New York Daily Herald from New York, New York • 1

THE NEW YOKE HERALD. (THOLE NO. 8456. MORNING EDITION-MONDAY, OCTOBER 31, 1859. PRICE TWO CENTS.

RRIVAL OF THE NOVA SCOTIAN. treating Hews from Europe, China, India and Japan. PEACE BEGOTUnOIS AT ZDBICE Italian Question Referred to an European Congress. scial Minions from France to England and Home. CB BETWEEN SPAIN AND MOROCCO.

i Reception of Minister Ward at Pektae i Japan Currency Question Still Un- settled. 'ATK OF" THE MARUETM, tbC?) ftCt steamship Nova Sootian, which left Liverpool at 11 of the 10th parsed Father Point at 0:30 A. M. rday forenoon. ainct councils and meetings of Ministers were being cntly held in London, in reference, it was presumed, i Italian question.

Stock Exchange had been buoyant at daily Irang prices. Money was easy and the supply very dant. 3 Ureal Eastern continued at Holyhead. Prince Albert I her on the 17th, during the sojourn of the royal at Bangor, but the Queen did not go. It had been ted Uuit the vessel would sail for Portland, on out tho 28th October, but it is so mi -officially ancod that the directors had not come to any decision, eting was to be held on the 19th, and it waa thought iual arrangements would then be made.

liondon Times correspondent on board strongly adcs the postponement of the Atlantic trip till spring, count of tho imperfect preparations and tho eonao, risk of failure. Prince of had commenocd his college stu Oxford. Earl of Westmoreland is doad. i French war steamer Dauphin, which conveyed Napoleon to Holyhead to see tho Orett Eastern, at Liverpool on tho 19th inst. i steamship Arabia, from Boston and Halifax, oral Liverpool at 2:30 M.

of the 15th. THE CRISIS IN ITALY. OFFICIAL ANNOCNCBMKNT OK FRANCOFH1AN TKKATY THE UKNKRAL CONGRESS AND OONHTITl'TION? KNOtAHU FOR IN DKPRN DKNCH ITALY VICTOR KMANU1CI. IN GKNOA, Parte announces that on the 17th a of peace wub signed at Zur icli between France mid rring to the contemplate! European Congross, the correspondent of the 7uiki states that sntatives of eleven Powers will meet? vir. The flvo 'owers, anil Sardinia, Spain, Sweden, Portugal, Rome.

Umdon rott says that preliminary negotiations for reus ore only going on, It boing much easier to plan reus thau to complete the necessary preliminaries, id is pledged to enter no Congress unUu the iwie, aivi free option of Central Italy are previously un i to gwxranUed. It is understood that the qucsIbo Lombard dobt was left to the arbitration or tho the Belgians. latent advices from Paris, dated tho 18th insL, read It is asserted that the second treaty of peace wiU ned to morrow Uo decision of the King of the Bairn the debt of 'mnbardy having reachod Zurich. has a despatch from Paris, dattl)e night 01 the lHh, stating that threo distinct oonts will ho signed at Zurich; tho treaty be- i France and Sardinia will he signed in a day or two; partite treaty wiU be signed subsequently. I Loudon of the 19th states that the terms or treaty arc almost identical with those agreed illafronoa, and that peace, its one of the questions disquieted Italy and Europe, seems settled.

Ijondon I'ort says, that assuming its information to rect, tho further proposals concerning the questions which it is intended to submit to tho approval Congress, are ef such a nature that the diplomatists ch have only lieaped up materials of fresh ditllEDgland can and will tako no part in any which the rtrtil principle be not the recognition right of the and Tuscans no lest than the me arid l'armeian Slates, to self government. The mnonshot tired to rorceon tho people of tho Ru Modena, aud Tuscany any other rulers than tho Prince in whom they so fondly put their trust, will signal of a contliot as deadly as tho one Just brought King of Sardinia had visited Conoa amidst much tiasin. While there ho received the dowager Russia. ofllcial I'iedmoctese QazetU states, that on a reprolou made by Sardinia, Austria had suspended the at Bocca d'Orfu, and had notified her that the mines Blown up by mistake, expressing at tho some timo at the occurrence. fresh arrests were made at Parma, on account or assas-inatlon.

Tranquillity prevallod. tmmittce at Milau had been making otlempta to remise Venctla and the Southern Tyrol, and thews to the hold oT had not been entirely Sardinian government was seriously considering vedlency of fortifying Brescia, Lonataand Cremona. Swiss Federal Council had bought tho Austrian ere on tho logo reiKirt that Naples has promised military assistance ne is discredited, as the King of Naples fears the in? of his own territory. evolutionary commlttec at Ferrara was plviug tlie Wis great annoyance. It was formed tor the purif assisting Venetians to join tho national army.

sai that tho Pope, acting In conoort with tho EinKapoleon, will address a manifesto to the States i Church. Neapolitan oorpt d'armee ou the frontiers was oon- ly increasing, mid will amount to thirty thousand I Ureal activity prevailed in tho and the army wu gradually being placcd on a war rooting. from Florence details the grounds on which tho niur of tho American or Leghorn, Mr. Joseph was withdrawn. It is asserted that ho busied If greatly for the restoration or tho dethroned of whom he was a warm partisan.

