The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-01-03
THE FLIGHT OF DIR. AVERY.
The Scene In court-A Sharp ColIoquy-
What is Thought OF tho Accused Hav.
ing Taken French Leave.
rFRoM DUB SPECIAL REPORTER ]

ing Taken French Leave.
[FRoM DUB SPECIAL REPORTER
4 COLUMBIA, s. c., January 1.
The proceedings in the Ku.Klux Court this
morning were very much like the play OF
Hamlet, with Hamlet left out. The trial Of
DR.. Avery continued, but the defendant was
absent. Whether he had left the city to spend
the Sabbath with his family, and had missed
some train which would have brought him
here this morning, or whether he had quilted
the country in disgust, did not appear, but the
court evidently acted on the latter suppost-
ton. At the opening of the court, the district
attorney produced witness In rebuttaI Of GER
tain points testified to BY the witnesses for
the defence. Tne first witness was @. H.
Bankhard, man who is on the pay rolls as a
Juror, who testified that he saw Dr. Avery last
Saturday evening, before the assembling Of
the court, in close conversation with Louisa
Chambers, one Of the witnesses for the de-
fence.
"Governor" Fewell was recalled, aud re-
peated his testimony about the polls at Rock
Hill having been crowded by white men at the
election In 1868.
Major Merrill testified that he had had con-
versation with Rev. r. E. Cooper In Yorkvllle,
while that gentleman was under arrest on the
charge of threatening a witness, and that Mr..
Cooper had repeatedly told him that he had
not named to preacher Postle the consequences
of perjury.
This completed the very lame case for the
prosecution, anfCol. McMaster, OF the defence,
began his address to the jury. He had only
proceeded with few general remarks about
the origin of the Jury system and Its impor-
lance In q free country, when MIR. Corbin In
terrupted by calling the attention OF the court
to the fact that the defendant was not present.
He said that he had askedthe counsel where the
defendant was, and had received the reply that
that was for him (Corbin) to find out.
left Columbia on Saturday night TO make
brief visit to his family. he had had no in
tervieH with him before he left, but had un-
derstood that he was to return on the next
train. Judge Bond then interposed as fol-
lows: =. 3, -
Colonel McMaster. I hope the court will
Judge Bond. Do you know where the pris-
oneri is
Colonel McMaster. Ihope that the court will
Judge Bond. Mr.. Clerk, serve rule on Mr..
McMaster to show cause why his name should
not be stricken from the rolls of the bar.
The rule was prepared BY the clerk, requlr-
ing Colonel McMaster to show canDe why his
name should not be stricken from the rolls OF
attorneys Of that court for contempt IN reius,
ing to answer question Of the court. Colonel
IcMaster retained his seat during the prepara-
tion of this order, and when 1t had beer hand
ed to him he rose and said that he hoped the
court would allow him to- say q few Words.
he only wanted little time to make his reply
upon subject of such grave Importance to
himself he desired to take the advice OF
nnQttQr and QeEp0 10 ne
allowed until tomorrow morning to make his
reply. ...,, ~
quest, but inquired of. the district attorney II
he proposed to proceed against the prisoners
bail. Mr.. Corbln replied that he did intend to
proceed at once, and he drew up an order
that the bail be forfeited, and that a writ of
scire tacias be issued and made retur1able on
Wednesday, the Sd instant. This order was
signed by The judges, and has been since, as
am informed, served upon Mr.. j. J. Lowry,
of York County, who is DR.: Avery's bonds
II. Corbin next remarked that upon COLI
sultation with the attorney general and Others,
he found that some doubts existed In their
minds as to whether the trial could properly De
continued in the absence of the accused; wheth-
er verdict rendered under such circumstances
would not be invalid, and he suggested an: sd-
tournament until tomorrow morning to enable
upon this point. An adjournment was accord
ingly ordered until tomorrow at IL A. ~, and
the court, counsel aud spectators hocked TO
the yard of the Statehouse to witness the
raree-show that had been gotten up In honor
of Mr.. Lincoln's master-stroke Of pofey.
suppose there Is no doubt that DR.. Avery
has left this part of the country, and there ap-
pears to be but one opinion among the intelli-
gent and sensible people In the city as to the
necessity and e1pediency of this step on MS
part. had an interview this afternoon with
prominent gentleman, who has been regu-
lar In his attendance at the court during this
trial, which was about as follows:
Correspondent. Has DR.. Avery really fled
the country!
MIR. -. Yes, 1t must be that he has.
did think that he might have missed the
train from Yorkvllle last night, but the after
noon train has now arrived, and as he did not
come upon 1t, presume he has effected his
Correspondent. What is your opinion of
Mr. -. I think every one will admit
that he would have been an ass not to have
Correspondent. But he has clearly violated
Mr.. -. Yes, In the eyes of the law he
has done wrong, but by every rule of honor
and morals he has done exactly right. I be-
lie6e also that his departure was excellently
to convince any Intelligent jury Of his perfect
innocence, and he stood his trial long enough
to do that. Finding, however, that the jury
was packed, and the court, at least in many
details, was organized to convict, he preferred
to submit to the desoation of his home, and
the breaking up of every tie that makes life
happy, or even endurable, In preference to
lying in feloI's cell upon mendacious
charges, supported by perjured testimony.
PICKET.
NILSSON AND Her LovERs.-It is the mis-
fortune OF celebrities to be talked about in va
rious more or less unpleasant ways, and Miss
Nilsson finds no exception In her own case.
It Is difficult to believe. that the smiling, dig
In private as to drive the pretty, laughing An.
ME Cary to tears; but such is the story which
follows close upon the heels of the tale OF her
recently manifested wrath against Miss kel.
aogg. As If to complete the defamation OF
<t Cr-a Itch, oh fc ronropQDtad