Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1860-02-04
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Trial Of Stephens.
CHARLEsrows, Va Feb. 2-Tbe town Is
thronged to-day to witness the proceedings
of the trial of Stephens, one of the Harper's
Ferry conspirators. At IL clock the court
opened, Judge John Kenny. of Rockingham,
presiding, Judge Parker being engaged in
holding the regular town court in Hampshire
county. The grand jury, of which r. v
Shirley is foreman, was sworn. The Judge
delivered bis charge, and in referring to the
Hsrper's Ferry invasion said: at is known
to you aud is now part of the history of
tue country. that on the night of the 18th of
October last band of traitors, muIderers.
aud incendarics sIealthly made descent on
the soil of Virginia. in the county OF Jeffer-
son, and wantonly murdered several of orr
citizens aud people. with the design to incite
our slaves to revolt aud to subyert our Gov
ernment. Some of these desperadoes, and
Others the dapes of designing towards. were
captured, tried and punished according TO
their deserts.
But there are some engaged or supposed
TO have been engaged in this foray who have
not yet been apprehended, and others who
are believed TO have been actually engaged
In this tragedy, but who are not yet known
to the public. 1t will be your duty aud |
believe your pleasure also to inquire who
was guilty of polluting our soil and attempt
ing to dlshoncr the sovereignty of Virginia.
L deem 1T unnecessary for me to recommend
you 10 conduct your inquiries with that cool
ness. justice and good sence which has dis
tinguishcd your predecessors in their inqui-
sition, and which has met the appreciation of
the patriotic and good citizens of our COM
mon country; SO conduct your inquiries that
the bright escutcheon of your beloved State
shall not he dimmed by passion or groundless
suspicion, aud 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 aud
the witnesses in the case of the Common
wealth VS.. Aaron ID. Stephens were sent up.
Before the jury retired, NJ. Harding. Dis
tr.c Att rney, made an adt re- to tb1m.
Alter an absence of an hour they re.urned
with bill against Stephens, charging him
with murder and treason. and conspiring
with slaves 10 create rebellion.
Tie witnesses in the case of the Common
wealth Us. HaZlett were then sent up. and an
Indictment of the same character was shortly
afterwards returnt against bin. The work
empanneling the jury in the case of Stephens
Was postponed until Tomorrow, in oIder TO
allow the counsel time to examine the in
dictments against him. Stephens and Haz-
lett will both lie defended by Mr.. Sennott.
The COmmonw ealth is rcpresentedby Andrew
Hunter.
1t is deemed unnecessary. at present to in
crease 10 any extent the military force now
here. The only addition that has been made
is a company of 20 cavalry from Shepherds
town.
No fear is entertained of an attempt to res
cue the prisoners.
The court opened at l O'Clock this after
noon. Judge John Kenny presiding.
Mr.. Stephens Was brought in by the jailOr
nd iu faot 3
suggested to The Commonwealth the pr, prize
ty OF announcing whether it would elect 10
Try on one or all the counts, or whether they
relied on one or all tor conviction. He also
read letter from President Buchanan in re-
gard TO inquiries in regard to the trial He
thought that the Commonwealth had not
acted in good faith to the prisoners In re-
moving the case 10 the Federal Court and
then receding from that determination, and
thought the indictment should he quashed
lie appealed TO the mercy of the Court, for il
certainly would bc act of mercy to send
the prisoners to Staunton for trial.
Mr. Harding. for the Commonw ealth, had
not made proposition Tor removal, aud
strongly protested against that throughout
the trial. He was at present willing ~ turn
them all over TO the Federal authority. hui
after the State decided 10 Try him. he OPP
| posed to any change OF trial. lie did moi
make the change.
Mr.. Hunter denounced, as utterly untrue
the assertion of Mr.. Sennott, that Stephen
was forced to plead ut the late term OF court
Mr.. Stnnot disclaimed any intention to re
feet on any one, aud spoke eloquently oil til,
State of irginia, hoping his tongue migL
wither before he would speak in any bu
| terms OF praise OF the State. When tne otfe
was made to send Stephens TO Slauuton, b.
| thought he had better accept the offer, for i
was matter of life and death, aud he Nigh
| share the late of Brown.
Judge kenLy. after stating his understand
| ing OF the motion of Mr.. Sennott said Their,
was nothing to show that Virginia ever mad,
a legal surrender of tue prisoner. lie woul,
| pay no attention to political influences, an,
the prisoner would have as fair Il trial as an,
Southern man could have. He could onil
look on il as an appeal of the counsel Tor TIA
defense to transfer the case, and would hav
| TO reject the appeal.
| Mr.. Harding moved nolle prosequi on tn
| old indictments, as the prisoners ould bav
| TO be tried ON the indictments brought in yes
| terday.
Mr.. Sennott requested the State to selee
one count in The Indictment. in order to rem
der the case less complicated, aud in iustic
/ 10 the prisoner.
Mr.. Hunter replied, quoting number o
authorities to show the legality of the cuurs,
taken and declining TO recede from an,
count In the indictment-deem them al
! necessary.