Mr.. Harding.--We have been DELAYED from time
10 time by similar applications, in the expectation
OF the arrival OF counsel, until have reach
ed 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 continu-
ance The very witnesses that they now consider
material Mr.. Dangerfeld came here, summoned
by ourselves, but deeming that we had testimony
enough, we did not examine him.


The Court. The idea of waiting for
counsel to state 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


MIR. Botts.-I Have endeavored to do nv duty
in this matter but cannot see how, consistently |
with my own feelings | can remain any longer in |
this case, when the accused whom have been la |
boring to defend, declares in open court that he
has no confidence in his counsel.


make this suggestion, that now retire from
this case, and the especially since there is
now here gentleman from Boston who has come
on to volunteer his services for the prisoner.
suggest to the Court to allow him this night for
preparation. 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
and facts in relation to this case | cannot do
more. And, in the meantime, the Sheriff can be
directed to have the other witnesses here to
morning.


The Court would not compel the gentlemen to re-
main on the case, and accordingly granted the re
quest to postpone, and at O clock adjourned till |
tomorrow morning.


There is great excitement, and the town guard |
has been increased. The conduct of Brown is re- |
Faho ,al- g.