The Shasta courier., 1869-12-11

Rhode Island. He was brought to trial there
before tide Supreme Court on the 9th of May.
1888.
THE TRIAL.
Chief Justice Eddy presided. The prose-
cution was conducted by the Attorney-Gene
raj, Albert c. Greene. afterward q. S. Sen
ator, the Hon. Duttee Pearce, afterward a
distinguished Democratic member of Con
gress, and William R. Staples. The pri-
soner's counsel. were the Hon. Jeremiah
Mason and Richard R. Randolph.
Great difficulty was experienced in inpan-
neling jury, so widespread and so general
was the conviction of the prisoners guilt.
The Indictment charged him with fasten-
ing cord around the nech of Sarah Maria
Cornell, aud Herewith strangling her to
death that he then hanged her to death !;
and that he beat her upon the lower part of
the body, inflicting mortal strokes and
bruises. 80
At his arraignment. Avery preserved un-
rufled composure. He necessarily chewed
some white substance, apparently paper.
| His deep blue eyes, set far back in his cad
| averous countenance, were fixed upon the
clerk as he asked
How say you. prisoner, guilty or not
guilty ?"
"Not guilty, sir" (irmlv and with an en-
phatic motion of the head.}
"How will you be triedl"
"By God and my country" with rather
devotional information.
THE EVIDENCE.
| The first witness testified to the finding of
the body of Sarah Marin Cornell, as already
related. Several physicians testified as to
the evidence of seduction, which was conclu-
sive and also that the person Of the deceased
had been treated with violence Just previous
to her death.
1t was shown that on the Goth of December,
the day on which the murder was committed,
Ephraim K Avery crossed the ferry from
Bristol to Portsmouth---on the neck of land
which we have mentioned-at 2 o'clock in
the afternoon. The weather was boisterous
though they crossed in sail boat and Avery
asked the ferryman where the coal mine
on the Tiverton side-was. Avery was the
only passenger, and paid double ferriage.
Avery then crossed on the stone brid ge
from the peninsula to the Tiverton side. He
appears to have visited the coal mine spoken
of, and in his rambles to have met boy dri
wing a flock of sheep and a man carrying a
gun. The servant at Lawton's tavern near
the stone bridge, testified that three men sup
and that this one exactly resembled the pris-
oner, and she believed he was the man. She
served him with half glass of brandy,
which he drank pure; he then went away.
AVERY AT THE STACK YARD.
On the same day at about sunset two men
who were blasting rocks not far from the
stack yard saw Avery sitting on well near
by He bent his head to avoid the shower
i'm e fall
liam Hamilton testified that on the night of
the murder on his way from his work to his
home in Fall River, he stopped at a store
where they were reading Haynes reply to
Webster in the great debate on Foote'S reso-
luton, and on leaving he glanced at the
clock. 1t was II minutes before g. As he
passed by an orchard not far from the stack
yard, he heard groans, and thought some one
mas beating a woman. He rau up a hill to
find out what it was, but heard nothing more
Another witness testified to having heard the
screams of a woman proceeding from the
same direction. A resident of Tiverton tes-
titled that on the evening of December Goth,
he overlook a lady and gentleman answer
ing the description of the deceased and the
accused on the road near the stack yard, at
about y o'clock
At a quarter to ten on this same night,
Ephraim X. Avery knocked at the door of
tIe Bristol ferryman and demanded to be
taken across. He said that it was cold and
blowing very fresh, but that he wanted to
cross that night. The ferryman said he
could not go over that night, and asked him
where he had been so late. He said he had
been upon the Island on business, and should
have gone to brother Cooks and slept, but
that his family was unwell and would expect
him home. The ferryman told him that
there were physicians in Bristol if his family
needed any, and offered him bed, saying
that he could cross in the morning. Mr.
Avery thereupon retired, and went over with
the son of the ferryman early the next day.
THE MINISTER'S EPIsTLEs.
The theory of the prosecution was that
Ephraim K. Avery had seduced Sarah NJ
Cornell at Camp meeting at place called
Thompson, about three months previous to
the murder. The evidence showed that Avery
had written several letters to his victim; and
that one in particular, supposed to have been
written in store at Fall River, containing
request for meeting at the place where
the tragedy occuared. 1t was as follows:
FALL RIVER, December 9Th.
| will be here on the Goth at the place
named, at o'clock; if not pleasant, the
next Monday EVE. Say nothing.
This was found. without any signature, in
Sarah NJ. Cornells trunk. 1t was written on
a half sheet of paper, the counterpart half of
which was found among the stationery in
store at Fall River, where Avery came and
asked permission to write a note about the
date above given.
The remarks of the murdered girl to her
friends at i. Fall River not long before her
death. her condition, her acts at the Thomp-
son camp meeting: and her remarks at that
time to her sister in regard to her relations
with Avery, were relied upon as proof that
he was her betrayer. On the afternoon OF
the Goth she asked permission to leave the
mill earlier than usual. 1t was accorded her
and she left, never to return alive. The
cord was so fastened about her',neck as to ne
gative in the minds of those who saw her
body at the time the idea that she had COM
mitted suicide.
THE DEFENSE.
The defense, conducted by so eminent
lawyer as Jeremiah Mason, could not be
otherwise than remarkably able. Great re-
lance was placed on the fact that the ev-
idence for the prosecution being entirely cir
cumstantial, the testimony for the defence
must raise doubt as to the guilt of the pri-
soner, and consequently demanded verdict
of acquittal.