Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-06-11

he
utter impossbiliy OF Mr. Avery having had connection
with her on the evening deposcd to by her brother
m-aw. We shall prove that he of tho
tents at candelght, that he was in the congregation
/ I'LL the horn blew that he slept with Mr. CrandaI and
mat he went down to Providence the following morning
we snail prove where he almost during the whole
Camp Meeting have heard the Counsel for the CO.
vernment enquire from some of the witnesses whether
they belonged to the Methodist Society as il such an at
tacbmen, could make the testimony stronger or weaker
am sure you vii, not believe that all these re
individuals have come into this Court 10 testify. TO %
winch ~ not truo to assist in aling crime O. .u
black "A cast that with which the prisoner at the bar
stands accused 1t has been ntnated there have
been sectaan preudces at work influence the issue
OF TINS trial will not believe il; and you bound TO
give equal credit 10 the testimony every honest man.
10 whatever sect he belong whatever his religious
principles or tencs may be. On parts we make no
charge OF seciaan persecution; say only that the pub
lie mind has been Instructed, and that such nItuation
mas been produced by the publication of truth
hood that person has TO son deliberate,
w or to arrive at the honest truth of this We
will satisfy you, that Tor twelve wears the prisoner has
been Jealous aud faithful Minister of the Gospe-that
ne has moved from place place customary with the
Ministry oil this Churchthat wherever he has bent his
footsteps lie has borne with him character most un-
peacha6ie and unsued, and that he has tendency 10
vices OF this description. Ii succeed i'm showing bis
character to be sach represent surely i'm case az
awful as the present. ought be protection TO him
You will readily believe that such a man can ho
guilty oil wckedness complicated and dreadful He
stands before charged with seduction with using his
molly oicc merely covering for the most cor
ruPt ana lastly with the crime of murder. But, gentle.
men, prove him to be sgch man, and her such wo.
man as have represented, the very existence this vast
he
aware OF it, would be sufficient TO make anv reasonable
man doubt the possibility othis havingheld any
with such wretch.
One letter has been introduced said to have been doll.
Vered TO the Engineer at Providence between the hours
oil and y in the morning. We will produce the stage
rVc VINO carried MIR. Avery TO Providence the Mon
gay oil the tour days meeting, and who him dow at
Mr. Jison's We will show that he remained there ili
sunrise, and then TO the sunrise meeng-that he
was present during that meeting and remained in il broke
up after o'clock-hat he back again al quarter
past 8, remained there about half an hour We viii
! IA he Emil
ed till almost the hour OF g. that he was in the meeting
house at o, that during the whole OF his soourn at Proy-
dence he was in the presence OF respectable
men, and that he could not therefore have been the man
who delivered that euerand will thus lay tue oun.
daon to show that the prisoner could have been the
author any OF the letters which have been here produce
edwe will show you that this very person has declared
ne could not positively say that the prisoner did deliver
mat letter TO hn-we will also show you that Canstoun
who has been called testify that the prisoner passed the
Howland's Ferry Bridge the Goth December did not
al bristol declare that he was the MAINLAND that previous
TO The Bristol examination he told person named Duya
tNat he had twice seen Avery pass the bridge, that it
was Avery who crossed The day aluded 10 Wb,tro
lance, Gentlemen OF the Jury be placed on testmo
ny oil TINS description in matter Of life and deat-When
you perceive such men patakng of the raging Ccvcr
when has spread itself the entire District of Fall
River, will you not be alarmed at the very idea of
Judging man on such dispositions? Have you not
traced the ieyer!-have you not its evil effects OH
the witnesses who have been brought before YOU? Have
you not heard the contradictions ch some of them have
uttered and marked the manifest and repressbe feeling
Ghuer men some oil them have testified? (he learned
Counsel here made further auons 10 ndiydual les
umony as gwen by Miss Ilambley and Miss North and
! proceeded) ~
believe shall be able to satisfy you that their tes
inony has been picked out, perhaps the express
purpose OF perjury, but because the good peope of Fan
River have taken into their heads belief that murder
has been committed by Minister of the Gospe and ,,,
he ought be promptly and in any event nunsLcJ far
the crimef | shall shew you plainly as any mabcma.
teal problem demonstrate, the feeling under which
many OF these people have into this Court Their
oectis to satisfy the community in which they live and
they weak enough TO believe that community is Ie.i.
rous oil seeing The prisoner hanged. Gentlemen Of the
Jury, suspicious circumstances and willing witnesses will
hahg any man II you pronounce this individual guilty.
and he shall suffer the ignominious punishment which
such verdict must impose, the time may when
some ut"Te generation wil be much ashamed such
an act on your part the people OF are now abos
cd and sorry for that deep n1auaton by whose blind.
ing influence their foreathers spell bound when
they condemned 10 death the miserable beings whom
they imagined to be witches The deluson though
not prevailing to the same degree is of a rhar,cisr
precisely similar. 1T is the mistaken zeal of whole
community which has resolved that murder has been
committed and every member of which is now putting
shoulder 10 the wheel in order X il on this individual
In many oil these transactions the finger OF Doctor Hoop
Ier Is clearly dsccrnble do believe that he has
testified falsely, but under false Judgment Ii is this
judgment on which you are TO rely. Is safe that mans
lie Is TO be taken from him such Judgment or un
der such circumstances He, however, is young and
inexperienced man Had he been older or more expe-
rlenced he would not have venured TO present himself
here and depose TO facts rashy has done To the
opinions which these two medical gentlemen have pro-
mugaed aud the judgment which they have so confident
y given, are TO be attributed all the trouble and excite
ment which have since arisen trust tlat the Genie
men hear Inc when speak, and when express hone
that This trial may furnish TO them q serious and lasting les
son, which shall exercise beneficial Influence on their
conduct Tor the remainder OF their lives.
shall now touch lightly the evidence which we ex-
pec TO produce as to the actual movements of Mr. Ayerv
at the time OF this transaction. We agree tina, he crossed
the Ferry, and say that he went the coal mnes-bat
he passed by heB-tbat near Freedoms house he saw
man with gum and boyand that after going some dis
lance from the Island, he out into the mo road
near The Union meeting house. Unfortunately for the pr
soner, every effort 10 trace the and the boy have
been undvaing BE that it may, the prisoner is not
here TO prove his innocence ii is for Government TO
prove his guilt We shall show you that the testimony of
Sarah NJ Jones TO the conversation with Mr. Avety js
net 10 be relied on and that she has given different YER.
sions OF H. In the testimony Of this witness YOU have ano.
ther proof OF the fearful prevalence OF that fever which
nave alluded. It's infectious than the cholera and
/ lar more sweeping in its effects.
/ We viii then show you that Oliver Brownc saw
stranger, lower down the hill, a distance Of three
quarters Of mile, pass by the gate and that tho stran.
gers appearan resemhlcd ia every way that OF Mr..
Avery.
The Court adjourned
Thtusdqy, 1foy 16.
Mr. Randolph conlinued.There are two other subjects
to which would advert, without entering into the esti-
mony which has been alduced, excepting far % to
make you understand applicability hc learned Coun-
sci here commented the testimony OF WIN. Hamilton
and Eleanor Owen, pointing out the variation the time
at which TO have been heard by these
respective individuals comparing the time stated by both
with the testimony Of other Witnesses and drawing there
the truth, which there no reason doubt. the rfsor.
could not 10y any probability be implicated in be trans
action. IIc proceeded0
/ The next point against Mr. AVcrv csc,,cd