The New York Herald Newspaper, October 31, 1859, Page 1

VHOLE WO. 8456. RRIVAL OF THE NOVA SCOTIAN, eresting News from Europe, China, India and Japan. PEACE BECOTIATIONS AT ZURICH. Italian Question Referred to an European Congress. Bngland and Rome. CB BETWEEN SPAIN AND MOROCCO, Reception of Minister Ward at Pekin. Japan Currency Question Still Un- settled. ATE OF THE MARKETS, ae. kes &e. steamsbip Nova Scotian, which left Liverpool at 11 of the 19th inst., passod Father Point at 6:30 A. M. irday forenoon. pinct councils and meetings of Ministers wore being ntly held in London, in reference, it was presumed, Ttalian question. Pp Stock Exchange had been buoyant at daily im- ing prices. Money was easy and the supply very P Great Eastern continued at Holyhead. Prince Albert | Jd her on the 17th, during the sojourn of the royal | ly at Bangor, but the Queen did not go. It had been ed that the vessel would sail for Portland, Me., on out the 28th October, but itis semi-officially an- ed that the directors had not come toany decision. leting was to be held on the 19th, and it was thought inal arrangements would then be made. } London Times correspondent on board strongly ad- 8 the postponement of the Atlantic trip till spring, count of the imperfect preparations and tho conse- risk of failure. Prince of Wales had commenced his college sta- Oxford. p Earl of Westmoreland is dead. French war steamer Dauphin, which conveyed e Napoleon to Holyhead to see the Great Eastern, pd at Liverpool on the 19th inst. steamship Arabia, from Boston and Halifax, ar- KE , a at Liverpool at 2:30 P. of the 15th. THE CRISIS IN ITALY. UH OFFICIAL ANNOUNCEMENT OF THE FRANCO- |AN TREATY—THE GENERAL CONGRESS AND OONSTITUTION—ENGLAND FOR INDEPENDENCE CENTRAL ITALY—VICTOR EMANUEL IN GENOA, Paris Monileur officially announces that on the 17th a of peace was signed at Zurich between France and erring to the contemplate] European Congress, the correspondent of the London Times states that Bentatives of eleven Powers will meet—viz: The five Powers, and Sardinia, Spain, Sweden, Portugal, Na- nd Rome. London Post says that preliminary negotiations for Lress are only going on, it being much easier to plan bress than to complete the necessary preliminaries. nd is pledged to enter no Congress unless the inde- ce and free action of Central Italy are previously un- to be guaranteed. It is understood that the ques- the Lombard debt was left to the arbitration of tho the Belgians. latest advices from Paris, dated the 18th inst., read It is agserted that the second treaty of peace will ned to morrow, te decision of the King of the Bel- n the debt of Tombardy having reached Zurich. London Post ‘has a despatch from Paris, dat- the night of the 10th, stating that three distinct Iments will be signed at Zurich; the treaty be- France and Sardinia will be signed in a day or two; partite treaty will be signed subsequently. London Times of the 19th states that the terms of rich treaty are almost identical with those agreed yillafranca, and that peace, as one of the questions disquieted Italy and Europe, seems settled. London Post says, that assuming its information to rect, the further proposals concerning the questions n, which it i intended to submit to the approval Congress, are ef such a nature that the diplomatists ich have only heaped up materials of fresh diffl- England can and will take no part in any Con- pt which the first principle be not the recognition right of the Romagneses and Tuscans, no less than the ssc and Parmean States, to self-government. The hnnon shot fired to force on the people of the Ro- , Modena, and Tuscany any other rulers than the Prince in whom they so fondly put their trust, will signal of a conflict as deadly as the one just brought jose. King of Sardinia bad visited Genoa amidst much hiasm. While there he received the dowager Em- of Russia. official Piedmontese Gazette states, that on a repro- mn made by Sardinia, Austria had suspended the at Bocca d’Orfo, and had notified her that the mines blown up by mistake, expressing at the same timo at the occurrence. y fresh arrests were made at Parma, om account of o assassination. Tranquillity prevailed. ymmittee at Milan had been making attempts to re- nive Venctia and the Southern Tyrol, and these to weaken the hold of Austrig had not been entirely es. Sardinian government was soriously considering pediency of fortifying Brescia, Lonata and Cremona. Swiss Fedora! Council had bought the Austrian rs on the Lago Maggiore. report that Naples has promised military assistance ne ig discredited, as the King of Naples fears the in- of his own territory. volutionary committee at Ferrara was giving the ans great annoyance, It was formed for the par- f assisting Venctians to join the national army. said that the Pope, acting in concert with the Em- Napoleon, will address a manifesto to tho States Chureh, Neapolitan corps d'armée on the frontiers was oon- y increasing, and will amount to thirty thousand Great activity prevailed in the arsenals, and the army was gradually being placed on a war footing. jtter from Florence details the grounds on which tho piur of the American Consul of Leghorn, Mr. Josoph was withdrawn. It is asserted that he busied if greatly for the reatoration of the dethroned g, of whom he was a warm partisan. Binda is di- taxed with haying recommended certain republi- o proclaim a republic, while at the same timo ho erting himself for the princes; and the inference is e sought to raise @ pretext for armed intervention. FRANCE. }CULARS OF NAPOLEON'S MONEY CLAIM ON SAR- ;A—-A CHANGE IN THE CABINET EXPRCTRD—SPE- report that France claims throo hundred million as indemnity for the war from Piedmont is pro- 4 unfounded. The French government having to Piedmont, both before and during the the extent of 60,000,900 francs, in arms, provisions pey, now claims only a reimbursement of that sun. rts wore again current of a probable change in the y. Thewesirement of Waloweki and the Duke of was considered lecly. Sardinian Miséeter of the Exterior, General Debor- ‘ag on a mission to Paris, dnd bad interviews with hperor and Walewsk! ‘Admiral Dupuy had left Paris for London on a mission. 