The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-20
AVERY TALKS.
HE CONSIDERS HIMSELF scAPEGoAr FOR
PADDOCK
[From The St. Louis Times, April 1871


BABcocK.
From the st. Louis Times April 1871
Times reporter yesterday visited Colonel William o.
Avery his CELL No IS, In the County JAIL and
versed with him in regard TO his present unfortunate
position Colonel Avery reclining his bed read
ing the Times but laid down the paper and gave the
porter hearty welcome. The conversation opened
with the question:
SHOW do you feel, Colonels"
AvERy-on. feel very well, physically. My health
better, and have made up mind TO stand
this thing without whimpcring. have been over
whcmed with misfortune from the very rst but IT'S no
REroRTxR--You confidently expected a new trial,
didn't your
AvEl:y-I felt sure OF that, and knew would be
acquitted second trial, for have IN my possession
documents that would place my In very different
light before jury Besides don't believe Con-
Megrue would dare testify against again. His
only evidence that tended 10 connect with
the conspiracy and since my ra he Dragged that he
put bad hole and with In
the face OF evidence have secured since my trial he
would be very clear OF swearing TO what he did before
me and thought was unjus,y convicted. Within two
months after my he would have granted
new trial, but hc was induced 10 change toward me
by the very basest treachcry.
REPoRrEa--what do you attribute the change tor
AvERy-You ought TO know, and no doubt do; but
very few people understand tho The fact Is,
was sacrificed to Babcock; was made scape-
goat OF for his sake Babcock's attorneys brought
out here as witness Tor him, and then old Porter
turned round and slaughtered me IN his speech
RgroRrEg-Dld Storrs and Babcock indorsc that
AvERY--No: am sure they did not Storrs, WILL
Jams and Babcock all told at the Lindcll aterward
that they sincerely regretted that part Of porter's
never have allowed him to make II. They very
sorry for II; but, my God! that does not do any
good In my present condition. The harm was done,
and all the regret they might fee could not repair It,
REroRTER--Do you think that Judge Dillon iniiu
enccd Judge Treat against your
AvERy-Wcll, the fact Is II can't do me any good to
say anything against the judges and have nothing TO
say about Judge Treat lie acted honestly and consc
cntiously and don't blame him ut ALL but know
Judge Dillon acted against mo and prejudccd Judge
Treat, and may say everybody. Why, didn't he dur
Ing the Ba0cock trial say to the jury or IN their pres
that IL reasonable to believe that the Eing
had Avery and Hogue tucy had no usc for Babcock,
and, therefore, he was not In the conspiracy His
argument all IN Babcocks favor Dillon was deter
ned Babcock that Is pain, aud 10 DO that no
threw tho burden on me.
REroRrgR-what induced him to pursue such a
courseY
AvKay-He Is creature OF the President and has
eye the Supreme Judseship. He went to such
extreme lengths Babcock thar he thought he
would alpcase the public by beng very rigid with the
balance OF u.s. Tue papers censured HIM severely or
his course the Babcock case, and lie thought he
could aay by Furnishing all the rest OF Us, and de-
tcrmined to give us no show. That ~ why my SEN
tcucc is unjusty severe am confident that Judge
Dillon liked my sentence and persuaded Judge Treat 10
agree II. thought II the worst came to the worst
and was sentenced Il would certainly not be for more
than SIX months in the County Jail They were de-
tcrnined to Babcock and 70 mako me scapcgoat
to satisfy public clamor. II had been provided
with more and therefore better counsel in tho
first place, l would never have been
vic,ed Chester Krum is fine
ever lived but he Is not tho lawyer To
fight such nine where every point has to DO
taken advantage OF WAS ut the mercy OF man like
Mcgru and the only way to light devils IS with bigger
devils Krum is that kind OF lawyer. oh, Lordl
If had just had Ben Butler but he failed the
last moment II had got new trial intended TO
have had Benjamin f. Tracy, OF New York and w. 4.
Cook, of Washington My friends had secured them
for krum IS too sangune. Ho deceives himself
at every step. He Was IN Washington last Sunday
aud felt confident that the motion arrest OF judg
ment must be sustained. He said there could be
doubt tho point must go to the Supreme Court
for determination When left home had no idea OF
being sentenced. badc my wife and family goodby,
expecting TO be with them soon again Krum was so
REroRrER--Coloncl, you seem TO have thoroughly
laid aside all weakness. II you haye felt any
AVERY have. l am determined bear 1t like
man. l think have maintained my dignity through
out, and intend 10 do so 10 the end The sentence
came upon re so nexpectcdy that for few moments
/ slightly gave way. but was only temporary.
determined TO live for my vlndicaton Yes rising
from ns reclining position and raising his right hand
and speaking III The most determined manncr), unless
the Almighty cuts me oil, intend to live until all men
admit that am an innocent and wrongcd man.
me TO bear ali manruily, and tsoi,cningkis vocci
would not II | single My wife aud
daughter must bear the obl0quy and anguish without
single spark Of hope encouragement Many,
know VIII turn their backs upon them because Of
what they term my disgrace, aud II Is only thoughts
of them that grove me. They cannot experience the
feeling that braces upthe certainty tha; my vndl
cation will como in time.
Colonel Avery remarked that he would like TO remain
in Jail here long enough send for his wife and child
see him before he the Pcnitcnary He said
he had thought Of making that request OF Colonel Dyer
but concluded to abandon II, 1t would likely be
fused He said that for years he had suffered with
throat disease something like ionsts and he antci-
latcd attack when his beard cut on. He
has 1t full for long time under advice of his
ply stefan, and the change will, he thinks lay him up
for a few weeks, but beyond this he does not apprc-
bend any unpleasant physical result from his mprson
mcnt
As the reporter rose leave Colonel Avery said II
am glad TO the Times showing up that man Brstow
He is the INSCRIPTIONS rascas biggest
liars that ever lived And he Is fool enough to be-
lcyc he will be nominated for the Presidency lie has
all he could inure the President and what would
he have been ii the President had not taken him up
He nothing but third rate Kentucky lawyer, aud
be fourth rate Kentucky mule thief /"
Referring to Con- Mcguire, Colonel Avery said he
thought the Court and tue prosecution had discrim-
mated in his favor. In regard 70 his application
PARDON he confident the President Will not grant
He sad that he had the very best means OF kLowing
tho Presidents mind IN these matters through Bah
cock and Others and all applications for pardon would
be futile. He would not interfere. Said Avery: 81
know that tho President has several times expressed
his belief IN my entire innocence: but do not intend
ask for n pardon or permit anybody do for
have made up my mind TO endure il through, and the
only wish have Is TO see my wife and child before
shaver and disngured Tor the PcnitcLtiary.n
General Mcdonald was quite Ill yesterday, too much
10 receive visitors. He did sleep any the night
before and to be failing very rapidly His
spent almost the entire day with HIM, ana his friends
feel very ANXIOUS about his condition. Unless
marked Improvement takes place there IL but
little probability OF his enjoying tho privileges or
y Tree man again.