The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1879-05-28
THE CONVICTION OF THE AVERY
BROTHERS.


With his characteristic energy Haas
organized posse and followed the
thieves to the Texas line. Finding he
could not overtake them, he mailed
postal cards to almost every point in
Northern Texas, and leaving the pur
suit to two trusty men, returned home
intending to make arrangements, gu 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
Bonham, Texas. He and Sheriff Du-
son, thereupon got requisition, pro.
ceeded to Texas, got the horses and
thieves, Amos Avery and one Anselin
McWilliams alias John johnson and
brought them back to St. Landry
Subsequently both parties were in
dicted 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
dictments found against him and
threw himself on the mercy of the
Court and was sentenced to the peni-
Tertiary for seven years. Avery re-
fused to do this and asked for trial
by jury. He summoned as witnesses,
on the trial for horse stealing, his two
brothers Daniel and Robert Avery, Of
Rapides Parish, to prove an GLibi.-
They came, and the day of trial, after
listening to the evidence elected by
the State, which fixed his guilt beyond
any doubt, took the stand and swore
positively and unequivocally, that on
the night of June IL, 1878, they had
sleptsall night in the same bed with
their brother, mt their home in Rapides
Parish, alb ,ut thirty miles from Haas
residence.
To the most casual observer it was
apparent they had committed wilful
and deliberate perjury. The jury
brought in against Amos Avery ver-
dict Of guilty. The District Attorney
in the meantime had made affidavits
for perjury against Daniel and Robert.
They were both arrested aid commit
ted to Jail in default of giving bail in
the sum of three hundred dollars
The District Attorney then announced
his readiness to proceed with the trial
of Amos for stealing the bride and
saddle, when he Withdrew his plea of
not guilty and entered the plea of
guilty in both cases, thereby giving
the lie to what his brotherlhad just
sworn in his behalf in the most salts
fictOry and conclusive manner. He
was subsequently sentenced to nine
wears imprisonment in the penitentia-
~, where he is now serving out his
term, the Supreme Court having at
firmed the Judgment of the District
Court
Week before last the Grand Jury re
turned true bills against both Dn
IT,, and Robert Avery for perjury.
They we're immediately afterward ar
raignrd, plead not guilty, asked for
trial by jury, and proceeded
to take out compulsory process
for seven nr eight witnesses in Rap
lies. Tho process was made retnrna
bile last Tuesday morning, and to the
surprise of every one, the witnesses
save one, whose presence was dis
pcnsed with, were all in. The case
against Daniel was called for trial
first. The evidence that he had com
mitted perjury willfully, corruptly and
knowingly was crushing beyond any
thing we have ever heard. 1t was
proven in addition By two witnesses
that soon after Amos was arrested and
lodged in jail here, Daniel had stated
shat he had sworn falsely To get his
brother out of Jail in alexandria, and
that he wonld swear him ont of the
Opelonsas Jail in tho same way"
The jury composed exclusively Of
the regular venire, after being ont a
few moments, returned verdict Of
guilty with recommendation to mercy
Robert was then tried by a jury
composed almost entirely of talesmen
nine of whom were colored. The ties.
timony against him was about the
same as against his brother. He was
also convicted with a recommendation
to mercy. This disposss of the whole
tamily for many years to come.
The jury may have had reasons fol
commencing to mercy, but those
Who attended the trial could not see
e, and we reckon they'll not get mucl
OF it. The accused are bad men, and
ga the District Attorney well remarked
in his argument to the jury, "you car
lock out thief, You can guard against
3 murderer or an assassin, but what
nan is safe, in his life, liberty, repu,
alton or property, if perjarers are al
owed to go free and unpunishedR"
These convictions, we look upon, al
amongst the most important evel
made In our District Court, and Wa