On Tuesday morning, before ten o’clock, the Court room was again filled. After a few more excuses of jurors had been heard, the District Attorney for the United States, moved for the arraignment of the defendant, Castner Hanway. Mr. John M. Read, one of the counsel who afterwards appeared for the prisoner, made some remarks in regard to the informality in the summoning of the panel of jurors, and cited several cases to sustain the objections which he informally made to the whole array. The District Attorney in reply alleged that the return to the _venire_ was perfectly proper, but intimated that if the counsel for defence would move to quash the array, there would be no opposition on the part of the Government. This was the first intimation given to the public that the jurymen returned were unsatisfactory to the prosecution. There had been rumors that the District Attorney himself intended making a motion to quash, but no official dissatisfaction had been previously known. To such a proposition, however, the defendant could not agree. He had been in a felon’s cell for more than two months, and his health and strength were fast giving way to the confinement. He and his friends had spared neither pains nor expense to procure the attendance of witnesses, and were as well prepared then for trial as they ever could be. Any panel of impartial men was all he asked, and this he had no reason to doubt were then summoned, as by law, he was entitled to have them. Yet to give the Government as fair an opportunity as its officers desired, another of his counsel, Mr. Thaddeus Stevens, offered to make the motion to quash, on condition that the prisoner be admitted to “_ample_ bail,” and the trial be ordered to take place in the county of Lancaster. The District Attorney refused to agree to this, and the clerk read to the defendant the Indictment.
This paper, containing five counts, charged him with wickedly and traitorously intending to levy war upon the United States. It embraced the usual amount of legal nonsense, and recited as much of the transactions at Christiana on the morning of the 11th September, as were necessary.
After the reading had concluded, the clerk asked him--