5 aid that the Minieter of Pobe Tostraction had had stormy interviews with some of the ulffamontane prelates. 1’ Univers complains of having to cease publishing the circulars of Bishops, and bopes the injunotion will goon be removed, It was reported that the Archbishop of Bordeaux would soon visit Rome, at the desire of the Emperor, 0 press ‘upon the Pope the necessity for reform. ‘The Moniteur de la Flotte explains that the French fleet will be sent to Morocco on account ef the attitude assumed by England toward Spain, the Engtigh fleet probably being intended to counterbalance its operations, ‘The Paris Patric contradicts the statement, that the Sal- tan had ordered tho suspension of the works on the Suez canal, but it is uevertheless asserted that the works had been entirely discontinued. It i ageerted that France will only recall her forces from Rome when the form of government there renders their presence no longer necessary. Le Nord says, that the deputations of Parma and Tus- cany had interviews with Napoleon on the 16th, and that the result was satisfactory, but the details are not given. ‘The Paris flour market had been heavy, but closed firmer with a better demand. Wheat had slightly de- The Paria Bourse had been firm at an improvement, Dut closed flat and inactive on the 18th at 69f. 76c. for rents. SPAIN. It ig said that Spain has conceded further delay to Mo- rocco. ‘The Spanish Cortez had approved the bill for increasing the strength of the army to 100,000 men, with full power t increase the number by 60,000 more if necessary. ‘Morocco had offered satisfaction to Spain, but without replying to the ultimatum. A Madrid despatch of the 17th gays the government had declared to the Cortes that before the time granted to Mo- rocco had expired, it received information that Morocco would give the gatisfaction demanded. Spain immediately demanded from Morocco that peaco shall not be dis- turbed for the future. An immediate answer was expect- ed from Moracco. PRUSSIA. ‘The Emperor of Russia and the Prince Regent of Prussia were expected to have a meeting at Breslau, Oct. 22 A grand military parade would take place. AUSTRIA. It was reported that the Emperor of Austria wiil pro- coved to the frontiers of Prussia and Poland, there to meet ‘the Emperor of Russia. INDIA AND CHINA. ‘The India and China mails ,irom Calcutta Sept. 9, and Hong Kong August 24, had reached England. The news is mainly anticipated by telegraph, but the letters give ad- ditional details. Mr. Ward, the American Minister, was courteously re- ceived at Pekin. The news of his arrival at Pekin was brought to Shanghae by a Russian gunboat, but no letters were received from him. It was reported that he would be at Shanghae about the end of August, and that he ex- pected to be able to send home the ratified treaty by the following mail, The London Times correspondent regards the of Mr. Ward as a most politic stroke of the Pekin Cabinet, but it doce not at all remove the treachery to the British Minister. The Friend of China says that, as the American treaty gives the United States liberty to tender their good offices in any difficulty with the Western Powers, Mr. Ward will soon have an opportunity of testing the virtues of this clause. General Mourayietf, Governor of the Russian territo- ries on tho river Amoor, had arrived at the Petho, and special messengers were sent to Pekin to acquaint the Russian Minister. The Russians, apparently, had a per- fect understanding with the Chinese. Order was re-established at Shanghae. ‘Three British officers, who lost their vessels at the Peiho, had been tried by court martial and acquitted. Later news had been received from India by the Red Sea telegraph. The Bombay mail of September 27 reached Aden October 6. Central India was still unsettled. The frontier districts of Nepaul were occupied by the Nena and his followers. The Waghers were still in insurrec- tion, and a force was to be sent against them. Exchange at Bombay was at 2:37. Importa con- tinued active, but a fall in prices were anticipated. Ex- ports were quict. Freights were without improvement. ‘The authorities at Pekin are represented as ready to re- ceive the British Minister on friendly terms. Meanwhile the Indian government had been applied to for 15,000 troops for China, and ten regiments were uador orders to depart. ‘The steamer Mississippi was at Shanghao, and the Pow- hatan and Toeywan at the Gulf of Pecheli. COCHIN CHINA. The negotiations of the French in Cocain China had made £0 much progress that the French Admiral had sent a re- inforcement of troops and gunboats to Canton. JAPAN. Advices from Japan state that the British Consul had made no progress in respect to the carrency question. The trade consequently was in abeyance. ‘The American sloop-of-war Germantown was at Japan. COMMERCIAL INTELLIGENCE. THE MONEY MARKET. Lonpow, Oct. 19, 1859. The London Daily News city article says the tendency of the stock market is still decidedly to improvement. At one period on the 18th a fresh rise of 1, was obtained. A little dulln ss was occasioned in the afternoon by the con- tinued : usence of response on the Paris Bourse, but con- sule cloged an 3g higher thanon the 17th. The demand for money was moderate. In the open market 2% may be considered the nearest rate for the best bills haying three months to run. No bullion operations at the bank. Tho London Times city article says:—The confirma- tion of the news of the signing of the peace treaty at Zu- rich, the settlement of the dispute between Spain and Mo- rooco, and, above all, the continued abundance of capital secking investment, caused the English funds to open on the 18th with increased