Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-11-09
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The excitement 10 raeard % the Harpers
Ferry conspirators still continues, and fair
progress is being made by the court in the
disposal Of the cases The case Of the free
negro Copeland was brought 10 a close on
Saturday afternoon, the jury finding YER
Diet Of not guilty Of treason, as charged in
the first count Of the indictment, he not be-
ing recognized rs citizen; anj guilty Of
conspiracy with slaves 70 rebel, and Of mur-
der, as charged in the second and third
counts. The case was ably argued by An
drew Hunter on behalf Of the State; the
| prisoner was defended BY Geo, sennott, ESQ
( Of Boston, who labored with mush zeal for
bis client A bill Of exception, and a mo-
tion for tho arrest Of Judgment was enter.
ed by the prisoners counsel, which will be
disposed Of tomorrow morning.
CAsE or Carr CooE.--Th court assem-.
bled at 10 O'Clock, A. 81, on Monday, and
Was called to order by Judge Parker. The
grand jury was sworn and Immediately pro,
ceeded o,their room 70 consider the case Of
Capt Cook ApumbeF Of witnesses were
summoned and the jury was absent for
about two hours
On the re assembling Of the Court, Mr..
Harding the Prosecuting Attorney, stated
that as q number Of witnesses in the case of
Cook who would not be in Stephens case
were present. he would, if agreeable TO the
counsel or the other side, move to take up
the case Of Cook first r. Q. Green, ESQ.
one OF the counsel for Cook, said that as
the counsel had not yet had time 20 read the
Indictment, and had not vet decided what
plea TO enter 20 the charge; he was unable TO
proceed in tho case aud would prefer that
the Commonwealth would proceed with the
case Of Stephens, which would allow them
time 90 prepare for the case of Cook. The
case of Stephens was called up. stephens
was accordingly brought into Court and
placed on a matrass he is looking pale and
haggard; the abstinence from food and the
large quantity Of medicine taken by him
having had decided effect on him. He
bears up under his wounds with much for,
titude His counsel, Mr. Sennott, who had
endeavored TO have his trial moved to an
adjoining county but was refused, appeared
and the empanelling Of jury was proceed,
ed with
After a considerable number Of iurymen
had been obtained, MIR. Hunter arose and
stated that he had just received dispatch
which would probably interfere with fur,
ther proceedings in the empannolliug Of
jury. Ho then read the following telegraph
dispatch from Gov. Wise:
| n
Dear Sir: | think you had better try Cook
and hand Stephens over to the federal au-
thorities,
(Signed) "Respectfully, II. A. Wise"
Mr.. Hunter stated that he had been in
correspondence for several DAYS with Gov,
Wise, and had in his possession a number of
facts important to the development of this
case which were unknown to the public.
aud would for the present remain so. He
had since his last letter to the Governor,
come into the possession of other fact 8
which pointed to Stephens as the most
available party to be handed over to the fed.
eral authority, as he felt assured enough
would be ascertained to result in bringing
before the federal bar a number of promi.
nent abolition fanatics Of the North.
| Mr.. Harding objected to the proceedings,
and insisted that the case should be pro-
ceeded with. He was not in leagne with
Gov. Wise or any one else He was lot feed
by any one, and would only receive as
compensation for his labors in the case the
small pittance allowed by the circuit court.
MIR Sennott remarked that he had not
consulted with his client and as the Jury
had partly been chosen he would not con-
sent that the State should hand over TO the
Government the prisoner--for what purpose
was known to Governor Wise, and had been
loreshadowed by the remarks of Mr.. Hunter.
If time had been allowed, the trouble had in
the empaunelling of the jury would have
been dispensed with.
Mr. Hunter then remarked that he would
then proceed Immediately with the case Of
Stephens, and hand over the prisoner Haz.
lett, who has not yet been indicted to the
federal court IL was material whether Ster
phens would prefer trial or not.
Mr., SennOtt then asked delay of q mo, |
ment for consul tation with Stephens; after
which he announced that the prisoner ac'
cepted the offer Of the state to hand him |
over to the federal authority, and would |
therefore prefer to be remanded to Jail
Mr.. Harding desired the Clerk to enter his |
earnest protest against the whole proceeds
ings He considered the whole proceedings
wrong, and wished it so shown on the dock,
OF.
Judge Parker to the Clerk--Do no such
thing. wish no such protest on the docket
of this court.
The prisoner was then handed TO u. s
Marshal Martin, and lodged in jail, where he
will remain until the federal court at Stann,
ton, which will not meet for some time.
The jury was accC rdingly discharged, and
large number of the free holders of the
county we're summoned to appear to-mor,
row morning at 9 clock, when the case of
Cook will be taken up. 1t will excite a
large degree of interest Cook will be de.
Tended by Mr.. Voorhees,, district attorney of
Ia, and Messrs Lawson Bolts and Green.
of our own bar. The prosecution will be
conducted by A. G. Hunter The prisoner
seems to be in fine spirits, and is not with-
out hope of a verdict in his favor. Gey.
Willard and Mr.. Crowley, his brothers-in,
law will be present during the enrre trial.
CHARLESTON, Nov. s.
The trial of Cook commenced this morn.
ing, when his confession was read in open
court. A jury was then empannelled and