Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-02-03
THE JOHN BROWN RAID.
Trial of Stevens and Hazlett.

CHARLEsrowN, Feb 2.-The Court opened at 10
O'Clock a. m, Judge Kinney presiding.
The prisoner Stevens was brought in by the
Tailor and guard. He appeared to be in perfect
health
Mr. Sennott, his counsel suge ested to the Com
monwealth the propriety Of announcing whether
ii would elect TO try one or all Of the counts, or
whether they relied upon one or all for a convic-
ton. He also read letter from President Buch-
anan, in reply TO inquiries made In regard to the
trial. He thought the Commonwealth had acted
In bad faith towards the prisoner in removing his
case to the Federal Court and then recedng from
that determination; and he thong ht the indictment
should be quashed lie appealed 10 the mercy OF
the Court, for il certainly would be an act Of
mercy to send the prisoner TO Stanton for trial
Mr.. Harding, on the part of the c Commonwealth,
said be had not made the proposition for the re-
moval OF the case, and had strongly protested
against II throughout the trial He was at fist
willing to turn all the prisoners over TO the Fed
eral authorities but after the State decided to try
them be was opposed to any change He did not
consider Gov. Wise had authority to make the
change. and the thing was done under his protest
Mr.. Hunter went into a detail of the circum-
stances which led TO the change Of the place of
trial and denounced utterly untrue the assertion
Of Mr.. Sennott, that Stevens was forced to plead
at the late term Of the court.
Mr.. Sennott disclaimed any intention 10 refe
on any one, and spoke elcquently OF the State OF
Virginia: hoping his tongue might wither before
he should speak In any but terms of praise Of the
noble old State Of Virg inia. When the offer was
made to send Stevens to stanton he Thought as
II was matter Of life aud death. he had better
accept the offer, else lie would share the fate of
Brown.
Judge Kinney, after stating his understanding
OF the motion OF Mr. Sennott, stated that there was
nothing to show that Virginia had made a
legal surrender Of the prisoner. He would nav no
attention 10 political Influences and the prisoner
should have as fair a trial as any southern man
could possibly have. He could only look upon it
as an appeal of the counsel for the defence for the
state to transfer the case, and he would have to
reject the appeal.
Mr.. Harding moved nOHs pros,qui on the old
indictment. as the prisoner would be tried on the
indictments brought in Yesterday
Mr.. Sennott requested the Commonwea to
select one count in the indictment, in order 10
render the case less complicated, and in justice TO
the prisoner.
MIR. Hunter replied quoting a number Of au-
th"rities to show the legality Of the course taken
and declining to receAe from any count In the in
di"tment, dsening all necessary
Mr.. Harding objected to the motion Of MIR Sem
mott to select one Indictment and argued that all
the counts We're of the same degree as all We're
punishable by death, and that each was an indict-
case free from embarrassment. He quoted num-
Der OF authorities TO show the correctness of his
position.
Judge Kinney said he could not see how it
cou'd embarrass the prisoner by loinder of all
the counts 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
was regarded as innocent until proved guilty He
therefore rejected the motion Of counsel for select
Ing one count
Mr. Sennott stated shat he would present exoep
lions 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 70
plead TO the Indictment until after ~ o'clock
The reading of the Indictment occupied ten
minutes, during which time he stood up in an
erect manner, not moving muscle. and answered
to the charge, with an unfaltering voice, " Not
Guilty ;
The empaneling Of the Jury was then COM
menced and the whole twenty-four were ex-
hausted without securing a jury. Additional
tiiesnen were summoned. but 1T the hour of ad-
Journment, o clock. the Jury was not com plete
beioIe the Court adjourned. Mr. Hunter said be
had just been handed paper from Gov Letcher
informing him that a brother of Coppic had been
arrested in Iowa
Judge Kinney gave orders for another Grand
jury, which Will meet tomorrow, at 10 O'Clock
The prisoner, Stevens. made his appearance i'm
Court In new suit Of clothes. He appeared in
good spirits
The Court room was crowded during the morn
ing, aud much interest was manifested in tb.
proceedings
The case will occupy several days. The wit
nesses In the case Of Hazett have been ischarged
I'LL Monday. The jurors for his case have been
summoned from Frederick county, as Ii is i'm
possible 70 get them here
Sennott, who defends Stevens and Hazlett Is
the Boston lawyer who was il will be remem-
bered, counsel for Green and Copeland Nh SEN
mott is regarded as a sound man the slavery
people, as did Mr. Hovt
The Jail is guarded the outside day and
nlght, whilst at night strong guard is on duty
within.
Stevens and Hazlptt are in perfect health and
appear To be anxious for their trial to proceed
Much interest is manifested by citizens. aIthmob
the fate Of the prisoners is Of regarded as
fixed