firmness, and subsequently to ex- perience a further advance. Conscls left off steady at an improvoment of a quarter. ‘There was an increased demand for money on the 18th, ‘and the rate in the open market was fully 2% per cent. ‘The foreign exchanges were generally steady. Tho Bri- tiah railway stocks were firm and advancing, but closed with a slight reaction. ‘The ship Dover Castle, from Melbourne, with gold dust to the amonnt of £332,000, and £100,000 in sovereigns, was off Plymouth last night. Consols closed on the 18th at 9634 a 963 for money and account. Amorican securitics slow of gale, but prices unaltered. Loxvon, Oct. 19—11 A. M. Cousols open at last night’s closing prices. LIVERPOOL COTTON MARKET. ‘There wae no material change in price. Holders wore offering freely, but showed no disposition to press sales. ‘The «ales for Saturday, Monday and Tuceday footed up 24,000 bales, of which speculators took 1,000 and ex- porters 4,000 bales. The only quotations furnished aro the following:—New Orleans middling, 7 1-16d. a 744d. uplands do., 6 11-162. STATE OF TRADE IN MANCHESTER. ‘The advices from Manchester were favorable, the inar- ket closing quiet but steady. LIVERPOOL BREADSTUFPS MARKET. Breadstuffs were tonding downward, Richardson, Spence & Co. quote flour dull but steady at 22s. 6da 27s, per bbl. Wheat dull, with a decline of 1d. a a. on French xorts, American was quoted : rod; 93. 3d. a 98. 64; white, Qs. 94. a 11s. Corn dull, with a decline of 64. on yellow ; white nominally unchanged. LIVERPOOL, PROVISION MARKET. Tho provision market was generally dull. Beef was quiet but steady, Pork dull, Lard firm at 548.2 65s. Bacon dull. Tallow firm ; butchers, 598. on the spot. LIVERPOOL PRODUCH MARKET. Avhes quiet. Pots, 27, 64.; pearls, 278. 9d.. Sugar steady. Rice steady. Colloe quiet, Rosin steadyecom- mon 48. 24. Spirite of turpentine dull at 23. 6d. a 368. LONDON MARKETS, Breadstoris were dull and unchanged in prices. Sugar firm. Coffee quiet. Rice firm. "Tallow qnict at 698, 64. a 59,90. Tinseod ofl, 28s. Pig tron steady at 528. HARPER'S FERRY OUTBREAK. | aot THE The Trial ef John Brown, Charged with Con- spiracy, Treason and Murder, CONCLUSION OF THE EVIDENCE. SUMMING UP FOR THE PROSECUTION. Interesting Interview Between Old Brown and the Virginia Soldiers. Official Reports of the Fight at Zarper’s Ferry. Sermons Yesterday on the ‘‘Irrepressible Conflict,” dee, Ber ka. THE FOURTH DAY’S PROCEEDINGS. . Gurumstown, Va., Oct. 29,1850 ‘The Court mot at ten o’clock. ‘The Jupox announced that he had received a note from the new counsel of the prigoner, requesting a dolay for a few minutes, to enable them to have an interview with the prieoner. He would accordingly wait a short time. Soon afterwards Brown was brought in, and took his ‘usual recumbent position in bed. Samuel Chilton, of Washington city, appeared ag addi- tional counsel for the prisoner, and was qualified. Henry Griswold, of Cleveland, Ohio, was introduced to the Court as counsel for the prisoner, and qualified. ‘Mr. Camron thought it due to himself to make an ex- planatory statement before the trial proceeded. Yester- day be was very unexpectedly called upon to come here, and aid in the defence of the prisoner. Knowing from the newspapers that the trial was in progress, he took time to consider and consult his friends as to the propriety of accepting the propo- sition. He would “have had no hesitation if he had been spoken to in time, but his friends advised him to come, and he did so with the expectation of merely assisting the gentlemen already conducting the defence, Upon reaching here he found that they had withdrawn from the case, and he then hesitated about undertaking it; but opon consultation with the prisoner and his friends here, they insisted he should do 60, and he would do tho best he could, not feeling at Nberty under the circum- stances to refuse. These circumstances, however, would render it imporsible for him to discharge the full duty of counsel, not having had time to read the indictment or examination already given. He made no motion for delay; this was a matter entirely within the discretion of ‘the Court, and if the Judge thought proper to refuse to grant any postponement, he knew it would be done under a sense of duty. Those extraordinary circumstances would also render it impossible for his associate, Mr. Griswold, to diechargo his full duty as counsel. A short delay of a few hours, if the Cour, thought proper to grant it, would enable them to make some preparation. ‘The Cour decided that the trial must go on. Counsel had been assigned to the prizoner here of his own selec- tion, who had labored zealously in his behalf, and had withdrawn because the prisoner had yesterday evening declared in open court that he had no confidence 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 this 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 hie 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. Hovr remarked that yesterday the attorney for the Commonwealth produced various papers in court, which were identified, for what purpose he knev not, but pre- sumed he should be informed; some as being in Captain Brown’s bandwriting, and some as bearing his endorze- ment. He had hastily examined those papers and wished to object to some of them, The learned gentloman asso ciated with him on the trial had not examiued them, bu he supposed the Court would not regard that as material under the present ruling. ‘Mr. Hoyrer (interrupting)—There is no need of argu- ment about the matter. Designate those you wish to ob ect t6. Mr. Hoyt—I desire to know the object of the counsel in introducing those papers. Mr. Huxrer—The papers will speak for thomselyos, If you will designate which of them you object to, we will go on at once. Mr. Hoyt—I object to the autobiography of Captain Brown, as having no bearing on this case. Mr. Honter—I withdraw it. Mr. Hoyt—I object to the letter of