Blnda Is ditosed with having recommended certain ropubli ii itn republic, while at tho some tlmi he icrting himself for the princes; and the is sought raise a pretext for armed intervention. FRANCE. AH- OF navoi.ron'b movfv CI. aim on harI CHAKtlK INTHK OABINKT SPKSXVAL MIMION TO ENGLAND? MISSION TO l'RKHH LAW, MTC. report that Fmnoe claims throe hundred mllbon indemnity for the war from Piedmont is pro unfounded.

Tlie French government having advani to Piedmont, both bofore and daring tho the eiteut of 60, 000, "00 francs, in arms, prov isions now claims only a reimbursement of that sum. airs'. current of a probable change in the ry xiiogetircment of WalewsW and th" 'I Sardinian the FAterior Hrhorwm on a to Interviews with ipt'ior and Adnurul on il Vter of Public ImHroctw. had bad stormy with some of tho ultfaraonlaae i prelates. L'Vninxn complains of having to owe publishing the circulars of Bfehops, and hopes tho Injunction wtll soon be romoved.

It wu reported that the Archbishop of Bordeaux would Boon visit Rome, at the desire of the Emperor, to press upon the l'ope the necessity for reform. Tbe JUonib ur dc la FUMt explains that the Frcnch floet will be ho lit to Uorocco on account ef tbe attitude assumed by England towa'd Spain, tbe English floet probably boing intended to counterbalance its operations. The Parte Fabric contradicts the statement, that the Saltan bad ordered tho suspension of the works on lh? 8ue? canal, but it is uuyerUteloss asiiei'ted that the works had been entirely discontinued. It is aswrted that France will only recall her forcoe from Komo when the form of government there renders their presence no longer noceasary. he A'orU say that the deputations of Parma and Tuscany had interviews witb Napoleon on tho 16th, and that the result wan satisfactory, but the details are not given.

Tbe Parla flour market had been heavy, but closed firmer with a better demand. Wheat had slightly declined. The Paris Bourse had been firm at an improvement, but closed flat and inactive on tho 18th at 69f. 76c. for SPAIN.

It said that Spain haa conceded further delay to Morocco. The Spanish Cortex had approved the bill for increasing tho strength of the army to 100,000 men, with foil power to increase the number by 00,000 more If necoesary. Morocco had offered satisfaction to Spain, but without replying to the ultimatum. A Madrid despatch of the 17th says the government bad declared to the Cortes that before the time granted to Morocco had explrod, it received Information that Morocco would give the satisfaction demanded. 8pain immediately demanded from Morocco that peico shall not be disturbed for the future.

An immediate answer was expected from Morocco. PRUSSIA. The Emperor of Russia and the Prince Regent of Prussia wore expected to have a meeting at Breslau, Oct A grand military parade would take placo. AUSTRIA. It was reported that the Emperor of Austria will proceed to the frantiera or Prussia and Poland, there to meet the Emperor ef Russia.

INDIA AND CHINA. The India and China nialls lrora Calcutta Sept. 9, and Hong Eong August 24, had reached England. The news is mainly anticipated by telegraph, but the letters give additional details. Mr.

Ward, the American Minister, was courteously received at l'ekin. The news or his arrival at Pekln was brought to Shanghae by a Russian gunboat, but no letters wi re received from him. It was reported that ho would be at Shangbae about the end of August, and that ho expected to be able to send homo the ratified treaty by the following mail. The Ijondon Times correspondent regards the reoeption of Mr. Ward as a most politic stroke of the Pokin Cabinet, but it docs not at aU remove the treachery to the British Minister.

The Vrirnd of China says that, as the American treaty gives the United states liberty to tender their good offices in any difficulty witli the Western Powers, Mr. Ward will soonhavo an opportunity of testing the virtues of this clause. General Mouravietf, Governor of tho Russian territories on tho river Amoor, had arrived at the Pelho, and special messengers were sent to Pekln to acquaint the Russian Minister. The Russians, apparently, hod a perfect understanding with the Chinese. Order was re-established at Shanghae.

Three British officers, who lost their vessels at tho Peiho, had been tried by court martial and acquitted. later news had been received from India by the Red Sea telegraph. The Bomb jy mall of September 27 rcacbed Aden October 0. Central India was still unsettled. The frontier of Nepaul were occupied by tho Nena and bis followers.

The Waghers were still in insurrection, and a force was to be sent against them. Exchange at Rem bay was at 2s a Imports continued active, but a fall in prices were anticipated. Exports were quiet. Freights wero without improvement. The authorities ut Pekin are represented as ready to receive the British Minister on friendly terms.

