Rensselaer Gazette, Volume 3, Number 28, Rensselaer, Jasper County, 2 November 1859 — TRIAL OF THE INSURGENTS. [ARTICLE]

TRIAL OF THE INSURGENTS.

We publish the proceedings as full as our space will permit. The case is so extraordinary, and the desire for intelligence on the subject so great, that we insert all we can find room for. Charleston, Va. Oct. 25. The preliminary examination of the prisoners captured at Harper’s Ferry commenced this morning b‘fore the magistrate’s court. At half past 10 o’clock the Sheriff was directed to bring in the prisoners, who were conducted from the jail under a guard of eighty men. A guard was also setting around the Court House, and bayonets are bristling on all sides. Charles B. Harding, Attorney for the county, is assisted by Andrew Hunter, Esq., counsel for the Commonwealth. The prisoners were brought in, Gen. Brown and E. Coppee being marched together. Brown seemed weak and haggard, with the effects of the wounds on his head. Copoee is uninjured. Stephens seemed less injured than Brown, but looked haggard and depressed. There are a number of wounds on the heads of both. John Cop'and is a bright mulatto, about twenty-five years old. Green, who is about thirty years of age, is a dark man. Sheriff Campbell read the commitment to the prisoners, charging them with treason and murder. Mr. Harding, State Attorney, asked that the court might assign counsel for the pris- I oners if they had none. The court consequently asked if the pris- ■ oners had counsel, when Brown addressed I the court as follows: “ Virginians:— l did not ask for any quar- ! ter at the time 1 was taken. I did not ask to have my life spared. The Governor of Virginia tendered me his assurance that I should have a fair trial, and under no circumstances whatever will I be able to attend to a trial. If you ask my blood you can have it, at any moment, without the mockery of a trial. I have had no counsel; I have not been able to advise with one, I know nothing about the feelings of my fellow prisoners, and I am utterly unable in any way to conduct my own defence. My memory does not serve me—my health is insufficient. Although there are many circumstances, jf a f a j r trial t 0 b e allowed us, that I would urge in our favor, yet if we are to be forced into a mere farce of a trial to execution, you might spare yourselves that trouble. I am ready for my fate. I don’t ask a trial. I beg for no mockery of a trial—no insult, nothing but that which conscience gives or cowardice would drive you to practise. I ask to be excused from the mockery of a trial. Ido not know what the design ol this examination is. Ido not know what is to be the benefit of it to the commonwealth. I have now but little to! ask other than that I be not foolishly insulted as cowardly barbarians insult those who fall in their power.” After consulting the prisoners, Mr. Faulkner addressed the Court, saying he denied the right of the Court to assign counsel for the prisoners, and that he could not under any circumstances enter upon the defence of the prisoners on such short notice, as it would, indeed, be a mockery of justice. Mr. Botts said he did not feel it his duty to decline the appointment of the Court. Mr. Harding addressed Brown and asked him if he was willing to accept Messrs. Faulkner and Botts as counsel.

Brown replied—l wish to say I have sent for counsel; I did apply, through the advice of some persons here, to some persons whose names I do not now recollect to act as counsel, who have had no possible opportunity to see me; I wish for counsel if I am to have a trial; but if I am to have nothing but the mockery of a trial, I do not care anything about counsel. Lewis Washington stated that about one o’clock bn Saturday night he was awakened by a noise; heard his name called, went down, and was surrounded by six men; Stephens seemed to command, Cook, Coppee, and the two nogro prisoners were along, and another white man whom he afterwards recognized as Kagi. Washington then proceeded to detail all the particulars of his being taken as prisoner, with bis negroes, and subsequent events up to the attack by the marines and his delivery. Mr. Kittsmiller gave the particulars of his being taken prisoner and locked up; subsequently had several interviews with Brown, v.ho had always treated him with respect; he tried to ascertain from Borwn what object he had in view, and Brown had often told him his object was to free slaves, and he was willing to fight to accomplish that object; he went out with a flag of truce on Monday afternoon; he requested Stephens to remain while he went forward, when he and Stephens were fired on, and fell; he recognized only Brown and Stephens, but counted twenty two men early in the morning armed with Sharp’s rifles; when Stephens was lying wounded he remarked to me that he had been crually deceived. Washington, recalled—in conversation with Governor Wise, Brown was told that he need not answer questions unless he chose; Brown answered that he had nothing to conceal, had no .favors to ask, and that he had arms enough for 2,000 men, and could get enough for 50,000 if wanted. Armistead Ball said he had an interview with Brown after his arrest; he said he had come for no child’s play, and was prepared to carry out bis designs; that his object was not to make War against the people and they would not be hurt if they