Gerrit Smith. Mr. Huyter—I withdraw that too. Mr. Hoyr—I handed to the Clerk last night a lst of names we wished summoned as witnesses, Samuel Strider, Henry Ault, Benjamin Mills, John £. P. Dangerfield and Captain Simms. I gota despatch just now informing me that Captain Simms had gone to Fredorick, and would re- turn in the first train this morning, and come on to Charles- town this afternoon. I should like to inquire whether the process bad reacbed Captain Simms at Harper's Forry? Sheriff Carnust replied that the officer stated that Cap- tain Simms had gone to Frederick. Mr. Hunrer—He was here yesterday. I hope we will proceed with some other witnesscs. Jonn E. P. Daxoxrvretp was called, and testified that he ‘was an officer of the Armory; he wasa prigoner 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 pikes, which they carried most awk- wardly and unwillingly; during the firing they were ly- ing 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 tho 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 Captain Brown’s sons; saw another yourg man, who came in wounded, and commenced to vomit blood; he was also a gon of Captain Brown, and was wounded whilst out with Mr. Kitzmiller; the prisoner fre- quently complained that his men wore shot dowa whilst 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 prosecution. Mr. Hoyr said that he regarded itas the only feasible line of defence to prove these facts. It was the duty of counsel to chow, if possible, that Captain Brown was not guilty of treason, murder or insurrection, according to the terms of this indictment. We hope to prove the ab- sence of malicious intention. Mr. Hunrse was frank to admit that he could not but regard this course as merely calculated to waste time. Mr. Hoyr would remind the Court that the course be- ing pursued was not only in accordance with their con- viction of duty, but in accordance with the expross com- mands of their client. Tho Court remarked that the counsel was responsible to the Court to conduc! the case according to the rules of practice. Mr. Hovt thought the language of the prosecution was €aleulated to impngn the honor of tho counsel for the pri- soner. Mr. Huxten—Nothing of the kind was intended. It is presumed the gentlemen will conduct the case In acoord with their duty as counsel and thelr responsibility to the Court. Mr. DANGsRFIRLD, reeumed—Llearl some conversation by Captain Brown as to having it in his power to lay the town in ashes, and carrying off the womon and children, ‘but that he had refrained from go doing; heard him make ‘no threats that he would do #0; the only threat I heard from him was at the commencoment of the storming of the engine house; hoe then said that we must all take equal shares with him—that we could no longer monopo- lize the places of safety; he, however, made no attempt to deprive us of the places we bad taken; Brown pro- mised safety to all descriptions of property except slave property; at the time of the assault by the ma- rines, one of tho men cried out for quarter; he had heard the samo man, in a conversation with Brown during the night, ask him if he was commit- ting treason against hig country in resisting the marines, to which Brown replied that he was; the man then said, /U fight no longer;” that he thought be was merely fighting to Nberate the slaves; after the attack was made. ‘on the engine house, two of Brown’s mon oried for quar- ter and laid down their arms; but after the marines burst open the door, they picked them up again and renewed tho fight; after the first attack, Capt. Prown cried oat to sor- render, but he was not heard; didnot see him fire aftor- wards; saw Coppee attempt to fire twice, but the caps ex- ploded; witness saw Brown wouwdled on the hip by @ thrust from a sabre, and gevoral eabre cuts on the head; when the latter wounds were given, Capt. Brown appeared to be shielding bimeelf, with bis head down, but making no resistance; tho parties outeide appeared to be firing as pe mg master armorer, sworn.—Witness was one of the hostages of Capt. Brown, confined m the en- gine house; before the general firing commenced, mogotia- tions were pending for tho release of the prisoners; a paper was drawn up em>racing certain terms, and borne by Mr. Brua to the citivens outside; the terms were not agreed to; the last time Mr, Broa was out there was severe firing, which I suppose prevented his retarn; Brown’s son went out with a flag of truce, aud was shot; he came back wounded; the prisoner attended him and gave him water; heard Brown frequently complain that the citizens had acted in a barbarous manner; he did not appear to have any malicious feeling; be undoubtedly seemed to expect reinforcements; said it would goon be night, and be would have more assistance; his intentions were to shoot nobody unless they were carrying or using arms; “if you do, let them have #.”’ This was while the firing was going on— Captain Brown here asked the witness whether he saw any firing on bis part which was not purely defensive. Wrrxese—It might be considered in that light, perhaps; the balls came into the engine house pretty thick. Question by Carnsr1—Did you not frequently go to the door of the engine house? ‘Wrrgss—No, indeed. (Laughter.) A general colloquy ensued between the prisoner, lying on his cot, and the witness as to the part taken by the prisoner in not unnecessarily exposing his hostages to danger. No objection was mare to Brown’s asking these questions in his own way, and interposing verbal cxpla- nations relative to%his conduct. ‘The witness generally corroborated his own version of the circumstances attending the attack on the engine house, but could not testify to all the incidents that he enumerated. He did not hear him eay that he surren- dered. Witness’ wife and daughter were permitted to visit him unmolested, and free verbal communication was allowed with those outaide, We were treated kindly, but