Meanwhile the Indian government had been applied to for 15,000 troops for China, and regiments were uador orders to depart. The steamer Mississippi was at Shanghai, and the Powhatan and Tuey wan at tho Gulf of lVcheli. COCHIN CHINA. The negotiations of the French In Cocuin China had made t-o much progress that the French Admiral had sent a reinforcement of truope and gunboats to Canton. japan.

Advlocs from Japan state that tho British Oonsul hod made no progress in respect to the currency question. The trade consequently wus in abeyance. The American sloop-of-wur Uermantown was at Japan. COMMERCIAL INTELLIGENCE. THE MONEY MARKET.

Loxdox, Oct 19, 1869. The London Daily JVcwt city article says tho tendency of the stock market is still decidedly to improvement At one period on the 18th a fresh rise of was obtained. A little dullr was occasioned in the afternoon by tho continued hence of response on tho Paris Bourse, but closed an higher than on the 17th. The domand for money was moderate. In tho opon market may bo considered the nearest rote for tho best bills having three months to run.

No bullion operations at tho bank. Tho Ijondon city article says Tho confirmation of the news of the signing of the peace treaty at Zurich, the settlement of the dispute between Spain and Morocco, and, above nil, the continued abundance of capital seeking investment, caused the English fundi to open on the 18th with increased firmness, and subsequently to experience a further advance. Conncis left off' steady at an lmprovomont of a quarter. There was an Increased demand for money on the 18th, and the rate in the open market was fully per ccnt The foreign exchanges wero ge nerally steady. Tho British railway stocks wero firm and advancing, but closed with a slight reaction.

The ship Dover Castle, from Melbourne, with gold dust to tho amonnt of and in sovereigns, was oiT Plymouth last night. Consols closed on Uio 18th at a 90 for money and accountAmerican securities slow of sale, but prices unaltered. Lojdom, Oct A. M. Consols open nt last night's closing prices.

LIVERPOOL COTTOW MARKET. There whs no material change in price. Holders wore JiR l'reely, but showed no disposition lo press sales. The sales for Saturday, Monday and Tuesday rooted up 24,000 boles, of which speculators took 1,000 and 4,000 bales. The only quotations furnished are the following- New Orleans middling, 7 l-16d.

a 7tfd. uplands 11 lCd. STATK OK IV MANCI1KSTKK. The advices from Manch'ftcr wi re favorable, the market closing quiet bv.t steady. UVKKPOOL MARXKT.

were tending downward. Richardson, Spence Co. quote flour dull but steady at 22s. 6d a 27s. p-r bbl.

Wheat dull, with a decline of Id. a 2d. on French sorts. American was quoted red; 3d. a 9s.

6d white, 0s. Od a lis. Corn dull, with a decline of 6d. on yellow white nominally um-hange 1. UVERl'OOr, PROVISION MARKET.

Tho provision market was generally dull. Beef w.w quiet but stividy. Pork dull. lard llrm at Ms. Jws.

Baoou dull. Tallow firm butchers, 60s. on tlio UVKHTOOL PRODUCT: MAHKKT. 'ot pour's, 27s. Sugar stcMdy, lUco steady.

OoBt'o Rosin mon 4s. 2d. Spirits jjf turpentine dull at a6j. Od. a 34R I.OKnOK MAIIKKTR.

Bretwlstatt's wore dull and unchanged in Sugar ilrm. quiet. Rico Arm. quiet at 69s 6d. a 69e.

9d. linseed oil, Pig iron steady at TIE HARPER'S FHJRY OUTBREAK. The Trial cl John Brown, Charged with Conspiracy, Treasen and Murder. COHCLUSIOH OF THE EVIDENCE. KUKHIKG UP FOE THE PBOSECITKW.

Interesting Interview Between Old Brown and Ike Virginia Soldiers. Official Reports of tbe Tight at Harper's Ferry. Sermons Yesterday on the "Irrepressible Conflict," THE FOURTH DAY'S PROCEEDINGS. OuxLwrowK, Oct 185ft The Court mot at ten o'clock. Ibe Ji'DGi announced that be bad received a note from tbe new counsel of tbo prisoner, requesting a delay for a few minutes, to enable tbem to bavo an Interview with tbe prisoner.

Be would accordingly wait a short time. Soon afterwards Brown wu brought in, and took his usual recumbent position in bed. Samuel Chilton, of Washington city, appeared as additional counsel for the prisoner, and was qualified. Henry Orlswold, of Cleveland, Ohio, was introduced to the Court as counsel for the prisoner, and qualified. Mr.

Chiltoh thoagbt it due to himself to mako an explanatory statement before the trial prooeeded. Yesterday be was very unexpectedly called upon to oome 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 Mends aa to the propriety of accepting tho proposition. He would bare had no hesitation If bo 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 tho defence. Open reaching here be found that they hod withdrawn from tho case, and be then hesitated about undertaking It; but upon consultation with the prisoner and his friends here, they Insisted bo should do so, and ho would do tbo best he could, not feeling at liberty under tho circumstances to refuse.

