t ask to have my life spared. The Governor of the State of
Virginia tenders me his assurance that I shall have a fair trial, but
under no circumstances whatever will I be able to have a fair trial. If
you seek my blood, you can have it at any moment, without this mockery
of a trial. I have no counsel. I am ready for my fate. I do not wish a
trial. I have now little further to ask, other than that I may not be
foolishly insulted, as cowardly barbarians insult those who fall into
their power."
The posing martyr was courting insults which had not been offered
him. He was grieved that he could not bring the charge of barbarous
treatment. He had been treated by Colonel Lee with the utmost
consideration. His wounds had been dressed. He had received the best
medical care. He had eaten wholesome food. His jailer had proven
friendly and sympathetic.
He went out of his way to insult the Court and the people and invite
abuse. He demanded that he be executed without trial.
The Court calmly assigned him two of the ablest lawyers in the county,
and ordered the trial to proceed.
At noon the following day the Grand Jury returned a true bill against
each of the prisoners for treason to the commonwealth, and for
conspiring with slaves to commit both treason and murder, and for
murder.
Captain Avis, the kindly jailer, was ordered to bring his prisoners into
Court. He found old Brown in bed, pretending to be ill. He refused to
rise. He was determined to get the effect of an arraignment of his
prostrate body in the court room. He had foreseen the effect of this
picture on the imagination of the North. The crowd of eager reporters at
the preliminary hearing had given him the cue.
He was carried into the court room exactly as he had desired, on a cot.
While the hearing proceeded he lay with his eyes closed as if in deep
suffering. He had carefully prepared a plea for delay which he knew
would not be granted. Its effect on the mob mind of the North was what
he sought. The press would give it wings.
He lifted himself on his elbow and asked Judge Parker to allow him to
make a protest:
"I have been promised a fair trial. I am not now in circumstances that
enable me to attend a trial, owing to the state of my health. I have a
severe wound in the back, or rather in one kidney which enfeebles me
very much. But I am doing well, and I only ask for a very short delay
of my trial, that I may be able to listen to it! And I merely ask th
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