were compelled to stay where we did not want to bo, Brown appeared anxious to effact a compromise. Samvuki SyypER, sworn—This witness proceeded to de- tail the whole circumstances of the two days, with whut he saw, what be thought and what he heard. Nothing new was elicited. He confirmed the statement of the other witnesses that Brown endeavored to protect his hostages, and constantly said that he wished to make terms more for their safety than hiz own. Mr. Hoyr, at half-past one o'clock, complained of in- disposition from the heat of the room, and asked that the usual recess for dinner be taken. ‘The court then adjourned for one hour. AFTERNOON SESSION. At half-past two o’clock the court reassembled, and Mr. Griswold, taking his eeat by the side of the prisoner, pre- pared to question the witnesses, and to receive froma him such suggestions in the course of the examination aa he had to make. Capt. SmxN, commander of a volunteer company of Fre- derick, Md., was sworn:—The report came to Frederick that seven hundred and fifty blacks and abolitionists com- bined had seized Harper’s Ferry; witness started for the Ferry with the volunteers, under com- mand of Colonel Shriver, and was glad to find their numbers were exaggerated; after he reached there on Monday afternoon; the door of the engine house was par tially open, aud witness was hailed from there; two shots had been fired from there; witness was hailed and went in he met Dangerfield and others there; Capt. Brown said to witness that he had a proposition to make, to which he listened; he wanted to bo allowed to go over the bridge unmolested, and then we might take him if we could, he had fought Uncle Sam before, and waa willing w dot again; Brown complained that his men had been shot down like dogs while bearing a flag of truce; told him that they must expect to be shot down like dogs if they took op arms in that way; Brown, and said he knew what he had to undergo bofore he came there; he had weighed the rosponsibility and should not shrink from it; he said ho had full possossion of the town, and could have massacred all the inbabitants had he thought proper to do go, but as he had not, be con- sidered himself entitled to some terms; Brown said he bad shot no one who had not carried arms; I told nim that Mayor Beckman had been killed, and that I knew he was altogether unarmed; he seemed sorry to hear of his death, and said, “1 fight only those who fight me;”? wit- ness then told the prisoner he did not think any compromise could be effected; Brown said he kept the hostages for hig own safety; they did not appear to fear any injury from him or his men, but only from attacks from the outside; every man had a gun, and four-fifths were under no com- mand; the military had ceased firing, but men who were intoxicated were firing their guns in the air, and others at the engine house; Brown or any of his men could not have ventured outside the door of the engine house that night without being shot; saw Stephens in the hotel after he had been wounded, and shamed some young men who ‘wore endeavoring to shoot him as he lay in his bed, appa- rently dying; told them that if tho man could stand on his feet, with a pistol in his hand, they wauld all jump out of the window. Capt. Sinn’s testimony was at great length, but little new was elicited. On the conclusion of his testimony Captain Simms stated that he had returned here at the summons of tno prisoner, te testify in his behalf with as great alacrity as he had come to testify against him. He had no sympathy for tho acts of the prisoner; for his movement on the contrary, he would be one of the first to bring him to punishment. But he regarded Captain Brown as a brave man, and, be- jug informed that he wanted him here as a witness, he had returned with pleasure. As a Southern man he came to state the facts about tho case, so that Northern men would have no opportunity of saying thut Ssuthern men were unwilling to appear as witnesses in behalf of one whoee principles they abhor. Isrart Russert sworn—Was the bearer of a flag of truce from Brown’s party to tho citizons of the Ferry. Histes- timony was moroly in corroboration of the facts stated by the previous witness. ‘Tenxncy Borys sworn—Was taken prisoner by Captain Cook and two others; was one of the two hostages con- fiued in the engine house; Brown had fivé or six of his men there; did not give any reason to us why we were put there, except that it was for his own safety; he said he did not think any attack would be made upon tho en- gine houzo whilo the hostages wore there, Here the defence closed their tostimony. ‘witnesses were cross-examined foo the State. Mr. Chilton, for the prisoner, rose and submitted a mo. tion that the prorecution in this case be compelled to elect ‘on the on the indictment and abandon the others. Tho indictment consists of four counts, and is endorsed thue:— ‘An indictment for treason and advising and conspiring and conspiring with elayes and others to rebel,”” and for the charge of treason as in the first, and the second count alleges a charge different from that which is endorsed on the back of the indictment and which is upon record. Tho second count is under the following etatute:-—It no free person advise of conspire with a lave to rebel of make an insurrection, he shall bo punished with death, whether such rebellion or insurrection be made or not. But the second count of the indictment is that these parties whoare charged by tho indictment conspired together with other perzons td'in- duce certain slaves, the property of Mosers. Alstadf and ‘Washington to make rebellion and insurrection. There is a broad distinction between advising and conspiring with slayes to rebel, and conspiring with otbers to induce slaves to rebel. Whether he was to avall himselfof their irregularity by instruction from Court to the jury to disre- gard this second count entirely, or whether it would bo Proper