These circumstances, however, would render It impossible for him to discharge tho full duty of counsel, not having had time to read tho indictment or examination already given. Ho made no motion for delay this was a matter entirely within the discretion of the Court, and if the Judgo thought proper to refuse to grant any postponement, he knew it would be done under a senso of duty. Those extraordinary circumstances would also render it impossible for his associate, Mr. Grlswold, to discharge his full duty as counsel. A short delay of a few hours, if tbo Oourt thought proper to grant it, would enable them to make some preparati The Court decided that the trial must go on.

Counsel bad been assigned to the prisoner hero of his own selection, wbo bad labored zealously In bis behilf, and had withdrawn because the prisoner had yesterday evening declared in open court that he had no confidence in tbem. No obstacle had at any time been thrown in the way of the prisoner's having an ample defence. If this was the only cose 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 his duty to endeavor to get through with all tho cases, if possible, in justice to the prisoners and in justice to the State. Tho trial must therefore prooeed.

Mr. Horr remarked that yesterday the attorney for tho Commonwealth produced various papers in court, which were identified, for what purpose he knev not, but presumed he should be Informed; some as being In Captain Brown's handwriting, and some as bearing his endorsement. Ho had hastily examined those papers and wished to object to some of them. Tho learned gentlomin asso ciated him on the trial hud not examine thorn, bu he supposed the Court would not regard that as material under the present ruling. Mr.

Hnnn (interrupting)? The re is no need of argument about the matter. Designate thoeo you to ob eet to. Mr. Hovr? I tics', rf to knew the osjcct or the counsel in introducing those papers. Mr.

Hrirnw? Tho papers will speak for If you will designate which of them you objcot to, wo will i go on at oncc. Mr. Hoyt I object to the autobiography of Captain Brown, as having no bearing on this case. Mr. Hrimut? I withdraw It.

Mr. Hott? I object to tho letter of Gerrit SmithMr. HtTTOR? I withdraw that too. Mr. Hovr? I handed to tho Cleric last night a llrt of names we wished summoned ae witnesses, Samuel Stridor, Henry Ault, Benjamin Mills, John E.

P. Dangerfleld and Captain Simms. I got a despatch Jnst now informing mo that Captain Simms had gono to Frodorick, and would return in tho first train this morning, and come on to Charlestown this afternoon. I should liko to inquire whether tho process had reached Captain Simms at Harper's Forryf Sheriff CiKPWB.1 replied that the officer stated that Captain Simms had gono to Frodorick. Mr.

HrimtB? Ho woe here yesterday. I hope wo will proceed with some other witnesses. K. P. DA.iCKKnr.TD was calloJ, and testified that ho was an offloer of the Armory; be was a prisoner in tho hands of Captain Brown at the engine house; negotiations were going on for tho roloase of all tho prisoners before the firing commenced about a dozen black men were there, ormod with piker, which they carried most awkwardly and unwillingly; during the firing they were lying about asleep, some of them having crawlod nndor the enginoe; 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 bouse; he fell back exclaiming, ''It's all up with me," and died in a few this man, ho leornod, was one of Captain Brown's sons; saw another young man, who came In wounded, and commenced to vomit blood; be was also a son of Captain Brown, and was wounded whilst ont with Mr.

Kitwuiller; the prisoner frequently complained that his men wore shot down whilst carrying a flag of truce. Mr. Hr.vwR complained that they were going over again the same facts that were elicited, and all this was freely admitted by the prosecution. Mr. Hoyt said that he regarded it as the only feasible lino of defence to prove theso facts.

It wan duty of counsel to show, 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 absonce of malicious intention. Mr. HrvrxK was frank to admit that he could not but regard this course its merely calculated to waste time. Mr.

Hoyt would remind the Court that the oourse being pursued was not only in accordance with their conviction of duty, but in accordance wiLh the express commands of their client. The Court remarked that tlx) counsel was responsible to the Court to coiiduc' the case according to tho ruleR of practice. Mr. Dorr thought the language of the prosecution was calculated to impugn the honor of tho counsel for tho prisoner. Mr.

nr-vrcn? Nothing of the kind was intruded. It is pre? umed tho gentlemen will conduct the cane In accord with their duty as counsel (Uid their responsibility to tlio CourtMr. IUNaKwnojt, Heard conversation by Captain Brown as to having It In hit; power to lay tho in and carrying off the women and children, but that he had refrained from so doing; heard him aoako no threats that ho would do so; the only threat I heard from bitn was at the commencement of tho storming of the engine house; he Uien said that we must all take qual with him? that wo could no loogcr monopolize the places of safety; he, however, made no attempt to deprive us of tho places we bad taken; Brown promised safety to all descriptions of property oxoept slave property; at the time of tho assault by the marines, ono of tho men criod out for quartor; be bad board the same man, in a eonvorsatioa with Brown during the night, uk him if ho wits ootoirut thag treason against hia country in resisting the marines, to which Brown replied tliat he was-, liie man then Raid, "I'll tight no that bo thought kwu merely fighting to liberate the slaves; after tbe attack wan made on tbe engine house, two of Brown'B men cried for quarter and laid down their arms; but after tho marines hurst open the door, they picked iiu and renewed tho flgbt; after tho Brat attack, Capt. iVown cried out to Rorrender, but he was not beani dkfcaot him tire after vuil saw Coppeu attempt to Arc pwioe, but tho oapa exploded; witness naw Brown 011 the hip by a thrust from a aitbre, and several cuts ou tho head when tbe latter wounds were given, Capt Brown appeared to be shielding himself, with bis head down, but making no resistance; tho parties outfido appeared to bo tiring as tbey pleased. IUjoh Mills, master armorer, sworn witness was one of the hostages of Capt.

