The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-08-21
From the Providence Herald.
Ephrsim x. Avery.


'-'' S'"s""s s-Hvefy uos pusSeo tnrOugt
the forms Of legai trial; his life. therefore
'sns longer in jeorardy from the action o.
the law. He hss assiled himself Of oil tn.
suo,le,ies sud ,echnecalitss of law, to wsrd
on the impending blow that seemed read,
to fall upon him, and now. The only earthly
tribunal to which he 10 amsnsble, Is the bsr
OF public opinion. The public, in making up
judgment ON the csss. will. ss they have an
onqnestionsbls rish, to do. lose sight of legal
qnibbles. the foundsilun. on which, rests
,houssnds orssrdicts Of srQaisisl. ~hieh, is
the very face ofarationsi consieiion. have
turned loose upon society. ,hoosands Of guilty
wrsiches unfit to live. Such snsy have been
the fac, in tho css~ Of Avery, that snch is
the fact, the jury themselves ydechre. and i,
is doubtful if even the judges, and the coun
sci. on both sidss, do not entertain the ssms
opinion. In my review Of the csss. I shall
proceed ~ithou, reference to points Of law.
! shall take facts. ss they present themselves;
use my own judgment ~ TO what Testimony
ought, and what ought not to be admitted;
draw such conclusions from the promises ss
reSsoo may approve; and decide accord
ingly.
Ia the singular proese dings under revisw.
II hes been said with much sptnsss. that Sc
rsh Maria Cornell, who wss in her grave,
and no, Ephraim X. Avery, who was srrnign
ed at the bar oil his country. was put on he'
trial; and instead Of entering on M invest,
CATION Of the facts in the case. the country
wss rsnsscked. every nook and corner ws'
searched. and every possible means made
use Of. to draw out every mus'y and long ne
elected old maid, to relate and s,ceav TO every
tale Of gossip TINT had ever been told. 81
,hcr in jest or in earnest. either true or false
of Sarah Marin Cornell. from her very inian
cy, to bisst her character. snd TO prove he'
that abandoned wretch. with whom an hon
cat man and Christiam !Minisisr might CO.
hsbi, without guilt. And yet nange ss II
may appear. though hos, Of this iss'ino",
wss adlpit,ea on the -,is,, nv" u vu'nsry wit
mace was called On 10 identify the murdered
: girl; they knew . person BY her name, ans
n there might have been forty. and the Gins %
: the whole were laid upon her shoulders. ]
! was we'll known there wss one who nigh
have been mistaken for her, ono of an sbsn
doned character, still living; so@s witnesses
from their own subsequent confessions, di'
Il not know whether the fscts they swore to re
lated to one or other Of those persons, ant
ys. on such equivoesl testimony in tine char
acter Of the unfortunate victim Of lawles'
violence, loaded with an overwhelming
weight Of infsmy, a great portion Of which
10 az likely. for sught the court and witnes.
ses know, to belong 10 another, a. to her. !
TO AIRY one. ~
Withou. attaching much Importance 10 ths
bearing of tho testimony admitted respect
ing the character of Miss Cornell, for. in m,
view, il has but little TO do with rational in
vestigstion Of the case. a cursory glance q
il, in The gross may be expected. And nov
permit me to enquire % to ito nature ant
amount.
n The first and most prominent witness il
the case, is the prisonsr himss!f!-at lsas
3 his former letters and conversations sr'
. brought in To shcw whst he had though, o
d her. and what had he thought OF her
!, Why he had thought well enough of her ,
!. receive her into the church--to extend 4
8. her the hand Of fellowship--to ait down wi,
~ her At the ssersmental board-- and unite wit
her in the services Of religious devo,io'
n Pre,endedly afterwards acquiring know
/ ledge Of her delinquency. and Of her sbers
tons from the the path Of virtue. and whe
she had been cast ou, from the church. b
ii again receives her into ,,s bosom. Satisfied
o ss il would seem by his letter to Mr.. S,orr
% that she was q liar, and knowing tha, oh
was an nbandonsi prostitute. hc inds her
h, the church At Fall River; and instead {
o; taking immediate measures to rid the churr
- of her hateful presence, instead Of Instant
: removing such nuisance fron religious st
lp c,ety, he mesnly and bssely compromiss
with her, and sgrees an certsin condition
W. according to HE own story..'o permit her
al continue in peace. This. Of i,self is q ,rs'
sactlon. Of which no gentleman, M msn
honor and moral worth. and certainly no ho'
a. Get and faithful Christian Minister, wool
permit himself TO be guilty. Itis . transss
,ion ,hst should, in justice, have bsnishs
him forever from the pulpit and covered b
nd name with eternal infsmy. .t
Isppeal to the candid and vistnous fes
:, ings Of say person Of common reflection ;
'' sppaal To eyerY intelligent msmhaY of eve