remained still; his object was to place arms in the bands of the. blacks and free all the slaves in Virginia; Brown repeatedly said his object was to release the slav - s; I asked him if some plan could not be arranged for the liberation of self and prisoners; he said they could be released only by furnishing able bodied slaves in the place of each; Brown told the prisoners when the charge of the Marines was being made that .though he did not intend to injure them himself, they should occupy the post of danger with himself; that if they were not dear enough to their fellow citizens to accept the terms he had proposed to secure their safety they must be most barbarious. Coppee on the other hand told himself and friends to get behind the engines, that he did not wish to see any of them injured. One of the insurgents, Beckham, heard him say we have deposited him; did not see Captain Brown fire once from the engine house;

does not think he fired once; Green fired several times; never was unreasonably exposed. John Allstead, one of the slave owners who was brought into the armory with the slaves, detailed the particulars of the battering of his door and being seized by sixarmed men. At this point Stephens appeared fainting, and a mattress Was procured for him on which he laid during the balance of the examination. Allstead resumed; thinks Brown fired several times; knew he saw him with a gun levelled; saw all the prisoners except the yellow man Copeland. The preparatory examination being concluded the Court remanded the prisoners for trial befpre the Circuit Court. Charleston, Oct. 26. The Circuit Court, Judge Parker presiding, met at ten o’clock.. The excitement is unabated, and crowds of persons are here from the surrounding country. The event is regarded as proving the faithfulness of the slaves;-no fears are entertained of them, but a guard is kept up, fearing an attempt to rescue the prisoners. Cannon is stationed in front of the court house, and an armed guard is patroling around the jail. Brown has consented to allow Messrs. Botts and Faulkner to act as his counsel, they assuring him that they will defend him faithfully and give him every advantage the law allows. Stephens says he does not desire to be defended by Northern counsel,preferring South ern, and that the Court should name them. There is a decided sympathy for Stephens, not only on account of his sufferings, but that he has shown none of that vindictiveness and hardihood which characterized Brown. The Court requested Mr. Green to act as counsel for the prisoner, and he consented to do so. Brown arose and said: “I do not intend to detain the Court, but merely wish to say. as I have been promised a fair trial, that I am not now in circumstances that enables 1 me to attend a trial, owing to a state of my : health. I have a severe injury in the back/ or rather in one kidney, which enfeebles me j very much, but I am doing well, and I only i ask for a short delay of my trial; and I think i I may get able to listen to it, and I merely! ask this, as the saying is, ‘that the devil may have his dues,’ no more. I further wish t» say that my hearing is impaired, and rendered indistinct in consequence of wounds I have about my head. I cannot hear distinctly at all. I could not hear what the Court has said this morning. I would be glad to hear what is said on my trial, and I am now doing better than I could expect; so that under the circumstances- a very short time would be all that. I would ask. Ido not presume to ask more than a very short delay, so that I may, in some degree, recover, and be able, at least to listen to my trial and hear what questions are asked of the citizens, and what their answers are. If that I could be allowed me, I should be very much obliged.” The Court ordered the indictment to be read, so that the prisoners could plead guilty or not guilty, and would then consider Brown’s request. Brown stood up with difficulty, and Ste- > phens was held up by two bailiffs. The reading of the indictment occupied twenty minutes; each prisoner responded'to j the usual question, “not guilty,” and desired to be tried separately. Mr. Faulkner—The State elects to John Brown. The Court—H is condition must be inquired into. Mr. Botts—l am instructed to stiy by Capain Brown that he is mentally and physically unable to proceed with the trial at this time; he has also heard that counsel of his own choice will be here, whom he will, of course prefer; he asks only for a delay of two or three days, and to me it seems but a reasonable request, and I hope the Court will grant it. Hunter said he did not think it the duty of the prosecutor for the commonwealth, or for one occupying that position, to oppose anything justice required, or to object to an - thing that involved a simple consideration of humanity, yet in regard to delaying the trial of Brown one or two days, they deemed it their duty that the Court, before determining the matter, should be put in possession of the facts and circumstances. His own opinion was that it was not proper to delay the trial one day. He alluded in general terms to the condition of things with which they are surrounded, being such as to render it dangerous, to say nothing of the exceeding pressure upon the physical resources of the community growing out of the circumstances connected with the affair for which the prisoners are to