Brown, confined in the engine house; before the general firing commenced, 'gotia tions wore pending for tbo release of the prisoners; a paper was drawn embracing certain terms, and born by Mr. Brua to the citizens outside; tbe terms wore not agreed to; tbo last time Mr. Brua wag out there was severe firing, which I suppose prevented his return; Brown's son went out with a flag of truoo, and was shot; be came back wounded tho prisoner attended him and gave blm water; board Brown frequently complain that the citizens had actcd In a barbarous maimer; ho did not appear to have any nulicious feeling: be undoubtedly seemed to expect reinforcements; said It would soon 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 it" This was while tho Bring was going on Captain here asked tbe witness whether ho saw any firing on his part which was not purely defensive. Wrrusse It might be considered lu that light, the balls camo Into tbo engine house pretty thick. Question by you not frequently go to the door of tbe engine house? mews? No, Indeed, (laughter.) A peneral colloquy ensued between tho prisoner, lying on his cot.

and tho witness as to tho part taken by the prisoner in not unnecessarily exposing his hoetages to danger. No objection was made to Brown's asking these questions in his own way, and verbal cxpia nations relative conduct. Tho witness generally corroborated his owe version of tbe circumstances attending th.i attack on tbo engine bouse, but could not testify to all tho incidents that he enumerated. He did not hear him say that bo surrendered. Witness' wife and daughter were permitted to visit him unmolested, and ft-co verbal communication was allowed with those outside.

We were treated kindly, but were compelled to stay wbero we did not want to bo. Brown appeared anxious to effjct a compromise. Hakcix StrvoKB, sworn? This witness proceeded to detail the whole circumstances of the two days, with what be saw, what be thought what ho hoard. Nothing new was elicited. He confirmed tho statement of the other witnesses that Brown endeavored to protect his hostages, and constantly said that ho wished to make terms more for their safety than hi-: own.

Mr. Hoyt, half past one o'clock, of indisposition from the heat of the room, and aftked tli.it Uto usual recess for dinner be token. The court then adjourned for one hour. AFTERNOON SKRSION. At hatf-past two o'clock the court reassembled Kr Griswold, taking his seat by the side of the pared to quebtion tho witnesses, and reoeive for ferry; Witness started for the Ferry with tho under com mand of Lionel shrivor, was i their numbers were exaggerated after he th6 waa was hailcd from there- two rLta hod been fired from there; was hailed and wen met Pangerfleld and there- nil! witness that he had a tmwv 1 Brown said to a proposition to make, to whieh 1...

listened; he wanted to ho alined to over the and then we might take hL had fought Cnele Ik and wm him that they must expect to bo shnt Jko (logs if they op arm8 Brown, and said he what h(, U) is ZZXZ'ZZZ had shot no one who had not carried arms; ItoU nta that Major Beckman had been killed, and that I knew ho every man had a gun and four-fifths wero under no mand; the military had ceased firing but men wh? engine house; Brown or any of his men cauld not have ventured outside tho door of the engine house that Hhot Stephens in the hotel alter he had been wounded, and shamed some young men wSo wore endeavoring to shoot him as he lay in htabed dying; told them that if the man his feet, with a pistol in liis hand, they wjuld window. length, but little new was elicited. On Ihe conclusion of his testimony Obtain ftimms hat be Lad returned here at the Emmons of tno prisoner come to testify against him. He had no sympathy for the hi8 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 lug informed that he wanted him here as a witness' he I with pU-asure. As a Southern woltl Ul0CA80' 80 Northern men would have no opportunity of saying that Ssuthern men were unwilling to appear as witness in behalf of one whose principles they abhor.

