Page:Southern Historical Society Papers volume 16.djvu/365

 Trial of John Proton. 359

ration that has come on the stage since the terrible events we have briefly sketched that there lived in that time a good, great, but unam- bitious man a lawyer in every sense of the word, and therefore a good man, for no man can be a thorough and conscientious lawyer without being a good man. This man was Andrew Hunter, of Charlestown, who was designated by Governor Wise to conduct the prosecution.

As is customary in all communities, when a crime is alleged, the accused is brought before an examining court, whose duty it is to hear evidence, and if a i>rima facie case is made out and a felony charged, the prisoner is remanded for investigation by the grand jury. Consequently, on October 25th, 1859, a court consisting of eight magistrates was assembled, and, after hearing evidence, committed Brown and the other prisoners to jail to await the action of the grand jury. On this examination Hon. Charles J. Faulkner a dis- tinguished citizen and member of Congress, appeared for the accused, with Mr. Lawson Bolts, both being assigned by the court.

Hon. Richard Parker presided as judge of the Circuit Court, and considering the condition of public feeling at the time and the degree of apprehension pervading all classes, his charge to the grand jury is a masterpiece of calmness and moderation. He admonished them that prejudice and animosities were to find no abiding place in their councils; that they were to inquire and ascertain if crime had -been committed, and if so, by whom committed, and so present. Alluding to Brown and his confederates he said, " As I before said, those men are now in the hands of justice. They are to have a fair and impartial trial. We owe it to the cause of justice as well as to our own characters that such a trial should be afforded them."

The grand jury returned an indictment contain! ngfour counts, for:

1. Treason.

2. Insurrection and inviting slaves to insurrection.

3. Murder.

4. Murder, with John Copeland as accessory. This indictment embraced all of Brown's confederates who were captured with him.

On the 27th of October, 1859, the case was moved for trial, the Commonwealth being represented by Messrs. Harding and Hunter, and the defense by Messrs. Bolts and Green. An ineffectual effort was made on the part of the defense for delay, and the trial pro- ceeded. Of course a full account of the evidence and argument of counsel cannot be expected in this article. Mr. Harding, the junior counsel for the State, opened on the law and was followed by Mr. Botts, and he by Mr. Hunter, who stated his purpose to avoid at