Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-06-11
DOMESTIC.
TRIAL OF THE REV n x Az

ms "a' which Is now in progress at Newport, Rhode
siand as II regards the interest excited and
attached to it, unprecedented in the annals of criminal
prosecutions IN Tins country Ii is matter of specula
ana interest in every section OF the Union. 1t
nave pecoine subject oil more notorety, and topic oil
more general discuson ii possible than the famous
abduction OF Morgan IL certainly has attained more no.
'orety IN the length OF time Reporters have be
SEM from all our larger cities, and some the remote
10 take down the evidence and proceedings for the press
anu the injunction of the Court none
OF We proceedings should be published till the Jury had
gwen verdict observe that report i'm full of the eyi.
dence for the State and large portion of that for the pri-
oher mas already appeared i'll several Of the Boston and
New York papers
From the evidence thus far. the compcxi of the case
rs much more uniavourabe the prisoner than we had
anticipated from the sketches which had been given of the
previous examinations Such is the general belief in his
gut and the popular excitement against him in the state
mat was with great difficulty jury could be found who
ad not formed expressed opinion against him. Be.
tween one and two hundred jurymen examined all
oil whom acknowledged they BIASED against the
prisoners single individual only expressing opinion
favorable to him. MIR. Dnee J. Pierce opened Tho case
IN behalf oil The state and observed that the strongest
oil circunstana evidence proving the guilt OF the prison
er would be presented 10 the juryhat there
"e chan oil tins proof, which would render his guilt more
evident than even the positive testimony Of or two in
dividuas as in this there aid be neither periury
or conspiracy. He Observed that in many cases an un
broken chain OF circnnstan,a evidence better proof
OF quit than positive testimonytha in this case he should
be able TO trace the prisoner the Goth of December
on the evening Of which the deceased was murdered
from his residence in Bristol the ferry, the island
and the toll bridge to the fatal stack yard where the body
OF the deceased iound-,ha he was seen standing al
ter sun down near the stack yardhat and
niue O'Clock the screams oil heard in the
direction OF the stack yardhai 10 o'clock the prisoner
Is found again at the ferry his return home where he
remained all night without assigning any cause when
asked Tor his visit the island that was there on
business OF his ownthat the strong crcumstsnia ey
dence existed TO prove, that the prisoner author
OIL 'e letters found in the trunk of the appointing
the place oil meeting and communicating with her OH the
SUBJECT OF her situation for weeks previous.
We think the evidence for the state has gone further
M ot ~ ~
unprudiced individual read this whole mass of esti-
mony-entre chain OF circunstanal evidence without
,eenng clear conviction OF the guilt OF the prisoner
however he might be induced TO hesitate were he in the
responsible situation OF juror JpilmingtOn JTdtch
THE DEFENCE.
Mr.. Randolph: If it please the Court-Gentemen OF
the Jury
Never in the course of my life have risen in Court
OF Justice under feelings deeply painful as those bv
which am at this moment oppressed. 1t shall be my
most studous endeavor - avoid exhibition of those
feelings and il be my misfortune that cannot control
myself so far altogether 10 hide their existence believe
me wnen say 1t is not my object TO influence your
minds ny any such indirect appeals My intention is
address myself alone your understandings your feelings
would leave TO their operation. There is too niue,
nit OF further alluson myself Yet suffer me- Gentle
men, before enter the heavy duty still before me
say lew words to you the subject OF the situation
which you appear Never were men placed in circum
stances where they liable do wrong ever
with the most honest intention TO do right. With the adj
wee OF our cen we have selected you from great mum
OCT OF jurors, believing mat you, at least would deal
rSh'y with u.s. that you would wipe out from your hearts
every unavorabc impression which had xed itself there
and that you would give to the prisoner whose life is in
your hands, such fair and impartial trial as he himse
has right TO claim, and the Jus and mercifu laws nj
his country pronounce him entitled to- So much ha.
been written, and said, and published respect tl
'ria that II IL scarcely possible TO find an individual
whose feelings are entirely unenlisled, whose min,
is entirely unbiased. To ask you TO forget all liza
You have heard or read, would perhaps be asking more
than human nature is capable of performing. / shall
be inlIy satisfied If you honestly endeavour do tina
which Is nGht-io dvest yourselves OF every preiu
dice which can Influence your verdctand to ponounc,
that verdict according 10 the solemn oaths that YOU hav,
taken TO the law OF the land and the facts as they shall
come before you. The first point which we make in ou
ueiehce s mat no TACT has yet been testified to- which
shew that the death OF Sarah Maria Cornell not occa
stoned by suicide. Before draw YOUR attention 10 on
own testimony, would make few remarks on that which
has been produced by the Government | do not nten,
to go infinitely into ii the present tire il wnu,
be impossible TO detail all the facts connected with so vas
mass OF testimony 1.-THE learned Counsel alter submit
ting and quoting authorities, shew that the first stem Il
be established 10y the Government was that murder Ina,
been committed, commented considerable length on the
evidence brought Tor that purpose and its entire ine
cheney TO answer il. As propose give the concud
ing arguments on both sides, proceed TO the Counsel
summary OF testimony for the Delence.]
shall now state briefly the facts which we purpose Il
prove in relation to the unfortunate girl whose death ha
given birth TO this trial Her guilt and her sorrows ar,
now at an end and whatever she may have been in life
she must now be object of pity all of US She wa
once member OF the Church of Ephraim X. Avery al
accusation Of lying and lornicaIion, she was expelled
We shall prove, that under the hope of forgiveness she
made confession OF her conduct in relation to both these
charges to Mr. Avery aud ohers-and that her character
being so well KNOWN and her confession having been
therefore refused she ayowed her intention of revenring
herself Mr. Avery. We will prove that at the very
time oil this expulsion from the Church, and when Mr.
Avery only doing his duty in bringing her TO trial. sho
was afflicted TO great degree with the vonereal disease
and That whilst IN full communion a a member of the
Church and in constant attendance at prayer meet
ing she in the habit OF passing at once from the
house oil prayer 10 the Doctors shop receive medical
advice and appliances for this oahsome disorder.
we viii show, that various occasions she threatened
commit suicide and that she did actually attempt -and
that from her strange conduct and conversation, the ap.
Pearance Of her eyes, and from other circumstances so
was generally considered TO be deranged. We will lay
before you The history Of this gs lewdness and nscon.
duct for fourteen years. We will ssn.y yOu, that such
was her character and tina, Mr. Avery knew it to hc
Experimentation it is proved before you that she x
PEELED from The Methodist Church; and that she was all
the time conving 10 he admitted 10y Of false
certificates and her own orgefeswhen you all these
things strongly before youhCr character, her vndctivc
feeling her threats against, and personal eumy MIR
Avery, ! ask you, Gentlemen whether you will not I'm.
hesaingy that ot Ill human beings, the deceased
most likely to close her career by such act There
is thought, and II has been expressed, ti creature oil
character depraved would shout the disgrace
Of bearing child But if we satisfy YOU that che wa,
at time piOus aud at another abandoned aud vicious
and that reliance could be placed her temper feel
ugs for an hour you will at perceive how weak
aud uuenable such an argument must be.
We will next prove 10 you, gentlemen, by the tesimo
ny Of experienced Physicians whose opinion In,
greatest dependence be placed that rus would no
arrive al the length OF eight inches until the period Of v
months, at least had elapsed, and probably not the n espc
cially in woman OF this lewd description Think ",
shall satisfy you that the children Of women OF bad fame
Of of bo lodi,