Israkl Rr.HKKii sworn Was the of a flag of truce from Brown's party to tho citizens of the Ferry His tea timony was merely in corroboration of the feu stated bv the previous witness. Twiwa Bcxss sworn? Was taken prisoner by Captain Cook and two others; was one of the two hostages contlie engine house; Brown had Art or six of his men there; did not give any reason to us why we were put there, except that it for his own safety- gine houso while tho hostages were there Here the defence closed their testimony. Sou- of the witnesses were cross examined foo the State Mr Chilton, for the prisoner, rose and submitted a tion that the proration In this case be compelled to elect on the on the Indictment and abandon the Th indictment eon.ilts of four counts, and is endorsed "An indictment for treason and advising and eonjmr'nr and conspiring with slaves and others to rebel," Jul the charge of treason as in the first, and the second count U''U which on the back of the indictment and whieh is reoonl Bocond count is under the following a person advise or conspire with a wSfSki' or insurrection bo made or not. But tho socood count of the Indictment is Uiat these parties who ore chargvd by tho Indictment conspired together with other persons Miadooe eertain slaves, the property of Mosws Alstadf and Washington to mako rebelUon and insurrection. is a broad distinction between advising and cntwpirtog with slaves to rebel, and ooospiring with others to luduco slaves to Whether he was to avail himself of their irregularity by instruction from Court to the jury to disre gard this second count entirely, or whether It wrmld be proper to wait until the conclusion of the trial uid then move an arrest of Judgment, he lert his Honor derido th? 01,11 woscution be compelled to elect one count and abandon tho othes ouot mg Archibald's criminal pleading in support of bs'vlew He farther winded to the hardship which rent? upon (ho prisoner to meet various and dmtlncl charges hi tho -tamo trial.

Bi the authority hi road It woakl that, in a care of treason, drtfl'rent of treason? ill not be united In the iii'tictutbut? high oould do be with treason. If 411 inferior grade of the saate rbaracur oould not be included in separate coums, still can ortWiCfls ol hi), 'her grade. Treason in this country high treason. Tr afttMUki Statu of vilnst her sovereignty. We have no other description of treason can only bo committed ugaiust sovereignty wbutlicr tli.it of the United or of a i-overelgn Htate.

Mr. lliUHto could not sea the I'oron of ihe objeotio made by tho learned counsel on U10 other side. In regard to separate off, neon being charged th.me were but different parts of the name transaction. Treason against the government is properly made the subject of one of the Bnt we also have a count for murder, for it can h-vrdly bo supposed that treason can exist ithout being followed or accompanied by murder. Murder arose out of this treason, and wns the natural result of thin bloody conspiracy.

Yet. after all the evidenco lias been given on all these points, the objection is m.vlo (Jut we oonflne ourselves to a tingle one of them. IIo hoped that no such motion would bo granted. f.r. Hr.vrrR followed on the same He repliod to the argument of Mr.

Chilton, Haying that the discretion of the Court compelling the prosecution to elect one count In the Indictment is only exercised where groat embarrassment would otherwise result to the prisoner. As applied to this particular case, It involved this point, that, notwithstanding the transaction, as has been disclosed by tho evidence, be one transaction, a continued closely connected series of nets, which, according to oar apprehension of the law of the land, involves tho throe great offences of treason, conspiring with aud advising slaves to mako Insurrection, and the perpetration of murder. Whether in a oaso of this character, it is right and proper for tho Court to pat the prosecution upon election as to one of tho three, and bar us from investigation of the two others entirely, although they relate to facts Involved in ooo grand fact Notwithstanding the multiplicity of duties devolving npon 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 proceeded to quote Chilly's Criminal and Robinson's practice to provo that tho discretion of tho Court there spoken of in reference tn the furtherance of the great object In view? the attainment of justice, where the prisoner is not embarrassed in making his defence, this discretion is not to bo exercised by the Court, and no cose can be shown where It been thus exercised where tho whole ground of the indictment referred to one and the same transaction.

This very case in point would show the absurdity of tho principle, if It wero as broad as contended for by his learned friend. As to tho other point of objection, it was too rellnod and subtle for bis poor Intellect Mr. Cuiitos resided? In order to asoertain wluit a party is tried Tor, we must go to Uio finding of iho Grand I Jury. If tie Grand Jury return an indictment charging the party with murder, finding a truo bill for that, and Uo should be indicted for manslaughter or any other offence the Court would not huvo Jurisdiction txy him on that' count in the indictment, und the whole question turns on the construction of the section of tUo statute whirh has been read, wholjier or not advising or conspiring with laves to is a Hepam.) and distinct oflena; from conBjilriDK with other persona to indnoe it. TheCorw said that the difference might porhaps 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 Poon.andcounHel could afterwards move an arrest of I judgment. As to the other objoction, the Court mado this I answer. The fact that the ollencc can bo charged in different counts, varying the language and circumatan( ces, is based upon the idea that distinct offimces m.y bo charged in the same indictment. The prisoners are to ho tried on the various couni.s as if they were various transactions. There is no legal objection agaiust charging various crimes in the same Indictment.

The practice has been to put a party upon election whore the prisoner would be embarrassed in his defence; but that is not the law. In this case these oifcnoea charged are all ol the same Uansactiun, no car is muio out for the court to interfere and put the parties upon an lion. Mr. CButok said he would reserve tho motion as a basis for an arrest of judgment, 11k. KJswoi.il remarked that tho position of at! the pre sent counsel of the prisoner wea one of very roat embarrassment They had no disposition to interfere with the course of practice, hot it was tho dosiro of the defendant that tho case should bo argu-d.