to wait until the conclusion of the trial, and thon movo an arrest of judgment, he left his Honor t decide. He proceeded to argue the motion that the prosecution be compelled to elect one count and abandon the others, quot- ing Archibald’s criminal pleading in support of his view. None of the Prisoner to-meet various and dis¥nct charges in the same trial, From the authority he read it would be seen that, iw a case of treason, difforent deseriptions of treason could not be united in the same indictment—high treason could no be associated with other treason. If an inferior grade of the same character oonld not be included in separate counts, still lees can offences of higher grade, Treasen in this country i¢ bigh treason. ‘Trvasan agaivet tho State Of Virginia-io treason against her sovereignty. We have no other description of treason, because treason can only be committed against sovereignty, whether that of the United States or of a rovereign State. ‘Mr. Hampm could not seo the force of the objectio made by the learned counsel on the other side. In regard to separate offences being charged these were but different parts of the same traneaction. Treason against the gov- ernment is properly made the eudject of one of the counts But we also have a count for murder, for it can hardly be supposed that treason can exist without being followed or accompanied by murder. Murder arose out of this trea- son, and was the natural result ef this bloody conspiracy. Yet, after all the evidence has been given on all these points, the objection is mado that we must confine our- selves to a single one of them, Heo hoped that no such motion would be granted. Mr. Hunrer followed on the same side. He replied to the argument of Mr. Chilton, saying that the diserctioa of the Court compelling the prosecution to elect one count in the indictment is only exercised where great embarrass- ment would otherwise resuit to the prisoner. As applied to this particular case, it involved this point, that, not. withstanding the transaction, as has been disclosed by the evidence, be one transaction, a continued closely con- nected series of acts, which, according to our apprehen- sion of the law of the land, involves the three great offences of treason, conspiring with and ad- vising slaves to mako ineurrection, and the per- petration of murder. Whether in a case of this character, it is right and proper for the Court to put the prosecution upon their election as to one of the three, and bar us from investigation of the two others entirely, although they relate to facts involved in one grand fact. Notwithetanding the multiplicity of duties devo!ving upon the prosecutor and assistant prosecutors, yet we have found time to be guarded and careful in regard to the mode of framing the indictment. It is my work, and I propose to defend it as right aud proper. He then pro- ceeded to quote Chitty’s Criminal Law and Robinson’s practice to prove that the discretion of the Court there spoken of in reference te the furtherance of the great object in view—the attainment of justice. where the prisoner is not cinbarrassed in making his de- fenco, this discretion is not to be exercised by the Court, and no case can be ehown where it has been thus exer- cised where the whole ground of the indictment referred to one and the same transaction. This very case in point would show the absurdity of the principle, if it were as broad as contended for by his learned friend. As to the other point of objection, it was too refined and subtle for his poor intellect. Mr. Cumton responded—In order to ascertain what a party is tried for, we must go to the finding of the Grand Jury. If the Grand Jury return an indictment charging the party with murder, finding a true bill for that, and he should be indicted for manslaughter or any other offence, the Court would net have jurisdiction to try him on that count in the indictment, and the whole queation turns on the construction of the section of the statute whirh has been read, viz., whother or not advising or conspiring with slaves to rebel, is a separate and distinct offence from conspiring with other persons to induce it. The Court said that the difference might perhaps be taken advantage of to move an arrest of judgment; but the Jury had been charged and had been sworn to try the prisoners on the indictment as drawn. The trial must goon, and counsel could afterwards move an arrest of judgment. As to the other objection, the Court made this answer: “The very fact that the offence can be charged in different counte, varying the language and circumstan- ces, is baged upon the idea that distinct offences may be charged in the came indictment. The prisoners are to be tried on the various counts as if they were various transactions. There is no legal objection against charging various crimes in the same indictment. The practice has been to put a party upon election where tho prisoner would be embarrassed in his defence; but that is not the law. In this case these offences charged are all part of the same transaction, and no case is made out for tho court to interfere and put the parties upon an election. Mr. Cumton said he would reserve the motion as a basis for an arrest of judgment, Mx. Grusworn remarked that the position of al! the pre- rent counsel of the prisoner was one of very great em- barrassment. They had no disposition to interfere with the course of practice, but it was the desire of the defend- ant that the case should bo argued. He supposed that counse! could obtain sufficient knowlodge of the evidence previouely taken by reading notes of it. But it was now nearly dark. If it was to be argued at all, he supposed the argument for the commonwealth would probably oc: cupy the attention of the Court until the usual time for adjournment, unless it was the intention to con- tinue with a iate evening session. From what had heretofore transpired he felt a delicacy in making any