The life, trial and execution of Captain John Brown: known as "old Brown of Ossawatomie," with a full account of the attempted insurrrection at Harper's Ferry

              63 

be proceeded with on account of the advantage thereby accruing to the trial of the others. 

Mr. Green remarked that he had had no opportunity of consulting with the prisoner or preparing a defence. The letters for Northern counsel had been sent off, but not sufficient time has been afforded to receive answers. Under the circumstances, he thought a short delay desirable. 

Mr. Botts added that at present the excitement was so great as perhaps to deter Northern counsel from coming out; but now that it had been promised that the prisoners should have a fair and impartial trial, he presumed that they would come and take part in the case. 

The Court stated that if physical inability were shown, a reasonable delay must be granted. As to the expectation of other counsel, that did not constitute a sufficient cause for delay, as there was no certainty about their coming. Under the circumstances in which the prisoners were situated, it was rational that they should seek delay. The brief period remaining before the close of the term of the Court, rendered it necessary to proceed as expeditiously as practicable, and to be cautious about granting delays, He would request the physician who had attended Brown to testify to as his condition. 

Dr. Mason thought Brown was able to go on understandingly with the trial. He did not think his wounds were such as to affect his mind or recollection. He had always conversed freely and intelligibly about this affair. He had heard him complain of debility, but not of hardness of hearing. 

Mr. Cockerel, one of the guards of the jail, said that Brown had always been ready to converse freely. 

The Court refused to postone the trial, and the whole afternoon was occupied in obtain ing a jury for the trial of Brown, who was brought into court on a cot. 

Afternoon Session, 2 o'clock. 

The jailer was ordered to bring Brown into court. He found him in bed, from which he declared himself unable to rise. He was accordingly brought into court on a cot, which was set down within the bar. The prisoner laid most of the time with his eyes closed, and the counterpane drawn up close to his chin. The jury were then called and sworn. The jurors were questioned as to having formed or expressed any opinion that would prevent their deciding the case impartially on the merits of the testimony. The Court excluded those who were present at Harper's Ferry during the insurrection and saw the prisoners perpetrating the act for which they are about to be tried. They were all from distant parts of the country, mostly farmers—some of them owning a few slaves, and others none. The examination was continued until 24 were decided by the Court and counsel to be competent jurors. Out of these 24, the counsel for the prisoner had a right to strike off eight, and then twelve are drawn by ballot out of the remaining sixteen. The following were the questions put to the jurors: 

Were you at Harper's Ferry on Monday or Tuesday ? 

How long did you remain there? 

Did you witness any of the proceedings for which this party is to be tried ? 

Did you form or express any opinion from what you saw there with regard to the guilt of innocence of these people ? 

Would that opinion disqualify you from giving these men a fair trial 5 

Did you hear any of the evidence in this case before the Examining Court? 

What was your opinion based on? 

Was it a decided one, or was it one which would yield to evidence, if the evidence was different from what you supposed? 

Are you sure that you can try this case impartially from the evidence alone, without reference to anything you have heard or seen of this transaction? 

Have you any conscientious scruples against convicting a party of an offence to which the law assigns the punishment of depth, merely because that is the penalty assigned?