Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-02-07
The Hnrpcr's FERRY TrInla.

CuARLESrowH, Feb. 2-Thc Court opened OF
10 o'clock this morning, Judge John kenney
presiding
The prisoner (Stcven>) was brought in by
the jaor and guard. lie appeared to be in
perfect health.
Mr. Scnnett. his counsel suggested 10 the
Commonwealth the propriety Of announcing
whether it would elect to try one or all OF the
counts, or whether they relied upon one or all
for the conviction. lie also read i letter from
President Buchanan in reply to inquiries made
in regard to the trial. lie thought the Com
nlonwealth had acted in bad faith towards tho
prisoner in removing his case to the federal
Court, and then rcceding from that determine.
tion and be thought the indictment should be
quashcd.
lie appealed to the mercy Of the Court, for
it certainly would be an act Of mercy to scnd
the prisoner to Staunton for trial.
Mr.. Harding. on the part Of the Common
wealth, said he had not made the proposition
for the removal Of the case. and had strongly
protested against it throughout the trial. he
Va, at first willing TO turn NIL the prisoners
over to the Federal authorities, but after the
State dccltcd to try them, he was opposed to
any change. lie did not consider Gov. Wise
had authority to make the change, and the
thing was done under his protest.
Mr. Hunter went into detail OF the cir
cumstances which led to the change Of the
place of trial and denounced as utterly untrue
the assertion of Mr. Sennctt, that Stevens was
forced to plead at the late term Of the court.
Mr. Sennctt disclamcd any intention to re-
fleet OIL any one, and spoke cloquentIy Of the
State OF Virginia, hoping hi; tongue might
wither before he should speak in any butterms
OF praise OF the noble old State Of Virginia.
When the offer was made TO send Stevens to
Staunton he thought as it was 4 matter of life
and death, he had better accept the offer, else
he would share the fate of Brown.
Judge Kenney, after stating his understand
ing of the motion Of Mr.. Scnnctt. stated that
there was nothing to show that Virginia had
ever made legal surrender Of the prisoner
lie would pay no attention to political intu.
enccs and the prisoner should have rs fair
trial as any Southern man could possibly have.
He could only look on it as an appeal OF the
counsel for the defence for the State ~ trans.
fer the case and lie would have to reject the ap-
peal.
Mr.. Harding moved 4 mile 1rostqui OF the
old indictments, rs the prisoner would be
tried on the Indictments brought in yesterday
Mr. Scnnet requested the commonwealth to
select ono count in the indictment, in order to
render the CASE less complicated and in justice
to the prisoner.
Mr.. Hunter replied, quoting number Of an-
thoritics 10 show the legality Of tho course taxi
en-, and declining TO recedc from any connt III
the Indictment deerning all necessary.
Mr. Harding objected TO the motion OF Mr..
Scnnctt to elect one Indictment, and argued that
all the counts were Of the same degree, as all
were punishable by death, and that each was
an indictment in itself, and were necessary to
render the case free from embarrassment. He
quoted 4 number Of authorities 10 show the
correctness Of his position.
Judge kcnney said he could not see how 1t
could cmbarrasS the prisoner by Jolndcr oi
all tho counts. The object was to give the
prisoner all the chances in his favor; but
still the commonwealth had the right TO main
tain that the prisoner was regarded as inno-
cent until proved guilty. He therefore re-
icctcd the motion Of counsel for selecting one
count
Mr.. Senne,t stated that he would present c1-
ceptions to the ruling Of the court at the proper
time.
This argument Of the counsel occupied more
than two hours, and Stevens was not called
on to plead to the indictment until after II
o'clock.
The reading Of the indictment occupied ten
minutes, during which time he stood up in IN
erect manner, not moving muscle, and nc an
swcred to the charge with an unfaulterlng voice
mot guilty"
The empanueling Of the jury was then COM
menced, and the whole twenty-four we're e1-
| hausted without securing jury.
Additional talesmen were summoned, put AZ
the hour Of adjournment, three O'clock the )u'
~ was not complete.
Before the court adjourned NJ! Hunter SAID
he had lust been handed paper from Gov.
L.c,cher, informing him that = brother Of
Connie had been arrested in Iowa.
Judge Kenny gave orders for another grand
;rrv Which will meet tomorrow at ten o'clock.
The prisoner Stevens made his appearance in
court in a new suit Of clothes. lie appeared in
good spirits.
The courtroom was crowded during the NOR.
ming and much interest was manifested in the
proceedings. This case will occupy several
days. The witnesses in the case OF Iiazlett have
been discharged till Monday. The jurors for
his case have been summoned from Frederick
county, as it is impossible to get them here.