The Shasta courier., 1869-12-11
NUMBER 80

The defense proved that the murdered
woman had formerly been member of Mr.
Avery's church at Lowell, that she had been
several times expelled from the church AMI
restored, and that on one occasion, seven
years previous to the murder, she was at his
instance expelled on the charge of theft and
want of chastity. A large amount of medical
testimony was introduced TO show that the
condition of the girl at the time of her death
was such as to render the theory of her seduc.
tion at the Thompson camp meeting unten-
able; but in this the defense was not yery
successful. They also endeavored to prove
tnat the witnesses for the prosecution were
many of them mistaken as to the identity of
the man whom they supposed to be Avery and
whom they testified to having seen on the
several occasions to which we have referred.
1t was argued that Avery's ramble on the
Island, even if he took one, was on an ex-
petition in search of objects of natural his
tory.
THE VERDICT.
On the twenty-third day of the trial Mr..
Mason summed up for the defense, dwelling
with emphasis on the fact that the evidence
ought to be conclusive to the mind of every
man on the jury in order to Justify a couyic-
tlon On the following day the ATTORNEY.
General closed the argument for the people
and the Chief Justice charged the jury brief
ly upon the law, but did not comment on
the testimony. The jury then retired
On Sunday, June I'd, at a little before IL
O'Clock the court bell announced that the
jury had agreed upon their verdict, and an
immense crowd Immediately assembled a.
round the Court House. On opening it's
doors every part of it was instantly filled,
nj ruifh fha IL
that a passage could be made for the jury and
counsel.
The Court was detained some minutes by
the absence of Mr. Randolph, and during
this period of painful suspense silence as
of a tomb pervaded the whole assembly.
The prisoner during this interval. made
great efforts to retain his usual composure
of manner, but his hand, when he placed it
on his forehead, trembled excessively, and
his lips exhibited the same kind of convul.
sive motion which they had shown ON several
occasion during the progress of the testimony
for the prosecution, and of the Attorney
Generals address,
Mr.. Randolph having arrived, the prisoner
was directed. to look upon the jury. The
question was then put:
''How say you? Do you find the prisoner
guilty or not guilty ?''
The foreman replied.
mot GUILTY."
Ephraim K. Avery rose and bowed to the
jury, resumed his seat, raised bis spectacles
and wept. But in few minutes his face
which had been suddenly and violently suf.
fused, returned to its cold white blue.
AvERY's SUBSEQUENT LIFE.
But the Rev. Ephraim X. Avery was never
acquitted in the estimation of the public.
The excitement which his case occasioned has
never been surpassed by any other criminal
trial in the United States He left Fall River
and lived for a while at Richmond, Mass,
His church was crowded every Sunday. But
he was forced to live alone. abandoned even
by his warmest friends, SO great was the pop
ular Indignation against him. such life
became unbearable. He abandoned the min.
istry and went to Ohio. There where less
was known about him he has lived as q far
mer for 80 years, making many friends it is
said, and Western papers brought the news
last week of his death, at the age Of over 70
years. New York Sun, Nov 9th.