Page:The Green Bag (1889–1914), Volume 11.pdf/192

 The Trial of John Brown.

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and John W. McGinnis, a constable, and did not care for the mockery of a trial, upon the admission and confession of the the court could save itself the time and ex prisoners, to wit: John Brown, Aaron C. pense of a mere form. The court explained Stephens, Edwin Coppie, white men, and that this was only a preliminary examina Shields Green and John Copeland, free tion and could not await the arrival of coun sel from the North. The court appointed negroes. At the same time a warrant was issued to Hon. Charles J. Faulkner and Lawson Botts, the sheriff to summons at least eight justices Esq., to represent the prisoners. They were gentlemen of eminent standing of the county to meet at the court-house on and ability, who the twenty-fifth day pledged themselves of October, to hold faithfully to represent a courtforthe further the cause of the pris examination of the oners and secure prisoners as to the them a fair examin offenses with which ation. The witnesses they stood charged. examined were the This court, it may be citizens captured by remembered, which consisted of not less Brown's party, citi than five justices of zens ofHarpers Ferry the county, had the and others who saw righttoacquitaparty the operations of the charged with a crim insurgents. inal offense, but not Counsel for the the right to convict. prisoners subjected If of the opinion that the witnesses to a the party ought not rigid cross-examina to be acquitted, it tion, and threw every became their duty impediment in the to send the case on way of the prosecu to the circuit court, tion it was possible as a court of oyer to do, under the law and terminer. and rules of practice. JUDGE RICHARD PARKEk. Pursuant to sum The examination mons, the court of being concluded, the justices met on the twenty-fifth day of Oc prisoners were remanded for trial before the tober, and immediately entered upon the circuit court. examination of Brown and his associates The upholders and apologists of Brown upon the commitment, which was for trea have repeatedly charged that his trial was a son and murder. Upon inquiry of the mere formality, and that the temper of the court it was ascertained that the prisoners people of Virginia was such that he was had no counsel. Here Brown arose and practically condemned before his cause was addressed the court to the effect that he heard. had been promised a fair trial, but he did In this connection it will be interesting not believe he would have it. He had to give in full the charge of Judge Rich no counsel, but if allowed time would ard Parker of the circuit court of Jef have counsel of his own choosing. He ferson county to the grand jury. Nothing