Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-05-29
NOT MEDDFD.
Serious Charges Growing Out of wom-
ans Misfortune


warrant vas issued yesterday by Judge
Henry, on the complaint of Miss Maggie J
Hill, accusing 5. w. Austin, resident of
the Sandwich Islands, of perjury, in swear
ing to an affidavit whereupon he procured
a marriage license in the name of Hiram
Z. Avery; and also warrants for the arrest
OF Eugene Avery, newspaper reporter in
San Francisco, and J. G. McGinniss. grocer
OF this city, with subornation of perjury.
IN abetting Austin in his proceeding. II
appears that Avery and Miss Hill were I'M
duly intimate under the promise OF mar
rage, 1t is alleged, in the year 1885, and a
daughter was born, who is now s months
Old. Last October, at Miss Hills earnest
solicitation, Avery consented to marry her
put for family reasons did not want the
fact made known. He and his college
cchum, Austin, arrangeda plan that seemed
hheiy 10 ut the occasion, and the latter
accompanied by McGlnniss, went to County
CLERK Hamilton and procured marriage
incense, Austin representing that his name
was Hiram C. Avery. The license was
made out in that name, Austin having
sworn to it, and McGinniss appending his
signature as witness. The wedding was
to have taken place that night, but previous
- ~ -AASo Iilll VI ltl SlSleE discovered that
the license did not give Avery's name cor
rectly. The fact was reported to Rev. Mr..
Merrill, who was to have performed the
ceremony, and he Immediately refused to
proceed further. Subsequently the parties
went to Woodland, license was procured
but Miss Hills sister refused at the last
minute to be witness, expressing her be-
lief that all was not right, though it seems
she was mistaken, and the marriage again
fell through, Miss Hill declining to go on
with it. it is said that afterwards they
were on the point of being married,
but something happened to inter
itively refused to do ANYTHING further
A few weeks ago Miss Hill applied to Dis
trict Attorney Buckley for warrant for
Austin's arrest on charge of perjury. but
admitted to the official that her expectation
was that if she had Austin arrested. Avery.
to save his friend, would be willing to
marry her. Mr. Buckley was in doubt
whittier under the circumstances connected
with the procuring of the license and its
not having been used, the charge of per-
jury would hold and he did not feel that
he would be justified in having man ar
rested tor felony merely as a measure to
ana III compelling another party to
do something. He took the matter
under consideration and meanwhile
wrote to Miss Hills brother concerning
the matter, but the latter declined TO have
anything to do with it, Miss Hill had
simultaneously consulted City Attorney
Hart, who thought the charge of perjury
could be substantiated if the facts were as
alleged. The matter rested until Yesterday,
when Miss Hill, fearing that Austin would
leave for the Sandwich Islands during the
vacation at the University, became very
anxious TO have the warrants issued. She
went to the Courthouse, and had Il rather
sharp interview with the District ATTORNEY,
and on her telling Mr.. Buckley that the
City Attorney was willing to proceed if he
conceded, he stated that he had no obiec-
ton. She and her sister hurried to the
Police Court where, after adjournment, the
complaints were made out by Mr.. Hart
and the warrants issued. Steps were taken
to have them served Immediately.
In the afternoon McGinniss was arrested
by officer Rider, and gave bond. Avery
was arrested in San Francisco on dispatch
from Sacramento, bat whether Austin has
been taken into custody is not known.