The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-06
THE TRIAL OF STEPHENS.
opening Arguments-New Indictment-
&c., &c., &c.
QUE CHARIEsTOWN CORRESPONDENCE

Opsning Arguments-New Indictment
&c., &C., &c.
QUIZ CHARLEsrowN CORRESPONDENTS.
THURSDAY, Feb. 2, 1862
rAe Court opened this morning at ten O'Clock, Judge
Nanny presiding Judge Parker understood to be great
y svsrse v trying any such cases Is Browns His
humanity and integrity are highly spoken Of. Judge
Kenny, his successor is an elderly gentleman of firm yet
benevolent aspect with heavy, white eyebrows, very
naked features, and slight stoop He rs tall ana TN
ana spectscles. He is very impartial deliberate
snd decided So far he lis concerned the prisoner viii
have fair trial without doubt
The prisoner Stephens brought inside the bar and
seated behind hs George sennott of Boston
Charls Harding the regular District Attorney, and
AsdIew H1n.er, Eq., appeared for the Commonwealth
The Grand Jury reported yesterday entirely new
hdSssments in which all the detected by counsel
n the old Indictment carefully avoided and all the
HAL omfsoDs supplied Stephens being called to plead 10
sse Of them, . lively discussion arose at the bar.
Mr. senpot.-May II please our Honor, have motion
kAs~e s that your Honor order them be mol prod,
al Of them. quash them that be refused being
With The prisoner consented 70 by him, and ratified by
ms Court at the last regular term AS statement OF the
litter addressed to the Of the United states and
NJ Bochsnsn's reply to it,
70 Hts E1ceency JAMES BUCHANAN President of the United
7he undersigned respectfully the
President " the Of Aaron D. Stephens whose counsel
Stephens arrested in the Amory grounds Harpers
r essmmaor under the authority Of the United s.e AZ
.ds.ed ar and other capital offences and against
" Nonmenwesl,h Of Virginia He forced pesi but
he humanity Of the Court would urge bis trial. which
Contrary 70 however he did not die of bis five
desperate all mortal wounds thoughi at to
bn The people, who fso shown hte sympathy for the
seners we're oeepy moved when tine Young man was
M on oed ne ,a MA 90 h os o1ar noase noor !ar
s A1 % was and rssy
defendant dings suspended despach SAID
tenaant be given the Of the United stses
Sepa a. ed 70 do 40 by the ,h nr %
wealth acquieseed and suspenne Of
Ne custody Of tho uDied etses and be tried courts
cut from private ad vices and from the pubic Of
y o. y, oS wo lsarn nns me - y
~ 80 - ~ 1ap @ h mae 20 snc accepted by
D. sSss SHADOW Of eopstan Noon Ss ps os s sne
n1pweaah stephens be again taken from The Mar
ehAls suaody and special o. the Court Of JET
rson COUNTY PROPOSED 70 Try him though the regular
ss Ss On as early as nay. =, ~.
sccorTng 70 tne oess OF ns and belief BE-
fuy pouirss of he Presideut What action snv th snth
ses Of e Unsd taken propose 70 take in tbe
se Of Stepbenss The foorn and desperate coud
on 81 NE an and hs uncompanng forat3de appeal for
ose g. ~ S Sa ws a c nh Ky nS mosa
70 The defendant and Is aw ed With rrss, ANXIETY
seh respect by his counsel the Presidents hum
rnr PRESIDENTS ANSWER.
wAsHrseroS. Dec N 1854
sssspSsd Andrew ss 70 ssos an
NJ naa oesn actually aeyered tae United
40 Is a. follow Sss coa sesp
= susor,ves Of he United states Undeded AZ vel wSeser
be WI be He y stu In the Charlestown Jaiin
Sos,s, very respectfully, JAMES BUCHANAN.
Vow may please your honor II Mr. staphens had been
selected Of Browns most trusted men to rive ev
neS i@munay ~ The prce Of hi woulS Il M.
be considered 0dious he were indicted for offences of
vho he had been excuseds Does not every prose
else mol pros them Does every Judge in every court
n M world possess the power to control his own officers
found under such oircumsanoes Why then should not
yesy Honor discharge us Of this who were not
ssnt 70 BE- tried and who gave our consent on
that condition no other Such, apprehend Is the
practice in all The courts in chr,stendom:
M. Hunter-May inquire what is the motion before
~ Courtf
Ar. sennott-Te dismiss those indictments, the Com
onw having offered stephens chance Of trial in the
United States Courts the offer having been accepted
Mr.. Hunter-No such offer ever was made. The only
eoer made TO Stephens continue his case It
true that despatch arrived from Governor WISE recon-
neospg Stephens 70 be tried blythe United States as 70
...sn sfcwn Sooedsr.ses But when the senate nvss-
fer believing the committee would accomplish every pur
And them there was Que statement IN the letter Of
courts Of Virginia He imputed intentional misrepre
sensason Mr. g., but the statement that Stephens
mans condition made necessary treat him with hu
nanty, and pallet was spread for him, as had been
aone for Brown. M 8 was not here when Stephens
esaaenenW He (hr Hunter) hal received q despatch
FROM the President, and had Immediately answered il
ssaseo BE had also written to the President, and sup
poeed Mr. SennoH bad o copy Of the letter.
Mr. SepnottNN0 have only your letter TO myself.
Mr. Harding, in justice himself, would say that
had agreed give up Stephens Mr.. Sennot, how
ever did propose something TO his associate Mr. Hunter
and be believed accepted The first thing he knew
of the Of Cook Stephens when he met Mr..
Hunter his house Sunday evening the suggestion
Of Col Barbour Il was then proposed TO give no Cook
snd Stephens 10 the United States So far as he was con-
oeroed he had refused; and though he had high re-
speet his associate be would allowed him
. xfve up Stephens or Cook other
Mr. Hunter-Thas question would have been tested had
She issue ever been made.
M. Sennott-The prosecuting officers, am happy
10 &c., contradict other and confirm ali have SAID
Mr. Hunter first says never agreed to vestspnens up
70 The United States, and then SAYS that Re did but
changed his mind when the Harper's Ferry Committee
began Mr.. Harding claims the credit of refusing