The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-25

j. Watson Il Cons Observation-Disclosures. 26, 400 90
j. II. Williams. Observation-Disclosures. 6,is0 90
y. foiitz. ...................... l5050 90
hoequeIa Co.. ...... .........-...... 500 90
To,sl se4s, ,e3o. 81
Adams & Co Crom Austrslia) . ........... 300 90
Total. s96s $50 54
We indebted to the Purser of the Illinois, also to
Messrs Berford Co.'s Express for files of California
papers.
The mails, passengers and treasure were brought
down the Pacific side to Pana ma by the steamship
John /. Stephens.
The news has been anticipated by the arrival OF the
North Star.
The steamship Sierra Nevada LETT San Francisco on
day for Juan del Sur having on freight trea
sure amounting to s., l47,f3s
Trial OF Esdw ,ud ii. Avery for the Murder OF
susonnah Russel.
[From the San Francisco Herald, May 30.]
The trial of Edward Ii. Avery, for the murder of
Sufannah Russe, by stabbing her in the left side
ON bt ard the Yankee Blade, the 18th of February
last, was commenced in the United States District
Court yesterday, before Judge Hoffman. Mr.. Glas-
sell appeared for the prosecution, and Messrs. Foote
and Baker for the defence. The following jury were
empannelled:-John Benson, j. Wilson, A. Pollard,
Geo. :. Gladwin, A. NJ. Comstock +. s. Boardman,
VIM. Moody, Il. w. Smith, l.. p. Eaton, f. l.. Win
chester, X. ID. w. Davis, b. F. Lupton.
THE PROSECUTION.
Mr.. Glasse briefly stated the facts of the case to
the Jury and concluded by reading over the in.
dctment.
Mr.. Swales being sworn deposed-I am physi-
clan and surgeon; on the 18th of February was on
board the Yankee Blade, thirteen degrees above the
line; it was an American vessel sailing under an
American flag; on the 18th of February about half
past seven o'clock in the evening" was sitting near
the pursers office; there were some gentlemen and
three or four females, the wives of mechanics on
boald dpresentthey were walking up and down;it was
moonlight; saw this female walking with another fe
male; she had a white dress on heard rust.ing;
she ran towards me- excaiming "Doctor he has
killed me-" she was gasping; she fell forward and
caught her; heard then the click of pistol and
one of the passengers rushed forward, saying +" He
will kill u.s." heard the click Of the pistol three
times; Avery was found, and saw q wound in the
side OF his neck; he said, " Doctor, have cut my
throat, If did it right killed that girl love
that girl" and he stopped over and kissed her; his
wound was most extensive one, and thought
several times that it would be the cause of his
death; the girl was dead the first time left herr
the wound was between the third and fourth ribs,
and came out near the shoulder blade; the edge of
the wound looked ragged; from the appearance Of
it, it seemed to have been caused by knife; saw
Avery few days before that; my attention was
called to him Iew days before by little occur
renee which took place.
CrosseXamination waived.
Charles H. Hewitt being sworn, deposed Il am
first officer Of the Yankee Blade; on the evening OF
the 18th Of February sitting aft, talking with
the officers of the ship; heard rushing the deck;
female came aft, saying, !" He killed me !-he
killed me' she laid down on the centre of the deck
and died; saw Avery there; heard him say,
killed her-nobody else killed herr as soon as she
lay down went to tind the murderer; he was stand
i at corner swapping pistols think at himself;
snapped it twice, and then threw it overheard, and
said, " Don't come near mel am desperate
man." he made motion, ana think cut his throat;
/ went for irons and when came back he was lying
also said that !" he killed herj if remember rightly
she said, my brother here killed me-" Avery was
represented as her brother, and l never knew any
thing to the contrary; he shipped as deck hand;
after he cut his throat, and was lying beside her, he
said he was not her brother; | am not certain
whether she said he was her brother or not.
Cross examination waived.
Samuel l.. voist being sworn, deposed:-I have
heard the testimony of some Of the witnesses in the
case; on the evening Of the 18th February was in
my office, trying to light my candle; am Purser Of
the Yankee Blade; heard rushing, and saw Su-
sannah Russell lying the deck, with wound in
her side; presently Avery came up said he killed
her; laid down by her side kissed her, and said 81
loved that girl"
Cross examination waved.
John A. Edwards being sworn, deposed:-I have
nothing more to say than has been already stated;
was sitting in the Pursers oflce heard some scream
ing; he went out before me; when | went out saw
them lying (Avery and Susannah RusseD on the
deck; heard nothing said !.
Cross examination waived
Mr.. Glassell stated that he had some witnesses to
introduce relative to some previous transactions, but
they were not present now; he would rest his case
here for the present, by asking
Dr. swalee-Q. What was the cause of her death2
A wound in the left breast caused by knife
FOR THE DEFENCE.
Edward Magagnas being sworn, deposed-On the
evening of the 18th February was sitting forward,
when | heard the mate rushing forward, saying
. Get irons-that man has killed his sister," went
forward then; ] saw Avery on board few days
after the boat left; he was working as deck hand;
Mr.. Hewitt brought him to me to assist me in paint
ing; noticed for two or three days before the act
that he was very agitated and extremely nervous;
en- the evening OF the day ne committed the murder,
girl by giving her three or four stabs; he was en-
poyed assisting me painting in the cabin; dis
covered this agitation three four days before the
homicide; his conduct induced me to believe that he
was somewhat deranged; he was moody, abstracted
and had q certain twitching of the mouth; there
was nervousness about him that showed him to be
very much excited; have not thought much about
the matter.
characterizes an insane person. lObjected to.1
Q. What was his manner-calm and cool, or 9TH
erwise2
A. 1t was not. would say he was sane in doing
his work but still by the garing Of his eye, should
Judge that he was insane on some other point.
Cross. examined by Mr.. Gaskell-He was working
for three four days before the occurrence; he
painted remarkably well for one who knew nothing
about the business.
Col. Baker argued that the opinion Of the witness
to the sanity or insanity of the accused should be
admitted, and quoted Chief Justice Hornblower, In
the case Of Spencer in support Of his argument
After an ingenious argument on the part of coun-
sell the court ruled that the witness might state the
department of the accused and whether tt at depor
ment was that of an insane person.
A. would state that II was on q scientific eyami-
nation that came to the conclusion; and though
have no diploma, have stu died physiology very
deeply; and my reason for not stating 1t in techni
cal manner is, that the jury might not understand
it; have no doubt that he was, at the time of
the commission Of the act, insane OF monoma-
MAC
To the jury did not sleep with him before the
occurrence, but did sleep near him after the occur
renee, at his own request.
| By Mr.. Gassel.--1he difference between mono
mania and monomaniac is, that the former is taken
in the plural tense, and the latter in the singular,
referring to one individual; he painted remarkably
| well; he asked me one day, did not give my men
some drink upon all other subjects he was sane,
except on this point; he had feeling of adhesive
ness towards the girl that attached him to her. and
an angry jealousy resulted in the arrangement Of
his braio; he was attached to me because treated
| him and her kindly.
To the Court formed the opinion Of his insani-