Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-06-13

nine, and that he was in the church when
the nine o'clock meeting began and re
NAMED there till dinner time. The wharf
where the Fall River boat lay, is rather
less than mile from Gillson's and about
three quarters Of a mile from Fuller's.
From Gillson's, to FuIler's the distance is
about a quarter Of a mile.
Ii was also shown that Oswell, the en-
gneer when he came to see Avery at
Bristol, went no further than to say that
slr. Avery resembled the man who de
hvered him the letter, and that he said he
was moisture enough of it to swear be was
the man.
IL was proved by the testimony Of Mr..
Pratt, that he was standing in the door of
Tram Smiths store, the afternoon in which
The hall sheet Of paper, Corresponding to
the white letter. was found there. That
a tall man in cap and cloak whom the
{ witness did not know. came into the door
| passed round behind the counter, and
stopped at the desk where Smith was writ.
iog, close behind the shelf where the pa
! per lay. After moment or two, he pass
, ed out Of the store. The witness was so
struck with the appearance Of the man ),
that he inquired OF Smith who he was, but
could not get any Information Soon after
MIR. Harnden came IN and asked Smith for
all the paper he had in his store, as the
paper was lifted down, the quires shook
apart, and this half sheet dropped out.
Harnden picked it up and called on those
present to take notice that this was the
half sheet
Some witnesses were introduced to re
but the presumption attempted to be es
tablished by the government, that the
prisoner had an interview with the deceas
ed at the time of the Fall Rivers four DAYS
meeting.
was further proved that Mr.. Avery
had talked of making an excursion on the
island, that he had always been much in
the habit of solitary rambies, and that the
afternoon of the goth of December was
very pleasant for the season.
| 1t was proved by number of witnesses
who had known him for ten or twelve
years, that his character for kindness, hu
nanlty, and continency, had always been
wholly unimpeachabe.
One Of the witnesses for government
had sworn that she had seen a tall man on
the Goth OF December, with a dark color
ed surtout and broad brimed hat, passing
through the white gate near the coal mines
but she swore il was about twelve O'Clock
Evidence was introduced to show that she
bad formerly said it was in the afternoon
and TO prove that from the circumstances
on which she relied to Fix the time. il must
have been IN the afternoon. Two witnes-
ses saw man of similar appearance pass
that gate some day tina, week, but they
could not fix the day or hour 1t was ties
uhed that IT was very rare thing to see a
man, not one of the neighbors pass that
gate at any time. Another witness saw a
man within the gate that afternoon, but
did not take notice enough of him TO des-
; cribe him.
One witness testified that she was re.
turning home that evening, between and
she overlook and passed a tall man,
dressed IN dark clothes walking very slow
towards the Bristol ferry; and that she
mentioned the circumstances to her sister
when she got home. Her sister swore
: that she did not arrive at the house about
nine, and did not mention to her having
passed man on the road. The witness
es stated that they had not mentioned this
circumstance to any one else, till March
last, and stated, as a reason, that it had
not occurred to them till then, that the
fact was of any Importance.
II was testified that Cranston. the toll
keeper. made no attempt at Bristol. to
identify Mr.. Avery, as the man who passed
the bridge on the afternoon of the Goth Of
December, and that he had since said. he
could not think Mr. Avery did pass that
.lday A witness was also introduced, who
swore that he passed round the gate on
1.-The hp9ch hInnSpIf fhat n,nht IL l.
; proved, that the hitch is a knotin familiar
use with weavers in factories.
/ Mr.. Harvey Harnden having been in
troduced by the government to prove the
circumstances under which he arrested
Mr. Avery at Rindge, N. III evidence
was put in by the prisoner, that he left
Bristol against his own will, and by the ur-
gent advice of Mr.. Bullock and other
gentlemen.
The case on the part of the prisoner
was announced to be closed on Saturday
MAY 25)
The government then proceeded to call
some new witnesses, but il is not probable
that any thing will be offered essentially
to vary the case as it stood on Saturday
irtal Of Nh .duery From Newport
we learn that the testimony adduced, both
oy the government and the prisoner, clos
ed on Thursday evening. having occ upied
the Court twenty days. One hundred s.
nine witnesses were examined on the part
lof the prosecution, and one hundred and
thirty two in behalf of the accused Mr..
Mason commenced his argument yester
Iday morning in defence of the prisoner r.
and closed it last evening The Attorney
General was to reply this morning. and
the case was expected to be committed to
the jury this evening.
l-N. Y. Com LIST inst
MR.. AVERY'S ACQUITTAL.
The trial which has excited so much