Ho supposed that counsel could obtain sufficient knowledge of the evidence previously taken by reading notos of it. But It was now nearly dork. If it was to be argued at all. he supposed the argument for the common wealth would probably occupy the attention of the Court until the usual time for adjournment, unless it was the intention to continue with a late evening session. From what had heretofore transpired he felt a delicacy in makine any quest ot tho Court: but knowing that the ended, except for mere argument, he did not know thit thn too much for tho Court to adjourn the openlngargument on behalf of the proaocubon.

cheorfuUy boar testimony to tho tin exceptionable manner in which the counsel who had iust Sday ifwoiild tb? witnesses is? "sassr yiss bit ss in coXting lense, is purely and entirely the act of the uriaoiwr ni? counsel will not be responsible for it. Tho Court is not responsible for It, but the unfortunato nrtecmer ta ali'lo and act dismissing his faithful, skilful" able and zealous counsel on yesterday afternoon Ho' would simply and that not only were tlT jurors kept away from tlieir families by their dXT. not a in this counwhether with tho cause or not vm not trembling with anxiety apprehension "TT1 an'! ESSTfoTSSS nave due weight, yet tho commonwealth has its rights, the community has its rights, tho lurv hnvo their rights, and it was for his Honor to woigh these in opposite scales and determine whether wo should not UvnighL Wc hfcl and be could not allow himself to make an atteinDt at ir' gnment on a case about which ho knew so If ITe were to get up at all, it would be for theun worth no 8uch but dertaken this man's cause, he very much wonld be the last man 'rid to ubject the jurors to Inoon vesience unnecessariiv but although the prisoner may have been to blame? mav So6 baj taSSrSK v' f'? 8t? ''Otng? be oould not soo that he should th be forced to hare his cause submitted without doath wo'SdnK The Coui here consulted itli the jurors who thewselves very anxious to get The Cot rt said that he was desirous of trying this cisn precisely as he would try any other, without an, rertf encc at nil to outside feeling. llr remarked that he was physicillv incapable of speaking to night, even if Ailly prepared, lie had worked fan night to get the law points, until unconscious from "xb.iustinn and fatigue For the last live days and nights he onlv ten ,0 hi:" th'" to pritt demanded the allowance of a little time in a case traordinary In all its aspects ns this ox The CovaT suggested that.lt might have the argument for the proh.M-ution to night at any rate Mr. HAmiiMi would not like to open tho argument nnw I unless the case was to be finished to night.

wT ling, however, to submit the case to th? out a single word, do the prisoner justice. The nroseeiitiolr met not only on tortSTh? step, with obstructions to the nrtwroiw of ir the case was not to be closed ask the same givpn on ii? I might collate the notes of tho evldenoe hi tit' i TIicCotst Inoulred what would require for a the JefeD0? could then decide whetE? there would be tKSSF-S- aa earnebt protest against yo? can go on yourseh-es. for ik. fw2 oommaooed tho opening argument only for about forty reviewed the teatimoay a a elicited during the examlnatien and dwolt fbr some time on the absurdity or the claim or expectation of the prisoner that' he should have treated according to the of honorable warfare. He seemed to have lost sight of the fact that he waa In command of a band of murderers and thieves, and had forfeited all title to protection of any kind.

The Conn then adjourned at Ave o'clock, to meet again at ten o'clock on Monday morning, when Mr, QUltonwUl deliver big opening speech for the prisoner. I OUB SPECIAL DESPATCH FROM TOWN. VISIT OK TIIE MIT.ITAIiy TO OI.D MAKKH TO THE WINCHRKTKK OONTINKNTALR? WHAT HK DID KOH VIROINLA.VH IN i'HK WAlt OF lHl'iC0NU1TION Of THK fttlHONKltS COOK WBI11NO Ills COSHWHION, KTC. CHAatJffuWJt, 80, 1W The prinrtpal street of vu all ibn aiternocti, and the scene tt presented for awhile ww ijultfl novelty to a stranger. It would, ladeod, have Wn quito amusing could he have kxiked upon It diverted of the circumstances too forcibly impressed, however, for that which imparted to It Km peculiar and inore striking feature.

It Fundav, and of course no Cburt sitting, there was no marching and counter marching of military guarding a solitary, broken down prisoner to trial no coniiuuouti arrival of horses, fame and buggies, with country residents do excited crowds at corners and hotel doors, disrupting the all absorbing question no dealers in Yankee notions and medicine venders, taking the op portuuity the times aflord of holding forth on their wares. There was erne of this, but on the contrary, during tho morning all was still and quiet Even at this time hero, the Influence of the Pabbath prevailed, and tho tent streets only echoed to the footsteps of the people going to the different churches. After dinner, however, the elements, that for a Hum weje still, began to get Into motion, and soon the late peaceful streets were busy with noise and lire. Hirst, tho negroes had It all to themselves, and the wn was as completely in their possession as if old "OHPOwattomie" himself hod given It up to them. Young and old of both sexes turned oat, as usual I suppose on Sundays, and their greetings to each other as they met wore loud and hearty.

