The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-08

W. indicted, and bad . trial o. the 2etA
q Nay. His coua@l were Governor 81. g.
Fsote ard Coi. E. d. Baker. whs bAseA his d~fen,e
akQeetber - tho ples u insaaity, Ohcunstaaces
b hs conduct o. sssrd he vessel jos: gso; !: and :.
showing partial arrangement Of bis mind. d.. Colt.
Of this city testified that ~ had known most u the
me6sSers 81 the family Of the &C used, number ol
whom werS tneape-0ne having committed suicide,
and another having diee In an insane t0sgital. A
Mr. GODDARD testified 70 the same efNsot. The Jury
could rot agree eight being foS acquitta and four
for conviction.
The case was to have been tried anew this morn
Ing The District Attorney. however, stated 20 the
Cont that nom tho additional evidence that had
Une to his Knowledge, lie had become convinced
ttst the prisoner was really insane, and that as sooa
- the proper provision could DO made for his safe
keeping to would enter nolls prossqvi. The jury
summoned, and the Witnesses were accordingly dis
charged.
OF the evidence that has beea obtained since the
former trial. are dispositions Of three witAesses, who
came fellow-pAsseDRers OF the prisooer sronnd the
HON IN l640. Mr.. John Prentice, one OF these, de-
poees that be has known the prisoner since he vas
Asylum at Hartford, when about Gftees years old;
relatives Of his, Jabex Huntington and daughter,
becane deFanged the former at the ago Of seventy
i've, and the latter at the ago Of thirty years. De
on oOs 4 TIC
beard the Doctor once pronounce him ont Of hjs
bead. Joseph l.. Chadwick and p. n. Randall de-
posed that his conduct on ono or two occasions
sSs N thai
went home, and Was on bis return hither when he
committed the deed above referred to.
There were also laid before the District Attorney
several letters from members q Avey's family.
written in April AMI May, TO lasl relative hero,
beaeechiDg an nterferen. In his behAf and recit-
Ing the history Of p6rtisa Of his family, to show
thst insanity was family trait. BE has mother
living at Norwich, Conn, lately widowed for the
il tho war OF 1872 and 1914. and was killed while
Itadi an attack in the Mexican revolution 10 1921,
was his grandfather. The insanity Of those OF his
re atves heretofore named and two or three others,
the character Of Avery" he Is amiable. kind and
charitable IN his feelings, inhenting much Of his
grsndfathers peculiar traits easily excited and Ia
real danger perfectly fearless" There were add
G0nal witnesses to be introduced for the defence.
The District Attorney stated that he would defer
his nole pro,equ, NJ til Tomorrow for the purpose
OF allowing the Court to 6ete mine what DISPOSE
tion il w,s in IT. power to mske Of Avery.
Cover or Foote stated that the latter's friends
and relatives here had taken, or would take, means
to send him home to his family, where he would be
taken caie of.
In tho meantime he is detail ned In custody.
The Batenan Shooting ARRAY ut San Fran
The case Of II. l.. Bateman, charged with having
committed an assault with deadly weapons upon
Nj. Frank Soule, editor OF the San Francisco Giro
nicie. was brought mp in the Recorders court, on
tie Sd OF July, Tor . preliminary examination.
Coonels Baker and Baltic Peyt0n, and Elcan Hey
denieldt, Esq, appeared for Mr.. Bateman, and Gen.
Wilson and G. b Ringley. Esq., for Mr. soule.
Mr. Soule was first called, and at that time testi-
fed substantially as follows:--On Friday. between
four and Eve O'clock was walking on Montgomery
street. in company with tao friends, and Just before
reached the sidewalk at the intersection Of Clay,
saw Mr.. Bateman, with six or eight friends, stand
but my friend who wss standing at my right, ward
Cd Of the blow; when tho rush was made threw
myself back one pace and stood on the defensive,
st tho Same tins drawing my pistol; was then
upon my knee; my arms were he'd 20 that had no
use Of them; While in this position heard tho dis
charge Of pistol; but was not Ia position to see
who fred It; nor am Connections Of there being moro
hind, and heard persons crying out. XIII him!
XIII him ~ Mr.. 60ule was subsequently recalled,
and said, that when BatemAn rushed at him
he tBaseman) had his right hand In his bosom.
] was informed that Bateman was waiting
for me, and was advised to arm myself,
but did not use my pistol; there was no under
standing between myself and any one else that was
TO meet Bateman that day; Mr.. Wilson came to my
room, ard told me that I was to be attacked by
BaRman % soon ~ appeared on the street; we
came down street, and went together to the pistol
gallery, where procured loa0ed pistol; we met
DR.. WCzenciaf. who repeated to me that was TO
be attacked by Bateman; memo Of my ftiends were
81 med, to my knowledge; any person laii hold OF
Mr.. Bateman. il must have been Mr.. Beckwi!h.
Mr.. Wilson testified that he was present, but did
not geo the difficulty when il commenced; he was
taking with gentleman. AID heard the report OF
pistol; he rushed through the crowd, and saw Soa-
oswD, strugglir q, and Bateman, with pistol in hi
hand, pointed towards SOule. The witness jumaed
- u
failed and Bateman said to him, ed d-n you,
this u the game jon are playing. Is = and turned
the pistol upon him; he fred at witness twice,
whilst he was endeavoring to get out OF the way; Of
that time Beteman was standing on the cOroer OF
Clay and Montgomery streets, opposite Barry
Patterns. Witness could not say how many shots
he saw Bateman fire he knew oftwo; the only pis
tol he saw was in the right hand Of Bateman; the
bali that perforated Barry h Patterns could not
have come from Baternan whilst was looking at
him. After nnrraiirg his precpitate retreat
across tho street, and falling under cart
to escale the bullets from tho pistol Of Bate
mso, the witness further said that he
was about six or eight feet from Bateman, and about
ten from S0ule he did NOT see at this time Mr..
Newell or d.. Wozencraft, but few moments pre-
vious to the difficulty, the doctor came up and took
Soule By the arm and walked of Ia close conversa-
ton be knew that Soolc was armed. but could nos
Bateman for firing upon him, whom he attempted TO
disarm him, because he thought that any man in Q
passion would do the same. Witness was told by
sevefal gentlemen that Baseman was whiting on
Montgomery street with . party to attack b0ule,
and went and informed Soule Il the fact.
Mr.. Beckwith said. that on Friday afternoon last.
he wss crossing over from Clay 10 Montgomery street,
With Soule and Dr.. Wozeucraft Soule was between
them; when they got near tho corner, Ba.eman
breast when be made the spring witness caught
him and tried 10 hold him I; some person jumped on
visness' back and said. /" don't hold him - be saw
Bateman behind the hand cart, with pistol pointed
toward Barry 4 Patterns; soule 1t that time was
farther up towards Clay street. and witness thinks
that Batenan fred three sAots after no saw him ;
Bstemsn fred tho first pistol, ans witness did NOT
know that Soule 6red ct all II he had done 50 mt
neas would Rave seen II Witness stated something
farther relative 70 the position Of the parties and
then stated that he saw Batemxn shoot at Wilson,
but did not see him shoot at any ono else and
thinks tibet be was so uch ex tied that he did not
know ybet he wss about WiGess did not see or hear
I any other shots than these which were fired Of
Wilson
Nj. Sharpe ssti8ed THAI he cav Soule on the cor.