be tried, and that our law in making special provision for allowing a briefer time than usual in case of conviction, for such offenders, within the discretion of the Court, between condemnation and execution, evidently indicates indirectly the necessity for acting promptly and decisively, though always justly, in proceedings of this kind. Charleston, Oct. 27. The Court finally refused to postpone the trial, and the whole afternoon was occupied in obtaining a jury. Brown occupies a cot on which he was carried into the Court room. Mr. Botts read the following dispatch, received this morning: “Akron, Ohio, Oct. 2G. “7b 7’. J. Faulkmer and Laicsan Hotts, Charleston, Va.: John Brown, leader of the insurrection at Harper’s Ferry, and several of his family, have resided in this county for several years. Insanity is hereditary in that family. His mother’s sister died with it, and a daughter of that sister has been two years in the Lunatic Asylum. A son and daughter of his mother’s brother have also been confined in the Lunatic Asylum, and another son of that brother is now insane and under close restraint. These facts can be conclusively proven by witnesses residing here, who will doubtless attend the trial if desired A. H. Lewis.” Brown desired his counsel to say that he does not put in any plea of insanity, and if he has been at all insane he is totally unconscious of it. He adds that those who are insane generally suppose that they have more reason and sanity than those who are around

them; for himself he disdains to put in that plea, and seeks no immunity of that kind. Charleston, Oct. 28. George 11. Hoyt, Esq., of Boston, arrived this morning to act as counsel for Brown; he is quite a young man. Brown was led over from the jail walking very feebly, and laid down on the cot. [Here the testimony for the prosecution was introduced, but as it was the same as that before the examining magistrates, we omit it.] Tim defense Called Joseph A. Brewer, who testified that he was olie of the. persons in the engine house with Col. Washington and others. Brown remarked that the prisoners should share their danger. They were allowed to shelter themselves as well as they could. Cross went out with a flag of truce and another person went out and came back wounded. Stephens and Kitzmiller were out, and Stephens was shot; afterward it commenced raining very hard; I supposed Stephens was dead; he lay near the corner of the depot; heard groaning, and saw Stephens moving; asked Brown to send a man to relieve Stephens, but he refused to send one because he would be shot. The witness was allowed to go and assist Stephens into the hotel; witness returned according to his pledge to the engine house, and was sent several times by Brown to request the citizens not to shoot, as the lives of prisoners were in danger. Negotiations were going on between Brown and the prisoners before the general firing commenced. Brown proposed that he should retain possession of what he held, including the armory and the negroes: Washington and all seemed to acquiesce in the arrangement; Cross was sent out to confer with Beckham and others on the subject; a guard went with him, who were fired on; after that Stephens wanted to-shoot, but Kitzmiller appealed to him and they went out together to stop the firing; when they did not return Brown seemed to show temper, and there wad a change in the arrangements after that; Brown said he had it in his power to destroy that place in half an hour, but he would not do it unless resisted; think a shot from the water tank struck Coppee; he then returned the fire and some one said: “That’ man is down.” 'The special object of the witness going out was to stop the firing from the tank, which was annoying to those in the guard house. A. M. Kitzmiller sworn—l made repeated endeavors to arrange matters with Brown; he said his object, was to fight the pro-slave-ry men. I was at first surprised, then indignant, and finally disgusted with Brown; he said t > me, “there is a company of riflemen on the bridge, get them to go in company with Stephens.” To Hunter—Told them I was sorry they did leave their guns: Stephens remarked that that would not do. I had no flag, and did not consider mvself the bearer of a flag o< truce as I was desired. As to the rifle company on the bridge, I saw they were ourown men; I waived my hand to Stephens and the other men to remain; 1 soon heard firing very close; Stephens fired in reply to a shot which struck him from the side ol Winchester bridge. Charleston, Oct. 29. During the afternoon proceedings of yesterday, in the trial of Brown, several witnesses were culled for the defense, UTitl not answering, Mr. Brown here arose from his mattress, and evidently excited, standing on his feet, addressed the Court as follows: “May it please the Court, I discover that notwithstanding all the assertions that I have received of a fair trial, nothing like a fair trial is to be given me, as it would seem, I gave the mimes as soon as 1 could get a* them of the persons 1 wished to have called as witnesses, and was answered that they should be subpenaed; I wrote down'a memorandum to that effect, saying where the parties tvere, but it appears that they- have not been subpenaed, so far as I can learn; and now I ask if I am to have anything at all deserving the name and shadow of a fair trial! I ask that this proceeding