Mr. Hoyt, of Brown's counsel, added to the interest of the scene by asking that the case be postponed. Anticipating that his colleagues would withdraw from the case as a result of Brown's speech, he said that he was utterly unable to go on with the case alone and that Judge Tilden, of Ohio, was coming to assist the defense, and would arrive during the night. Counsel Botts and Green, after asserting that they had done everything possible for their client, announced, that since the prisoner had no confidence in them they could no longer act in his behalf. Judge Parker thereupon released them, as counsel, and adjourned the trial until the next day at 10 o'clock.[463] When court convened Saturday morning, Mr. Griswold and Mr. Chilton appeared for Brown, and asked for delay--a few hours only--in which to make some preparation for the defense, which was refused. "This term will end very soon," the Judge said, "and it is my duty to endeavor to get through with all the cases if possible, in justice to the prisoners and to the State." With the examination of a few additional witnesses, the testimony for the defense closed and the battle of wits began with a motion by Mr. Chilton, that the State be compelled to elect one count in the indictment and abandon the others. That Brown was charged with treason, and with conspiracy and advising with slaves and others to rebel, and with murder in the first degree. He contended, and cited authorities to sustain his contention, that in a case of treason, different descriptions of treason could not be united in the same indictment; high treason could not be associated with other treason. If an inferior grade of the same character could not be included in separate counts, still less could offense of higher grade, etc., etc., etc. Mr. Harding, associate counsel for the prosecution, of course, could not see the force of the objection made by the learned counsel on the other side. The separate offenses charged were but different parts of the same transactions. "Murder arose out of the treason as the natural result of the bloody conspiracy." Mr. Hunter said the discretion of the Court on one count in the indictment is only exercised where great embarrassment would otherwise result to the prisoner. The Court held that the point might be taken advantage of to move an arrest of judgment; but since the jury had been charged, and had been sworn to try the prisoners on the indictment as drawn, the trial must go on.... The very fact that the defense can be charged in different counts, varying the language and circumstances, is based upon the idea that distinct offenses may be charged in the same indictment. The prisoners are to be tried on the various counts as if they were various circumstances, etc. Mr. Chilton then said he would reserve the motion as a basis for a motion in arrest of judgment.[464]