St. Landry democrat., 1879-05-17
TN Providence We trust'-cvcry'oAy else cash
The Conviction of the Avery
Brothers,.

tCditas VA pt|y VIZ >iiA>o'' A'eN o''>
valuable horses stolen from him. Will
his characteristic energy Haas organized
q posse and followed the thieves to ths
Texas line. Finding lie could not over
take them, lie mailed postal cards tt
almost every point in Northern Texas
aud leaving the pursuit to two trust5
men, returned home intending to make
arrangements, go to Texas and follow
the thieves until he caught them.
A few days after reaching home, he
got news that the thieves and horses
were in the hands of the sheriff at Bon
ham Texas. q
He and Sheriff Duson, thereupon got
requisition, proceeded to Texas, got
the horses and the thieves, Amos Avery
; and one Anselin McNVilliams alias John
johnson and brought them back to St.
Landry.
Subsequently both parties were in
dictcd for stealing the horses, saddles
and brides, the latter of which they
stole from some of Haas neighbors.
When Johnson was arraigned last
January he plead guilty to all the in
dctments found against him and threw
himself on the mercy Of the Court and
was sentenced to the penitentiary for
seven years. Avery refused to do this
and asked for trial by jury. He sum-
noned as witnesses, on the trial for
horse stealing, his two brothers Daniel
and Robert Avery, of Rapides parish, to
prove an dlibi. They came; and on the
day of trial, after listening to the evil
dence elected by the State, which fixed
his guilt beyond any doubt, took the
stand and swore positively and unequi-
vocally, that on the night Of June 18th,
1873, they had slept all night in the same
bed with their brother, at their home
in Rapides parish, about thirty miles
from Haas residence.
70 most casual observer it was ap-
parent they had committed wilful and
deliberate perjury. The jury brought
in against Amos Avery a verdict OF
guilty. The District Attorney in the
!. meantime had made affidavits for per-
jury against Danial and Robert. They
were both arrested and committed to
Jail in default of giving bail in the sum
OF three hundred dollars. Tile District
Attorney then announced his readiness
20 proceed with the trial Of Amos for
stealing the bride aud saddle, when lie
withdrew his plea of not guilty and
entered the plea of guilty in both cases,
thereby giving the lie to what his brother
had just sworn in his behalf in the most
satisfactory and conclusive manner. He
was subsequently sentenced to nine
years imprisonment in the epennitentiary,
where he is now serving out his term,
the Supreme Court having affirmed the
Judgment of the District Court.
Week before last the grand jury re-
turned true bills against both Daniel
and Robert Avery for perjury. They
were Immediately afterwards arraigned,
plead not guilty, asked for trial by jury,
and proceeded to take out compulsory
process for seEen ll or eight Witnesses in
hapides. The process was made re-
turnable last Tuesday morning, and to
the surprise of every one, the witnesses
save one, whose presence was dispensed
with, were all in. The case against
Daniel was called for trial first. The
evidence that he had committed perjury
NlsaHl1ys e0rruptly and knowingly was
efustnng beyond anything we have ever
heard. itWasproyen ia addition by two
witnesses that soon after Amos was ar
rested and lodged in Jail here, Daniel had
stated that he had sworn falsely to get
ilis i brother outof Jail in Alexandria. and
that he would swear him out Of the
9peloasas jail in the same way.a
The jury composed exclusively of the +
regular yenire, after being ont d few
moments, returned . verdict Of guilty |
y.fh recommendation to mercy,
paha,,. sai-s !
robert was then tries, " Il jury, COM J
posed almost entirely of talesmen, nine
OF whom were colored. The testimony
against him was about tile same as
against his brother. He vas also con-
vlcted witt. Recommendation to mercy. /
iiils dlsposes Of the whole family for
many years to come.
The jury may have had reasons for
recommending to mercy, but those who
attended the trial could not see it, and