Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1860-02-07
TRIAL OF STEPHENS,

.-,..--'s. ..'- CHARtEsTowN, Va, Feb. E..
The town is thronged to-day to witness
the proceedings of the trial Of Stephens,
one of the Harpers Ferry conspirators.
At II O'Clock the Court opened, Judge
John Kenney, of Rockingham, presid
ing, Judge Parker being engaged in hold
ing the regular town court in Hampshire
county.
The Grand Jury, of which R. ~.
Shirley is foreman, was sworn. 'i'fl'
The Judge delivered his. charge, and
in referring to the Harper's Ferry inva-
sion, said: '.''' .s 'f4. r.
''Itis known to you and is now part
of the history fthe country, that on the
night Of the 10th of Oct. last, a band of
traitors, murderers and incendiaries
stealthily made descent on the soil of
Virginia, in the county Of Jefferson, and
wantonly murdered several of, our ,citi-
zens and people with the design to in
cite our slaves to revolt and to subvert
our government Some of these .despe-
radoes and others, the dupes of design
ing towards, were captured and punished
according to their deserts, but there are
some engaged or supposed to have been
engaged in this foray who have not as
yet been apprehended and others who
are believed to have been actively en-
gagged in this tragedy, but who are not
yet known, to the public. ,'-4' ''''
1t will be your duty, and | believe your
pleasure also, to inquire who was guilty
of polluting our soil, and attempting to
dishonor. the sovereignty of Virginia, q
deem it unnecessary for me to re-
commend you to conduct your inquiries
with that GOODNESS, justice and good sense
which has distinguished your predecess-
ors in their inquisition, and which has
met the ap probation Of the good and pat,
riotic citizens of our common country
So conduct your inquiries that the bright
escutcheon Of your beloved State shall
not be dimmed by passion or groundless
suspicion, and also let them be conducted
without fear, favor or affection, as you
may elicit the truth, the whole truth
and nothing but the truth. -
The jury then retired to their room
and the witnesses in the case of the Com
monwealth VS.. Aaron D. Stephens were
sent up.
Before the jury retired, Mr.. Harding
District Attorney, made an address te
them.
After an absence of an hour, they re-
turned with bill against Stephens
charging him with murder and treason
and conspiring with slaves to create re
bellion. .....s..
|. i The witnesses in the case Of the com
monwealth VS.. Hazlett were then sent
up, and an Indictment Of the same char
aeter was shortly afterward returned
against him. 49,. a.. ..... IT
The work of empanneling the jury in
the case of Stephens, was postponed un
til tomorrow, in order to allow counse
time to examine the Indictment against
him. .,..-3f -. f.,.,.... o.. :.
Stephens and Hazlett will be defended
by Mr.. Sennett. The commonwealth is
represented by Andrew Hunter. n
It is deemed unnecessary, at present
to increase to any extent the military
fore, now here The only addition thai
has been made,7 is a company of II
cavalry, from Shepardstown.o o No fears
entertained of an attempt at rescue. ~
The court opened at 10 o'clock this
morning g. Judge ohm K emmy presiding
Stephens was brought in by: the jailor
and his guard, in seeming perfect health
Mr. Sennot suggested to the Common
wealth the proprietys of announcing
whether it would eject to try one or all
the counts, or whether they relied upon
one or all for conviction. 1. sfi:s"5 af
He also read a letter from President
Buchanan in regard to inquiries in regard
to the trial. ;lfa"'0 an 80 ~ ~ IL .a
/ He thought the commonwealth had
not acted in good faith to the prisoners
in removing the cese to the Federal
Court and then receding from that de-
termination. 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. ,.-.. ~. .,
Mr.. Hardin for the commonwealth had
not made proposition for removal, and
stongly protested against that through
out the trial He was at present willing
to turn them all over to the Federal au-
thority to make the change. ,.,...:,..
Mr.. Hunter denounced as utterly ,un-
true, the assertion of Mr.. Sennott that
Stephens. was. forced to plead at the late
term of Court. :. ..-.. -, f..t,f
Mr.. .Sennott disclaimed any intention
to reflect on any one, and spoke eloquent
ly of the State of Virginia, hoping his
tongue might .wither before he would
speak in any but terms Of praise of the
State. When the offer was made to send
Stephens to Staunton,, he thought he
should better accept the offer, for it was
matter of life and death, and he might
share the fate of Brown. s1.. ..2
Judge Kenny, after stating his under
standing Of the motion of Mr.. Sennott,
said there was nothing to show that Vir-
ginia ever made legal surrender of the
prisoners, He would pay no attention
to political influences, and the prisoner
would have as fair trial as any South
ern man could have. He could only
look on it as an appeal of the counsel
for the defense to transfer the case, and
would have to reject the appeal.
Mr.: Harding moved nolle prosequi on
the old indictments, as the prisoners
would have to be tried on the indictment
brought in yesterday. .-a. reis
MIR. Sennott requested the committee
to select one count in the indictment, in
order to render the case less complicated
and injustice to the prisoner.
Mr.. Harding replied, quoting a num-
Der of authorities to show the legality
of the course taken, and declining to
recedefrom any count on the indictment,
deeming them all necessary. 1a. "l&-f, 2