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

              

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fidence in them. No obstacle had at any time been thrown in the way of the prisoner's having an ample defence. If this was the only case of the kind before the Court, he would at once grant the request, but several similar cases remain to be disposed of. This term will very soon end, and it was his duty to endeavor to get through with all the cases if possible, in justice to the prisoners, and in justice to the State. The trial must, therefore, proceed. 

Mr. Hoyt remarked that yesterday various papers in Court, which were identified, for what purpose he knew not, but presumed he should be informed, some as being in Capt. Brown's handwriting, and some as bearing his indorsement. He had hastily examined those papers, and wished to object to some of them. The learned gentlemen associated with him in the trial had not examined them, but he supposed the Court would not regard that as material under the present ruling. 

Mr. Hunter, interrupting—There is no need of argument about the matter. Designate those you wish to object to. 

Mr. Hoyt—I desire to know the object of the counsel in introducing those papers. 

Mr. Hunter—The papers will speak for themselves. If you will designate which of them you object to, we will go on at once. 

Mr. Hoyt—I object to the autobiography of Capt. Brown, as having no bearing on thin case. 

Mr. Hunter—I withdraw it. 

Mr. Hoyt—I object to the letter of Gerrit Smith. 

Mr. Hunter—I withdraw that, too. 

Mr. Hoyt—I handed to the clerk, last night, a list of names we wished summoned as witnesses—Samuel Strider, Henry Ault, Benjamin Mills, John E. P. Dangerfield, and Capt. Simms. I got a despatch just now, informing me that Capt. Simms had gone to Frederick, and would return in the first train this morning, and come on to Charlestown this afternoon. I should like to inquire whether the process had reached Capt. Simms at Harper's Ferry ? 

Sheriff Campbell replied that the officer stated that Capt. Simms had gone to Frederick. 

Mr. Hunter—He was here yesterday. I hope we will proceed with some other witnesses. 

John P. Dangerfield was called, and testified that he was an officer of the Armory. He was a prisoner in the hands of Captain Brown, at the engine-house. Negotiations were going on for the release of all the prisoners before the firing commenced. About a dozen black men were there, armed with pieces which they carried most awkwardly and unwillingly. During the firing, they were lying about asleep, some of them having crawled under the engines. Witness was free to say, that from the treatment of Captain Brown, he had no personal fear of him or his men during his confinement. Saw one of the men shot in the engine-house. He fell back, exclaiming, "It's all up with me," and died in a few moments. This man, he learned, was one of Capt. Brown's sons. Saw another young man, who came in wounded, and commenced to vomit blood. He was also a son of Captain Brown, and was wounded while out with Mr. Kitzmiller. Prisoner frequently complained that his men were shot down while carrying a flag of truce. 

Mr. Hunter complained that they were going over again the same facts that were elicited ; and all this was freely admitted by the defence. 

Mr. Hoyt said that he regarded it as the only feasible line of defence to prove these facts. It was the duty of counsel to show, if possible, that Capt. Brown was not guilty of treason, murder, or insurrection, according to the terms of this indictment. We hope to prove the absence of malicious intention. 

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

Mr. Hoyt would remind the Court that the course being pursued was not only in accordance with their conviction of duty, but in accordance with the express commands of their client. 

The Court remarked that the counsel was responsible to the Court to conduct the case according to the rules of practice. 

Mr. Hoyt thought the language of the prosecution was calculated to impugn the honor of the counsel for the prisoner. 

Mr. Hunter—Nothing of the kind was intended. It is presumed the gentlemen will conduct the case in accordance with their duty as counsel, and their responsibility to the Court.