The day book. [volume] (Norfolk, Va.) 1857-1867, 1860-02-06
Trial of Stevens at CharlestOWn,

va.
We gave last Friday, by telegraph, an &C :
count of the indictment of Stevens and Haz-
lett, the Harper's Ferry conspirations, for
"murder, treason and conspiring with slaves
torebel." The following is synopsis of the
second days proceedings:
CHARIEsrowN. Fab. 2.-The Court opened
at 10 O'Clock this A. M, Judge John Kim
ney presiding.
The prisoner, Stevens, was brought in by
the jailor and guard. He appeared to be in
perfect health.
Mr.. Sennott, his counsel, suggested to 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 a conviction. He also read a let
ter from President Buchanan, 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 rece-
ding from that determination, land he thought
the indictment should be quashed. He ap-
pealed to the mercy of the Court, for it GER
talaly would be an act Of mercy to send the
prisoner to Staunton for trial.
Mr.. Harding, on the part of the Common
wealth, said he had not made the PROPOSE
ton for the removal of the case, and had
strongly protested against it throughout the
trial. He was at first willing to turn all the
prisoners over to the Federal authorities, but
after the State decided to try them, he was
opposed to any change. He did not consider
Governor 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 I'M
true the assertion of Mr.. Sennott, that Ste
vens was forced oplead at the late term of
the Court.
Mr.. sennott disclaimed any intention to
reflect on any one, and spoke eloquently of
the State of Virginia, hoping his tongue
might wither before he should speak in any
but terms of praise of the noble cid State of
Virginia When the offer was made to send
Stevens to Staunton he thought, as it was a
matter OF life and death, he had better ae-
cept the offer, else he would share she fate
of Brown.
Judge Kinney, after stating his under
standing OF the motion OF Mr.. Sennott stated
that there was nothing to show that Virginia
had ever made legal surrender of the pri
soner. He would pay no attention to politi
cal influences, and the prisoner should have
fair trial as any Southern man could posi-
bly, have. He could only look on as an ap-
peal OF the counsel for the defence for the
State to transfer the case, land he would have
to reject the appeal.
Mr.. IL arding moved aoHe prosequi on
the old indictment, as the prisoner would
be tried on the indictments brought in yes
terday.
Mr. Sennott requested the Commonwealth
to select one count in the indictment, in Or
der to render the case less complicated, and
n justice to the prisoner.
air. Hunter replied, quoting a number OF
authorities to show the legality of the course
AIKEN, and declining to recede from any
'ount in the indictment, deeming all neces-
airy.
Mr. Harding objected to the motion of Mr.,
Sennett to select one Indictment, land argued
nat ali the counts were OF the same degree,
rs all were punishable by death, and that
each was an indiuctment itself, and was ne
;essary to render the case free from EN-.
barressment. He quoted number of au.
thoratles to show the correctness of his no
sitien. ~
Judge Kinney said he could not see how it
could embarrass the prisoner by ioinder
OF all the connts. The object was to give the
prisoner all the chances in his favor. hut
still the commonwealth had the right 70
MAINTAIN that the prisoner was regarded as
Innocent until proved guilty. He therefore
rejected the motion of counsel for SELECTING
one count. Mr. Sennott stated that be wouId
present exceptions to the ruling of the Court
at the proper time.
Inc argument of the counsel occupied
more than two hours, and Stevens was not
caiieo on 10 plead to the indictment until
after IL o'clock.
The reading OF the indictment occupied
ten minutes, during which time he stood ND
and he answered to the charge, with an un-
altering voice, "Not guilty."
inc enpaneling of the jury was then com
Menced' and the whole twenty -four were
Exhausted without securing jury. Add
tlonal talesmen were summoned, but at the
hour OF adjournment, o'clock, the iury was
not complete. Before the Court adjourned.
Mr.. Hunter said he had just been handed a
paper from Governor 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
n Court in new suit OF clothes. He appear
I'd in good spirits.
The Court room was crowded during the |
and much interest was manifested
n the proceedings.
The case will occupy several days. The
witnesses in the case of Hazlett have been
discharged till Monday. The jurors for his
case have been summoned from Frederick
county, as it is impossible to get them in this |
county.
Abolishing the Grand Jwy.-Last winter
he Michigan Legislature enacted a law that |
virtually abolished the grand jury system, |
having made it optional either to indct upon |
or to empanel jury, and the |
ormer is rereiyinp the decided rorafarapoa