Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1860-02-04
Trial Of stephens. tho Conspirator, at
Charlestown.


| CuARLrsrowS, Fob. 2.--Thc court opened at IL
O'Clock this morning, Judge John kenney presd
The prisoner (Stcvcns) was brought in by the
jailor aud guard. lie appeared to be in perfect
health.
Mr. Sennett. bis counsel. suggested to tho com
monwealih the propriety Of announcing whether
il would elect 10 try one all Of the counts, or
whether they relied upon one all for the con
vic,ion lie also read IL letter from President Blu
chanan in reply to inquiries made in regard 10 the
trinl. lilo thought the commonwealth had ace
in bad faith towards the prisoner in removing his
case 10 the federal court, aud then receding from
that determination. and hc thought the indictment
should be qnashcd.
lilo appealed TO the mercy If the court for il
certainly would BIO an act Of mercy 10 send the
prisoner 10 Staunton for trial.
Mr.. Harding. on tho part Of tho commonwealth.
said he had not made tho proposition for the reno
val of tho case, and had strongly protested against
il through ont tho trial. lie was Mt first willing tn
turn all the prsoncrt over II the Federal nuthori
ties but after the State had decided 10 Try them
he opposed 10 any chang. lie did not con
slider Governor Wisc had authority to make tho
change and the thing WINS done uader his pro-
| test.
Mr.. Hunter went into u detail of the crcum
stances which led TO the change Of tho place Of
trial aud denounced us uttcry untrue tho assertion
OF Mr.. Scnnett that Stevens was forced to plead
MT the late term If the court
Mr.. Scnnea disclalmcd any intention to reflect
on any one, aud spoke eoqorntly OF the Stat" II
Nirginla hoping his tongue might withcr before
he should speak III any but tcrm- Of praise Of the
noble old State Of Virginia When the offer was
made to send Stevens 10 Staunton he thought. ~
| II was n matter Of life aud death. he had bC-taF
accept the oiior, else he woull share the fate #
Brown.
Judge Kcnncy after stating his understanding
ot the motion OF MIR Seuneii stating that there
was nothing to show that Virginia hnd ever made
n legal surrender of the prisoner lie would pay
no attention to political Influence, and the prison
or should have rs fair IA tra, ~ any Southern man
could possibly have. lie could only look On it
IN appeal OF tho counsel for tho defense for the
State to transfer the case aud he would reject the
"ppea'', !, .,;., .,.r,, ,.,,, ,,....,,,, -, H.. -,
indictment, as the prIsoncr would be tried On the
indictments, brought in yesterday.
Mr.. Scuheu requested the commonwealth to Sc
lect one count in the ndctment,in order to render
the case less complicated and in justice To the pr
soncr.
Mr.. Hunter replied, quoting number ol nutho-
rites to show tho legality of the course taken nnd
declining to rccede from any count in the indIct.
mcnt. dccming all necessary,
Mr. Harding objected to the motion of Mr.. Sea
nett to elect one indctmcnt.and argued TINT all the
counts wore of the Same degree. rs of punishable
by death and that ench was an indictment IN itself
and was necessary TO render the case Il &c from en-
barrassmcnt. lie quoted II number ol uuthorl.
ties to show tho correctness o his position.
Judge Kenny sud lecould not how 1t could
embnriass the prisoner by a ioinder of NIL the
counts. The object WAS To give the prisoner all
the chances in his favor but still tho common
wealth had the right to maintain that tho prison
cr was regarded M innocent until proved y lily.
He therefore rejected tho motion OF counsel ior
selecting one count:
Mr. Scnnc,t stated that he would present cx.
captions IL tho ruling Of the court Mt the proper
tune.
This argument Of the counsel occupied more
than two hours. and Stevens was not called On tn
plead 10 the Indictment until after L. o'clock.
! The reading OF the indictment occupicl ten min.
utcs during which time he stood up in n, erect
manner, not moving n muscle. and he answered 10
the charge with m uinulterinE VOICE mot guilty
The cmpanneling of the jury then com.
mcnecd and the whole twenty FUR were exhaust
ed without securing Jury
Additional talesmch were summoned, but mt
the hour Of adjournment, three clock, the Jury
WAS not complete.
Before the court nd oulned Mr. Hunter said he
had just been handed paper from Goy. Let,hcr,
informing him that n brother Of Noppie la been
arrested in Iowa.
Judge kenney gave orders for another grand
, jury, which will meet to-merruw Mt ten O'clock.
III prisoner Stevens made his appearance in
court in new suit of clothes. lie appeared IN
good spirits.
The courtroom was crowded during the morn
ing and wurh interest was manifested in the pro.
ceedings The case will occupy sevcrals days.
The witnesses in the ease of laGlitt have been
discharged till Monday. Tho Jurors for his case
have been summoned from Frederick county as it
Is impossible to get the m here.