The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-02-04
THE TRIAL, OF STEVENS

CHARLEsTowN, Feb. 2.-The Court opened at 10
O'Clock this morning, Judge John Kenney presid-
ing.
| Stevens, the prisoner, brought in by the
jaor and guard, seemingly in perfect health.
Mr.. Sennott, the counsel for the prisoner, sug-
gested to the Commonwealth the propriety of an
nouncing whether it would elect to try one or all
of the counts whether they relied on one or all
for conviction. He thought the Commonwealth
had acted in bad faith towards the prisoner in re-
moving the case to the Federal Court and then re-
ceding from that determination, and thought the
| Indictment should be quashed. He appealed to the
mercy of the Court, for it certainly would be an
act OF mercy to send the prisoner to Staunton for
| trial.
Judge kenney, after stating his understanding
OF the motion of Mr.. Sennott, stated that there was
nothing to show that Virginia had ever made le-
gal surrender of the prisoner. He would pay no
attention to political influences and the prisoner
should have fair trial as any Southern man
could possibly have. He would only look on it as
an appeal OF the counsel for the defence to transfer
the case and would have to reject it.
Mr.. Harding moved a nolle proseqai the old in
dictments, the prisoner would be tried ON the
indictments brought in yesterday.
Mr.. Sennott requested the Commonwealth to Sc
ect one count in the indictment in order to render
the case less complicated and in justice to the pria-
Judge Kenney said it was conceded that there
was reoinder in the It's insisted that the
indictment as it stands is calculated to embarrass
the prisoner in his defence. 1t was high discre-
ton asked of the Court, and he could not see how
rejoinder to all the counts could embarrass the
prisoner. The object was to give the prisoner all
the chances in his favor, but still the Common
wealth had the right to maintain that the prisoner
wa regarded as innocent until proved guilty He
therefore rejected the motion of counsel for select
ing count
Mr. SennOtt stated that he would present ex-
captions to the ruling of the Judge at the proper
time
The argument of counsel occupied more than two
hours, and Stevens not called on to plead to
the indictment until after twelve o. clock
The reading of the Indictment occupied ten
minutes, during which time Stevens stood up in an
erect manner, not moving muscle and answered
"Dot guilty to the charges with an unlaltering
voice.
The empanneling of the jury then commenced,
and the number of twenty-four jurors was exhaust
ed without securing jury. Additional talesmen
were summoned, but at the hour of adjournment,
3 O'Clock, the jury was not complete.
Before the Court adjourned, Mr.. Hunter said that
he had just been handed paper from Governor
Leteher, informing him that a brother of Coppie
had been arrested in Iowa.
Judge henney gave orders for another Grand
Jury, when VIII meet tomorrow at 10 o'clock.
Stevens made his appearance in the Court in
new suit, and appeared in good spirits. The case
will occupy several days. The witnesses in the
case of Hazet were discharged until Monday next
The Jurors for the trial of his have been sum-
moned from Frederick county-asit would be i'm
possible to get them here.