Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-10-18
LOCAL NEWS.

II Amherst Tor the prosecution. anu y. foolc
johnson, Of Beuiuri. aud Wan. kigour, OF
this city, for the defence.
Mr.. Smoat on the part Of the prosecution,
briefly stated what the law was in regard to
b;sanly, and what the prosecution expected to
prove, cOntcndlng that Austin was married 10
Betty &. Austin III Virginia. that afterwards
he married in Washington, Mississippi Burke,
and that with Mississippi Burke he came to
this city and coha5tcd with her
J. Footc johnson, on behalf Of the defence,
admitted the law as stated by the Common,
wealth Attorney, but wished the jury to al
ways bear in mind that Il man was presumed
to be innocent unt,he is proved guilty He
stated that the defence would prove that Aus
tin was one of the most reputable men in the
county Of Bedford. bu. that some six or eight
months previous to the crime alleged. he be-
came addicted to the use Of ardent spirits to
der him incapable Of distinguishing right from
wrong. The girl was 4 particeps crinlinis, and
that the prisoner was not to blame for taking
the girl away from her home. 1t was an in
voluntary thing, his marrying her; he was
forced into it, and while in 4 condition OF mind
that rendered it impossible for him to know
what he was about. In conclusion nc asked for
a fair and impartial trial.
The prosecution offered III evidence the Ger
tfcate of marriage Of James NJ. Austin to
Betty &. AUSTIN in the county OF Bedford.
The defence objected to its introduction upon
the ground that the license did not show that
the person who performed the marriage cere-
mony had the ri CHIT to do So
The court overrucd the objection and admit
ted the license as evidence.
Mr.. Fuque called by the prosecution-Live
in Bedford county; knows james NJ. Austin
and Betty G. Austin; has known James NJ
Austin ever since the war Betty Z. Austin Is
Il married woman james NJ. Austin is her
husband lives three quarters OF mile from
james NJ. Austin; has known Betty &. Aus
Tin for twelve or fifteen years has seen J.. Is.
Wharton he is minister; has known Whar
ton for five or six years he Wis u minister
in lSGl.
Cross examined by Mr. ,Johmson-Presumcs
that Lyman aud l.. 3. Wharton are the same ;
knows Lyman Wharton is minister; Austin 5
character was good ; he drank for several
mnnths previous to the commission OF the al
',..ri crime; saw him the day before he left
Bedford with the girl saw him very frequently
before that time; left Bedford the last Of
June; commenced drinking about Christmas;
frank at intervals !; he was not 50 drunk the day
before he lett Bedford as to prevent him from
riding straight; saw him three or four times q
week just before he left; was drinking then
lust before he left he neglected his business.
Rc-examined by Mr.. Whitehead ~Nevcr sus,
pectcd that Austin was insane; was drunk like
other people.
Robert A. Austin-Betty G.. Austin is
my daughter; she is married; James Nj.
Austin is her husband was present ut the
marriage Mr.. Wharton married them; he
was Il minister marriage took place after the
war in 1863 or 1866 the prisoner is the man
that married my daughter; Betty {. Austin is
still living.
Cross examined by Mr. Johnson-IIave been
intimate with Mr.. Austin; from August before
last he drank excessively hard; worse and worse;
he drank as hard ~ sny man | ever knew; pre-
"iu,ls to that time he was sober man and bore
it, good Il character Us any man; for several
mouths previous to the commission Of the crime
the mind of the prisoner seemed to be impair
ID from the excessive Use OF whlskcy; the
evening before he left his mind seemed to be
more impaired he was always under the in-
iluencc of liquor; thought him insane when he
left Bedford; he seemed to have no recollection
OF what he was doing; this had been his condi-
ton for several months previous; If he had
been i rational lnan this crime would never
have beencomuittel; character always good be-
fore he commenced drinking.
Cross examined by Mr.. WhitehcadAusin
and tobacco; had helped to cut wheat &c;
had IL horse and sold him the day before he
left to Mr. Gray; the horse was worth $50 and
Austin sold him Tor 500; Austin was very
negligent about his crops when drunk he
not troublesome; always treated his wife well;
did not do any business with his ncighbors;
snapped horses sometimes.
BY Mr.. Mississippi Burke is cousin
of Austin $; she is no relation of mine; Liberty
is miles from Ausin's great deal of liquor
made in the neighborhood; Mississippi Burke
was staying with Austiu's married sister about
il hundred yards from his house; left with Mis-
si$sippi Burke on Wednesday or Thursday
mornlng; was at home, but did not see them
start; they started for Liberty; it was after
he had sold the horse; he sold the horse the
day previous: they left about day break; saw
him the evening before; he was very much IN
toxcatcd then; think they lett about the Goth
of June; would keep liquor at the house; the
only reason thought he was insane was be-
cause he was orgetful; knew his wife and chill
drcn; knew when he was cralcing wheat.
By Mr.. johnson Don't think he had mind
enough to know that he was doing wrong when
he lett Bedford; thinks So because he acted and
talked strange the day previous; said he was
going to Lynchburg, then said he would not go,
then said he would.
Kew. DR. Ncwman-Am Il Methodist minis
ter; have been in charge Of church in
Washington (thc Metropolitan for two years
and half; identified his signature 10 the
Washington license; recognized Austin and
Miss Burke as the ones he had married; they
presented the license issued by the clerk; he
answered the questions as distinctly As most
men who are about to be married do; Austin
was accompanied by two mcu who it was un-
derstoO1 were detectives the detectives ap-
piled to me to marry the parties | agreed, and
subsequently,, accompanied 10y the detectives,
they came and married the parties; had no
conversation with him save asking him the
questions; was informed the parties had been
arrested; was informed they had mutually
consented, by the detectives
Harrison Freman-Austin and Miss Burke
came to my house in Alexandria, both stated
they were man and wife occupied room to
gcthcr staid two or three days
Cross examined by Mr.. johnson Came
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