be deferred until to-morrow morning, for I have heretofore stated on whom I can feel that I can rely; but I am in hopes that counsel may arrive who will attend to seeingthat I get the witnesses who are necessary for my defense. I have given all the attention I possibly could to it, but am unable—to see or know about them. I can’t even find out their names, and I have nobody to doc anything, for my money was all taken from me when I was sacked and stabbed ami I have not a dollar. I had two hundred and fifty or sixty dollars in gold and silver taken from my pocket, and now I have no possible means of getting anybody to go my errands for me, and they have not been done, nor have all the witnesses been subpenaed; they are not within reach, and are not here. I ask at leas 4; until to-morrow morning, to have something done, if anything is designed, it not I am ready for anything that may come up.”. Brown then lay down again, drawing the blanket over him, and appeared to sink into a tranquil slumber. Mr. Hoyt, Brown’s counsel, from Boston, asked for an adjournment t,l 1 morning, on the ground that Judge Tilden would probably arrive during the night, and be able to appear as counsel. He excused himself from conducting the defense, because he was unacquainted with the Virginia criminal code. After further conversation petween counsel, Mr. Green arose to state that both Mr. Botts and himself will now withdraw from the case, and could no longer act in behalf of the prisoner, he having declared he had no confidence in the counsel assigned him, “and, after this statement of his, I should feel myself an intiuder in this ease were I to act for him from this time forward. 1 had not the disposition to undertake the defense, but accepted the duty imposed on me, and do not think, under the circumstances, that the Court can insist on my remaining in so unwelcome a position.” The Court would not compel the gentlemen to remain in the case, and accordingly granted their request. The proceedings at tHs point were postponed and the Court adjourned. Great excitement prevailed in the town, and the guard has been increased—£he conduct of Brown being regarded as a trick. The Court met al ten o’clock this morn ing. The Judge announced he had received a note from the new counsel of the prisoner requesting a delay of a lew minutes to enable him to have a brief interview with the

prisoner. He would accordingly wait a few minutes. Soon after Brown was brought in and took his usual recumbent position in be’d. Samuel Chilten, of Washington City, appeared as additional counsel for the prisoner, Mr. Chilton made an explanatory statement. He was unexpectedly called upon yesterday to aid in this defense. He came with the expectation of merely assisting the gentlemen who were conducting I he defense, but upon reaching here he. found they had withdrawn from the case. He then determined to do his best, not feeling willing to refuse tinder the eircu instances. However, it would be impossible for him to discharge the full duty of counsel, not having time to read the indictment or examine the evidence already given. He made no motion, but would advise a delay of a few 3 hours in order that himself and that his brother counsel could make some preparation. The Court decided that the trial must go on. No more delays could be granted. Mr. Hoyt objected to receiving -s evidence’ the letter of Gerritt Smith heretofore published, also the autobiography of Brown,written by himself. Both were withdrawn. Several witnesses-were then examined by Mr. Hoyt and cross questioned by the prisoner, while lying in his bed wrapped up in a blanket. The testimony was principally relative to Brown’s kind treatment of h sprisoners, all proving that Brown had treated them with humanity, ,a»d frequently expressed his regret that bloodshed should have: been caused by him in sejf defense. The defense closed their testimony and the State desired to give the case to the jury without argument. Captain Brow n insisted that his counsel should argue the case. After the opening speech for the State, the Court adj turned till Monday morning, when the counsel for the prisoner will proceed. Charleston, Va., Oct. 31. The Court met at nine o’clock this morning. The prisoner was brought in, and the trial proceeded w it bout delay. Brown loaks better than heretofore, ami his health is evidently improving; he laid on his bed asusual. The Court House and its approaches were densely crowded. Mr. Griswold opened for the defense, taking up the several charges of the indictment, replying to the points mad? in theopening argument of the prosecution. He alluded to the peculiar circumstances surrounding ihe present case, and hoped thejury would give it a calm and dispassionate attention, divesting their minds from all prejudice,' and disregardingoutside influenceLet the prisoner have an impartial trial under the laws of Vir.ini.a, and let’film be acquitted or convicted according to those laws and the evidence given in the case, without leg.ard to the charge of treason brought against the prisoner. Mr. (.’hi i ton followed at considerable length on the charge of treason. arguing that as the prisoner was not a citizen ol the St at a of Virg’nia, and had never sworn allegiance to thi t Com mo •! weal. h, he could hot be leu ml guilty of treason. Mr. Hunter closed the argument for the proseci.t ion.