Hio gentlemen looked their bent, and evidently with a desire to please the gentle ''Pinahs," who sweetly smiled. Puch bowing and scraping and laughing I never witnessed, and tho Infer was broad and hearty. By and by, however, the weakly attempt of an asthmatic drum to glvo out a martial rub a dnb announced the arrival of the Frederick Guards; then there was a rash from all quarters to the street, and the numerous stall of colonels, and thefew privates that were comfortably enjoying themsehss within doors, all rushed out to see tho sight or to join In the parade of the Home troops, who got under arms to reocive them. The brave defenders of Harper's Kerry were cordially reoeived by thoir military 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 sompany of Winchester Continentals who arrived here last night, wero permitted to visit "Ossa wattomle" and tho prisoners that were arraigned with him. Through the conrtesy of Col. Davie and Major Hall', I was admitted with one detachment. On entering the Ftnall room occupied by Brown, he Immediately rose from his cot bed, retaining a seat on It, however, and in a very unconstrained and hearty manner addressed hie late opponents as they cuno In. He is very much improved in health ond lias regained much of bis old self possessed and commanding maimer.

Aa the men of the Oontlnen tals kept together, they crowded somewhat on him, bat Old Brown shook bands with them and Raid, ''Gentlemen, will shake hands with all of which he did. He continued, "I am very glad to see you, gentlemen, indeed. I once served, though not enrolled, with a com pany of yours. It was In the laU; war with England, oh it is callcd In 1812. But very few of the poor fellows ever returned to their homes.

They were a picked body of men and I remained near them for a time on the Northwest frontier, and it was my happiness on several occasions to render them aid and assistance in their sufferings. They ere mostly all of them from Petersburg, In this State, and they were so equal sized that when any small party of ni were together I could recognise them at any distance. The Virginian companies were then the finest that I bad ever seen. Gentlemen, how many of you have ar rived Cn.vn>KNT.* ls Pome thirty of us. Bkow.v? Gentlemen, I should very much like to soe you out of doors at your evolutions, but I am not in a position to see that.

However, I am glad to sec you us it is. The mnn moved Into the other ond of the room, where Stephens lay, and Brown adjusted the bod leisurely stretched himself upon his cot Stephens neither tpoko nor was spoken to. He is soil suffering severely from his The room occipicd by Copland, Green and Coppeo was next visited. As It was to gratify mere curiosity that tho 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 1 must Buffer.

I had no notion of coming here to fight" Wheii we entered, Copland was standing on his mattress, which lay along the hall tho others were standing together at the barred window, but they made no remark to any one. Cook has requested to be left alone, as be is busily engaged in writing out his confession. His brother-in-law, Gov. Willard, of Indiana, Is still here. Cook will be brought up for examination Wednesday next Brown's case will be decided to-morrow.

THE flKSttjU. SKWSPAFHt DfflPjkTCH. Chaklsstowb, Oct 90, 1869. This evening at four o'clock the United Guards of Roderick City, under the command of Qapt 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 visitors by the hand, remarking, "Gentlemen, I am glad to see you." In reply to their questions he said he was still suffering some 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 aand 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 Httle children of tlie jailer, who were present. He remarked that he fought on tho frontiers in 1812, and that during all his life he had endured hardships and knew bow to bear them. Stephens was suffering much, although ho is still getting better. He shook all the company by the hands. Coppce said he was prepared Jo bear his fato liko a man.

He told Sinn ho should want him to testify on his trial, which Sinn promisod to do. They all stated they were well treated. Cook's cell was not entered. He has been all day busily writing, and is understood to be proparing a full oonfossion, by the advice of Governor Wil lard, tu the hope of a pardon. During the visit tho jail was surrounded by a large crowd, but good order pre vailed.

Mr. Hoyt, the prisoner's counsel, was quite ill laet night, but if much bettor to-day. UIJ) BROWN'S COUNSEL. Wabhwgtojt, Oct 30, 1849. Mr.

Magruder left Washington this afternoon for Charlestown, to join his law partner, Mr. Chilton. These gontlo men have retained by certain parties in Boston counsel for Brown. They are both by birth, and pra slavery men, if not slaveholders but their reputation bore is such as to leavo no doubt that they will faithfully perform their duty. It is said that an unsuccessful effort was previously mado to engago Montgomery Blair.

THE SHOOTING OP THE PRISONER THOMPSON. nie testimony of Honry Hunter, one of the party of men who took tho prisoner oat of the parlor of the Wager House, and killed him on the railroad bridge, was not fully reported In our telegraphio despatch published on Saturday. Ws 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 sge, is the son of Andrew Hunter, Esq. who conducts the prosecution. Mr.

Bom, counsel for the prisoner, Brown, having pro posed to introduce testimony as to the killing of Thomp son, Mr. Hnrm, the prosecuting officer objected that it irrelevant, and Intended by Brown only for out door effect. Be added, bqwever, that if it were shown tha.