The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-29
Dead BY The Law.
Execution Of John w. Avery
at Hackensack.
the LITTLE VILLAGE m coMMoTIoN.
Last Hours OF the Doomed
Man.
AN EXCITING SCENE.

AN EAClI1NG SCEN II.
John W. Avery was hanged at Hackensack, N j.,
yesterday, for the murder Of Jacob Erbe, at Cress
kill the Sth OF February last. 1t Is q remarkable
instance OF
THE swIFTNKss OF JERSEY JUSTICE
that although the murder was mysterious one,
ana 1t required careful and ingenious tracing to de-
tect the assassin, the murderer was hanged just
four months and three weeks from the date Of the
murder. 1t Ia also
REMARKABLE COINCIDENCE
that the last execution In Bergen county took
place in the same Jail on June g. 1858, Just nine
teen years ago, to the day and to within few
minutes Of the hour Of the execution yesterday
Ex-Sherir Terhune, who oficiated then. was
present at Avery's hanging.
HISTORY OF THE CRIME
The particulars Of Averys crime can be briefly
narrated. He and his victim, Jacob Erbe, were to-
gether working on the farm OF Mr.. Elijah F. Clark
at Cresskl, N. ]. They
FAILED TO GET ALONG AMICABLY
together, and on the day Avery was discharged by
his employer for not faithfully satisfactorily per-
forming his duties the trouble that was long brew
ing between the two men eliminated In an open
rupture, and most bitter quarrel followed. Avery
left and repaired to his home, at 14s Thompson
street, New York. He remained here some two or
three days, and on
THE MORNING OF THE 7TH
OF February last absented himself from the house.
He did not return that night. 1t is known that
he fingered about the city until night, and then
made his way to Cresskill, where he lurked till
about halfpast six or seven Tuesday morning. His
victim was found In the stable ct that hour by
glrl sent after him, per direction of Mr.. Clark
LYING BIEFDING.
from CHASTITY wound on the side of the head, I'M
conscious. Mr. Clark did all he could to relieve
him, and then fastened to Englewoood for physi-
clans and an officer. Upon their return it was as
certained that life was extinct Erbe expired with
out being able to articulate. Hence the manner in
which he met his death was at that time somewhat
mysterious, though it certain he was the victim
of some
BLooDTHIRsrY AssAILANT.
His watch was missing. The officer W. N. Hills,
Marshal Of Englewood, investigated the affair as
best he could and learning Of the unfrendliness Of
the discharged Avery, at once suspected him. Clue
after clue was followed up vigorously until the
missing watch was found pledged In Mr.. Levy's, in
Grand street. This circumstance led to the arrest
Of Avery at his house. OF course,
HE DENIED ALL GUILTY KNOWLEDGE
OF the tragedy; but he caught in the act Of try
ing to throw away the pawn ticket for the watch,
which action at once fastened the guilt upon him.
He was indicted and duly tried before Judge
Bede, at the Bergen County Court, sitting in Hack
ensack. After fair trial he was convicted Of muir
der In the first Degree and on April 10 he was
SENTENCED TO BE HANGED
on June %. His case was carried to the Court Of
Pardons, but that tribunal refused to commute his
sentence. As an instance OF the rare dscrimina-
ton which the people of New Jersey evince in all
questions affecting
THE RIGHTEOUSNESS OF THE LAW
In their snug little household 1t Is to be noted that
while Libbe Garrabrant obtained over i've thousand
names to petition for her pardon only eleven peo-
pie Of Hackensack could be found to sign similar
petition for Avery.
SINCE HIS CONDENSATION
Avery had occupied cell in the male corridor Of
the Hackensack jail. He had been cheerful and
hopeful that the Court OF Pardons would interfere
to save him until few days ago. The evidence
against him was all circumstantia, but at that time
he was induced to confess his crime to one OF the
local reporters OF a Hackensack paper. The &C
count was published before Avery consented to its
action Of the Court Of Pardons. That was
Avery's belief in his last moments. However that
his case on Tuesday last, and Avery commenced at
THE DOOM THAT AWAITED HIM.
He was removed from the male corridor on We'd
nesday to the female corridor to be out OF sight Of
the workmen engaged in erecting the galows.
THE VILLAGE HACKENSACK
wore throughout Thursday afternoon and night the
pleasant and peaceful aspect of suburban village
in its summer bloom. The Court House fronts upon
the main street, and In Its rear Is the JAIL the only
point of separation between the two being the
barred door which opens into the Sherir's office.
YARD. on an opposite corner across country
lane, is the principal tavern. Diagonally opposite
broad partly used as ground
and even far into the evening" merry girls were
playing croquet, shouting and laughing In their
glee In the barro0m OF the tavern men were
drinking and discussing loudly the coming specta-
cle on the pazzas handsome girls were flirting
and lovemaking; on the drive fast horses were
Jail itself little girls were playing 'Jacks"
THE BARRED WINDOW OF AvERY's CELL
looked out upon all these scenes OF merriment, the
sound Of which could reach his ears, and every
now and then his pale, stricken face could
as If craving for one breath OF that free air,
one instant Of that unobstructed sunshine. As
night came down upon the little village the flicker
OF the lamp that lighted him through his last night
upon earth could be discerned by the knots Of peo-
pie outside and from their careless glee they re-
lapsed into the silence OF sober thought.
FAMILY OF AVERY,
consisting Of his mother, his elder brother, step
iather ana steporo,ner passed bnmrsaay WIN nun
take the train home to New York the mother, clad
in deep black, with her face heavily yelled, threw
herself into seat In the Sherif7s room and
''oH MY DARLING son |"
poor poor boy!' The brothers and the stepfather
wept silently; good Mrs. Pell, the Sherrs wife.
wept too, and tears even came into the eyes OF
Sheriff Pell himself Mrs. Pe had prepared tea for
the unhappy family, but they were too much dis.
tressed to eat. Avery had a
DIVERSITY OF RELIGIOUS DENOMINATIONS
to comfort him. DR.. DcBaun, OF the Seceders; Dr.
Theodore 3. Romayne, of the First Dutch Reformed
church; Dr. McCaulay, Of the Asbury Methodist
church, and DR.. Craig Of the Warren street
Methodist church, have all visited him and minis
tered to his religious comfort. He received them
oil rnrdfa lly Int nv mil I'D I'M
Methodist faith.
THE LADIES OF THE VILLAGE,
ever since his condemnation, have been untiring
I'm their minstrations. They have carried him
strawberries and fruits and books and have learned
to sympathize with him so deeply, just from the
mournfu association, that they protest so very
gentlemany and cultivated young man could not
be murderer. Since the Governor refused to COM
mute his sentence two strong men have been con-
stanty present with him in his CELL to prevent any
attempt either at escape or suicide.
HIS LAST NIGHT.
Up to the very last moment Avery maintained
cheerful countenance. There was nothing about
him, except his dismal surroundings, to indicate