Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-02-03
The Harpers Ferry Invasion-The Trial of
Steoheus.

CHARLEsTowN, Va, Feb. 1.-The town is
thronged to-day to witness the proceedings Of
the trial of Stephens, one Of the Harpers Fer
ry conspirators. At IL o'clock the Court
opened Judge John Denny of Rockingham
presiding, Judge Parker being engaged in
holding the regular Town Court in Hampshire
county. The grand jury, of which r. E. Shir-
ley is foreman, was sworn. The judge deliv
cred his charge, and in referring to the llar-
pers Ferry invasion, said sit is known to you,
and is now part of the history Of the cOun-
try"
CHARLEsrowN, Feb. 2.-The Court opened
at 10 o'clock this morning, Judge John Den
ney presiding. Mr.. STEPHENS was brought in by
the jaor and his guard, seeming to be in per-
feet health. Mr.. Sennott suggested to the
Commonwealth the propricty OF announcing
whether it would eject TO try one or all OF the
counts, or whether they relied upon one or all
for elimination. He also read Il letter from
President Buchanan in reply to inquiries in
regard to the trial. He thought the Common
wealth had acted in bad faith towards the pris-
oner in removing the case to the Federal
Court. and receding from that determination,
and though the Indictment should be quashed.
He appealed to the mercy Of the Court, for 1t
certainly would be an act Of mercy to send the
prisoner to Staunton for trial
Mr.. Harding, for the commonwealth, had not
mlde a proposition for removal, and had
strongly protested against it throughout the
trial. lis was at first willing to turn them all
over to the federal authorities, but after the
state decided to try them, he was opposed to
any change of trial. He did not consider Gov.
Wise had authority to make the change.
Mr. Hunter denounced as 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 to re-
fleet on any one, and spoke eloquenty 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 Stevens to Staunton, he thought
he should accept the offer, for it was matter
of life and death and he might share the fate
of Brown.
Judge Denney, after stating his understand.
ing of the motion of Mr.. Sennott, said there
was nothing to show that Virginia ever made
legal surrender of the prisoner. He would
pay no attention to political influences, and the
prisoner should have as fair a trial as any
southern man could have. He could only look
upon appeal Of the counsel for the defence to
the state, to transfer the case, and would have
to reject the appeal
Mr.. Harding moved Il nolle prosequi on the
old indictments, as the prisoner would have to
be tried on the indictments brought in yester-
day.
Mr. Sennott requested the commonwealth tc
select one count in the indictment, in order tC
| render the case less complicated and unjust tC
the prisoner.
Mr. Hunter replied quoting a number Of
authorities to show the legality of the course
taken, and declining to recedc from any count
in the indictment, deeming them unnecessary
Mr. Harding objected to the motion of Mr.
! Sennott, and argued that all the counts ere
of tho Same dpeioO al Ivaro Shah lo by
death Each was an Indictment in itself, anC
all were necessary to render the case free from
embarrassment. He quoted number of au
thorities, TO show the correctness of his posi-
ton.
Judge Denney said it was considered there
was no rCjoinder in the case. 1t is insisted
that this is calculated to embarrass the prisoner
in his defence. The object was to give the
prisoner all the chances in his favor but still
the Commonwealth had the right to maintain
that the prisoner is regarded as innocent until
he is proved guilty. He therefore rejected the
motion Of the counsel for selecting one count.
MIR. Sennott stated that he would present his
exceptions to the Judge at the proper time.
The argument of the counsel occupied more
than two hours, and Stevens was not called
upon to plead to the indictment till after l.
o'clock
The reading of the indictment occupied ten
hlllutes, auu during llat Tune the prisoner
stood up in an erect manner, not moving
muscle, he answered the charge in an unfalt
tcrng voice. The empanelling of the Jury
then commenced and the usual number of 2.
was exhausted without jury being secured
Additional talesmen were summoned, but a
the hour Of adjournment, 3 O'Clock, the pane
was not complete.
Before the court adjourned, MIR. Hunter sale
he had just been handed a paper from Gov
Letcher, informing him of the arrest Of a
brother of Coppc, in Iowa. Judge Denney
gave orders for another grand jury, which will
meet tomorrow at ten o'clock
Stevens made his appearance in court in a
new suit, and seemed in good spirits. The
room was crowded. The case will occupy
several days. Hazleton was discharged till
Monday. The jury for his case have been
summoned from Frcdericks county. 1t is inn
possible to get them from here,