The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-12-24
THE ALBEMAREE TRAGEDY.
TESTIMONY OF THE DEFENC
DIR. Ayre Bailcd I'm so6, 900 for
Indictment.
'cCial telegram t. the Dispatch.

liucu to-taI. He cOuTl-TOoil WIS CROW u
ID, as on yesterday, with an attentive and
interested audience. The galleries were
filed with colored people.
The evidence for the Commonwealth be-
ing concluded on yesterday, the first wit
noes for the defence was DR.. A. J. Brown,
Of UppcrvilIc, Fauquicr county. Va. He
stated that he had been the family phySi-
clan Of Mr.. Avrc for about eight years, and
that he had attended his daughter Miss
Nellie Ayer) some two or three times
lately. On his first visit he treated her for
nervousness, and on the second visit he
found her still nervous and much excited,
nd he questioned her very closely in re-
ard to the symptoms of her disease, and
rom her replies to his questions he then
began 10 suspect that there was something
more the matter with her than she said. In
fact, he was suspicious that she was preg-
nant. 4 few days afterwards he visited her
again. and then she told him the whole mat
ter: that DR.. Oliver had sc duccd her.
and was the father Of the child she
| bore vet unborn. On the next day Monday
before The homicide of DR.. Oliver the wit
| ness went from TppeTvillc with MIR. Avre
| to his home, one and Il half miles distant,
and on the way he told him that his daugh-
| ter Ellen was encjcnte, and that DR.. Oliver
was her seducer. Mr.. Ayre received
| the information with establishment. He
seemed for q few moments to he
struck dumb, and then spoke as if solilo-
| quizing 10 himself, What shall do?"
cited, but he seemed TO control himself as
well rs he could. Witness went into the
house with Mr.. Aver, and he went up to
| his daughters room and told her that he
| ithc Doctor was in the parlor, where she
came, and he told her that he had told hcr
father Of her situation. He then left, and
Nr. Aver accompanied him some distance
OH his WAY back TO Uppervi!le, the SAM"
route leading to another farm OF his.
The next morning (rucsday) about : OF s
o'clock Mr.. Aver called ii the Doctor :
house in UpperyIle and told him he was
going 10 Alexandria to see Mr.. May, re-
lativ" and friend Of his, to confer with him
about the matter. and said that he meant
to Kill Dr.. Oliver. lie said that lie had not
mentioned what he knew to any, Of his
family. and that he did mott want his sonS
to find it OUT, because il they knew that
they would kill him OLIVER, and he
thought that he was the proper per-
SON 10 DO the deed. Witness told
| him he ought not to commit that act, and
tried TO disSlmdc him from it. He thought
at the time that Mr.. Ayrc was in q state OF
| trenzv--waS under the influence Of mania
! because Of his daughters dshonOr, but he
| hoped il would wear OF. His manner was
| excited, his face was flushed, and his eyes
were rolling and dancing in his head-to-
| tally unlike his usual calm dcmeanor. Mr..
Ayre went that day to AexanGri;S ard
on his way thithcr on the train lie
met with Sir. Robert beverly, we'll
known and hiehly-reSpcctcd citizen OF
Fauquicr, who had known him for aquar-
ter OF q century, who also testified to his
excited state of mind and apparent unusual
manner, and thought he was probably
disturbed by some monetary transaction,
but did not know Of his daughters affair.
| The next day he came to Charlottesville on
the cars. and arriving there at about 2
| O'Clock P. NJ, and hearing that DR.. Oliver
was tilatsday attending n sale, and probably
not nj home, he waited until the next
morning, wien he shot him, Il we de-
tailed on yesterday.
The only other i'm portant witness eX-
amined BY the defence was Miss Nellie
Aver the daughter Of the accused. the al
| legged victim of Dr.. divers luSt). She came
into court supported by her brother, and
is said 10 be Il fine-lookins young lady, OF
handsome face, and is anlable and intclli-
Gen. but she was SO closely yelled while
giving her testimony that nobody could
see her face. She answered the questions
which were propounded to her in very
low tone OF voice, and in the 1cwest posi-
bic words, which could hardly be heard
until repeated by the counsel.
Judge Watson, who Intercepted her,
asked, "When did you first see Dr.. OH
yer:"
Answer: - first saw him At the rail.
road depot in Alexandria, in June last,
when he was on his way to my father :
house, near Upperville; and ! had come
from Richmond, and was also on my way
home. | first met him and his vile on TINS
trip. He had come over from Washington,
aud had but little while before arrived
from England"
judge Watson "What was the commu-
nication you made your father on Monday
before he left for Charlottesville ?"
Answer 81 told him was likely to be-
| ,o,n1lant that I old
who wa; the father of my child. knew
that DR.. Brown had already told him.
judge Watson: "When and how often
did YOU take medicine from DR.. Ollvcr:'
Answer: u took medicine from him on
four different occasions. The first time
early i'll July, before any improper lnI''
macy between DR.. Oliver and myself
judge Watson Did any of your family
or YOUR father have any suspicion of Dr.
divers intimacy with you before you told
DR.. Brown of il 2"
Answer: - Not a one of them had the
slightest"
Judge Watson !" Can you possibly be
mistaken in saying that Or. Oliver is the
father of your child!"
Answer: "There Is not the slightest pos
sibility of mistake in regard to that. lie
was the man."
A few other questions of minor import,
arce were asked Miss Ayre, and her tcSti'
mony closed.
Hon. Jeremiah Morton, Rev. Mr.. Dodge,
and several other well-known gentlemen,
were present to testify to the character o.