ro. quest of the Court; but knowing that the case was now ended, except for mere argament, he did not know that it would be asking too much for the Court to adjourn after the opening argument on behalf of tho prosecution. Mr. Hunter would cheerfully bear testimony to the un- exceptionable manner in which the couneel who had just taken his seat had conducted the examination of witnesses to-day. It would afford him very great pleasure in all or- dinary cases to agree to the indulgenco of such a request as the gentleman had just made, and which was entirely natural; but he wi bound to remember and respectfully to ramin the Court that this state of things which places counsel in somewhat embarrassing position in conducting the de- fense, is purely and entirely the act ofthe prisoner. His counsel will not be responsible for it. The Court is not responsible for it, but the unfortunate prisoner is respon- eible for bis own act in dismissing his faithful, skilful, able and zealous counsel on yesterday afternoon. Ho would simply and that not only were the jurors kept away from their families by their delays, but there could not be a female in this coun- ty, who, whether with the good cause or not, was not trembling with anxiety and apprehension. While their beedira d tothe counsel and humanity to the prisoner should have due weight, yet the commonwealth has its rights, the community’ bas its rights, the fury have their rights, and it was for his Honor to weigh these in opposite scales and determine whether we should not go on and bring this case toa close to-night. We had until twelve o'clock to do it in. Mr. Cuxron aid their client desired that they should argue his case. It was impossibic for him to do so now, and he could not allow himself to make an attempt at ar- gument on a case about which ho knew so little. If he ‘wore to get up at all, it would be for the unworthy purposo of wasting time. He had no such design, but haying un- dertaken this man’s cause, he very much desired to com- ply with his wishes. He wonld be the last man in the world to subject the jurors to inconvenience unnecessarily ; ‘but although the prisoner may have been to blame—may have acted foolishly, and may have had an improper pur- poze in £0 doing—atil] ho could not soo that ho should therefore be forced to have his cause submitted without argument. In atrial for life and death we should not be too precipitate. ‘The Court here consulted with the jurors, who expressed themselves very anxions to cet home. ‘The Covrr said that he was desirous of trying this case precigely as he would try any other, without any refer- ence at all to ontside feeling. Mr Heyt remarked that he was physically incapable of speaking to-night, even if fully prepared. He had worked very hard last night to get the law points, until he fell unconscious from exhaustion and 5 For the last five daysand nights he had only slept ten hours, and it seemed to him that justice to the prisoner demanded the allowance of a litte time in a case 80 ex- traordinary in all its aspects as this. The Covet suggested that. it might have the opening argument for the prosecution to-night at any rate. ir. HaRDinG would not like to open the VISIT OP THE MILITARY TO OLD BROWN—UIS KeE- MARKS TO THE WINCHYSTER OONTINENTALS— WHAT HE DLD FOR VIRGINIANS IN THE Wak ov 1812-- CONDITION OF TRE PRISONELS—COOK WRITING Bis CONPESHION, ETC. Quaruetown, VA., Oct. 30, 1850. ‘The principal street of this town was all agog this alter- noon, and the scene it presented for awhile was quite a novelty toastranger. It would, indeed, have been quite amusing could he bave looked upon it divested of the cir- cumstances too foretbly impressed, however, for that which imparted to it tte peculiar and more striking feature. It being Sunday, and of course no Court kitting, there was no marching and counter-marching of military guarding a solitary, broken down prisoner to trial—no continuous arrival of horses, teams and buggies, with country residents—no excited crowds ‘at corners and hotel doors, discursing the all-absorbing question—no dealers in Yankee notions and medicine vendors, taking the op- Portunity the times afford of holding forth on their wares. ‘There was pone of this, but on the contrary, during the morning all was still and quiet Even at this time bere, the influence of the Sabbath prevailed, and the wlent streets only echoed to the footsteps of the peeple going to the different churches. After dinner, however, the elements, that for a time were still, began to get into motion, and soon the late Peaceful streets were busy with noise and lire, First, the negroes had it all to themselves, and the town was as completely in their possession as if old ‘‘Ossowattomie’ himself had given it up to them. Young and old of both sexes turned out, as usual I suppose on Sundays, and their greetings to each other as they met wore loud and hearty. The gentlemen looked their best, and evidently with a desire to please the gentle “Dinahs,”” who sweetly smiled. Such bowing and scraping and langhing I never witnessed, and the lnt‘er was broad and hearty. By and by, however, the weakly attempt of an asthma- tic drum to give out a martial rub-a-dub announced the arrival of the Frederick Guards; then there was a rueh from all quarters to the street, and the numerous statf’ of colonels, and the few privates that were comfortably en- Joying themselves within doors, all rushed out to see the sight or to join in the parade of the Home troops, who got under arms to receive them. The brave defenders of Harper's Ferry were cordially received by their mulitary brethren. The Guards paid but a short visit, ono of the objects of which was to visit the jail and its unfortunate, though guilty, tenants; and ere it was dark they were well back on their way to Harper’s Ferry. With the concurrence of Judge Parker, the Frederick Guards and the company of Winchester Continentals who arrived here last