At his preliminary examination before five justices, Colonel Davenport presiding, Brown said: "Virginians! I did not ask for quarter at the time I was taken. I did not ask to have my life spared. Your governor assured me of a fair trial. If you seek my blood you can have it at any time without this mockery of a trial. I have no counsel. I have not been able to advise with any one. I know nothing of the feelings of my fellow prisoners and am utterly unable to attend to my own defense. If a fair trial is to be allowed there are mitigating circumstances to be urged. But, if we are forced with a mere form, a trial for execution, you might spare yourselves that trouble. I am ready for my fate." Two very able Virginia attorneys were assigned as a matter of State form as counsel for Brown. They were Honorable Charles J. Faulkner of Martinsburg, afterwards United States Envoy Extraordinary to France, and Judge Green, Ex-Mayor of Charlestown. The county grand jury indicted Brown on three separate charges: first, conspiracy with slaves for purposes of insurrection; second, treason against the commonwealth of Virginia; third, murder in the first degree. Mr. Faulkner withdrew from the case and Mr. Lawson Botts took his place. Mr. Samuel Chilton a learned lawyer of Washington, D. C., and Judge Henry Griswold of Ohio, another distinguished attorney, volunteered their services as counsel for John Brown and were accepted. Some of Brown's friends sent an excellent young lawyer named George H. Hoyt from Boston, as additional counsel. These attorneys made an able defense, whatever may have been their private opinion as to Brown's guilt or innocence. The prosecuting attorney for the State of Virginia was Andrew Hunter, an exceptionally brilliant orator and able lawyer. He was a courtly and commanding speaker. He was gifted with a rich and powerful voice. After the indictment of Brown by the court of justices, the prosecuting attorney of Jefferson county, Mr. Charles B. Harding left the prosecution almost exclusively to Mr. Andrew Hunter, who represented the State. So too, after the arrival of Brown's chosen outside counsel, Judge Green and Mr. Lawson Botts withdrew, in good taste, from his defense.