night, were permitted to visit “Ossa- wattomie” and the prisoners that were arraigned with him. Through the courtesy of Col. Davis and Major Haff, Iwas admitted with one detachment. On entering the small room occupied by Brown, he immediately rose from his cot bed, retaining a seat on it, however, andin a very unconstrained and hearty manner addressoc his late op- ponents as they came {n. He is very much improved in health, and bas regained much of bis old self-possessed and commanding manner. As the men of the Continen. tals kept together, they crowded somewhat on him, but Old Brown shook bands with them and said, “Gentlemen, 1 will ehake hands with all of you; which he did. He continued, “Iam very glad to sce you, gentlemen, in- deed. I once served, though not enrolled, with a com- pany of yours. It was inthe late war with England, as it is called, in 1812. But very few of the poor fellows ever returned to their homes. They werea picked body of men, and I remained near them for atime on the Northwest frontier, and it was my happiness on several occasions to render them aid and ogsistance in their sufferings. They were mostly all of them from Petersburg, in this State, and they were #0 equal sized that when any small party of them were together I could recognise them at any dis- tance, The Virginian companies were then the finest that Thad ever seen. Gentlemen, how many of you have ar- rived here?’” CormiventALs—Some thirty of us. Browx—Gentlemen, I should very much like to see you out of doors at your evolutions, but I am not in a po- sition to see that. However, I am glad to see you as it is. The men moved into the other end of the room, where Stephens lay, and Brown adjusted the bed andjagain leisurely stretched himself upon hig cot. Stephens neither spoke nor was spoken to. He is still suffering severely from his wounds. The room occupied by Copland, Green and Coppee was. next visited. As it was to gratify mere curiosity that the Prisoners were thus exhibited to party after party, little was said on either side. Copland was asked where he was from. He replied that he was from Ohio, and that he was sent down by Kagi to join Brown, who, he was told, was going to help the slaves toescape. “I did not know,” ho added, ‘that Brown was going to create an insurrection, or I would not have joined him. He told all, except a few, differently. But he has got me in for it, and I must suffer. Ihad no notion of coming here to fight.” When we entered, Copland was standing on his mattrese, which lay along the hall ; the others were standing to- gether at the barred window, but they made no remark to any one. Cook has requested to be left alone, as he is busily en- gaged in writing out his confession. His brother-in-law, Goy. Willard, of Indiana, is still here. Cook will be brought up for examination en Wednesday next. Brown’s cage will be decided to-morrow. THE GENERAL NEWSPAPER DESPATCH. (CaARLEstown, Oct. 30, 1859. This evening at four o'clock the United Guards of Fred- erick City, under the command of Capt. Sinn, reached here from Harper's Ferry. They requested to be allowed to see the prisoners, and were admitted by authority of Judge Parker, going in by squads. They first visited the cell of Brown and Stevens. Brown was in good spirits. He rose from his couch and took his visiters by the hand, remarking, “Gentlemen, I am glad to see you.” In reply to their questions , he said he was still suffering aome pain about the left kidney. He said he was treated with all humanity and bore testimony to the efficiency of the volunteer soldiers. Ho thanked Sinn for the manly gand truthful manner in which he had testified, and said he would always remember him for his many noblo traits of character. During the conversation Brown occasionally played with tho little children of the jailer, who were present. He remarked that he fought on the frontiers in 1812, and that during all his life he had endured hardships and knew how to bear them. Stephens was suffering much, although he is still getting better. He shook all the company by the hands. Coppee said he was prepared fo bear his fate like’ man. He told Sinn he should want him to testify on his trial, which Sinn promised to do. They all stated that they were well treated.’ Cook’s cell was not entered. He has been all day busily writing, and is understood to be pre- paring a full confession, by the advice of Governor Wil- lard, in the hope of a pardon. During the visit the jail was surrounded by a large crowd, but good order pre- vailed. Mr. Hoyt, the prisoner’s counsel, was quite ill last night, ‘but i# much better to-day. , OLD BROWN’S COUNSEL. Wasntveron, Oct. 30, 1889. Mr. Magruder left Washington this afternoon for Charles- town, to join his law partner, Mr. Chilton. These gentlo men baye boon retained by certain parties in Boston as ‘aggociate counsel for Brown. They are both Virginians by birth, and pro-slavery men, if not slaveholders ; but their reputation bere is such as to leave no doubt that they will faithfully perform their duty. It is said that ‘fan unsuccessful effort was previously made to engago Montgomery Blair. THE SHOOTING OF THE PRISONER THOMP: SON. ‘The testimony of Henry Hunter, one of the party of men who took the prisoner out of the parlor of the Wager House, and killed him on the railroad bridge, was not fully reported in our telegraphic despatch published on Saturday. We therefore subjoin the verbatim report from our special reporters at the trial, premising that the wit- ness, a very intelligent young gentleman, apparently about twenty-two years of age, is the son of Androw Hunter, Eeq., who conducts the prosecution. Mr. Borrs, counsel for the prisoner, Brown, having pro- posed to introduce testimony as to the killing of Thomp- son, 5 ‘Mr. Houwra, the prosecuting officer, objected that it wae irrelevant, and intended by Brown only for out door ef- fect. He added, bqwevor, that if it were shown tha: