Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-06-03

clerical error. That man with the spec
tacles on behind you swore to the affidavit.
, and the license was issued for him to him. =
Some time later the elder sister called for
marriage license for the same parties.
| saying it was forced marriage. He re-
fused to issue it. Miss Maggie called after
wards herself and the license was issued
to her,
On redirect examination, Mr.. Hamilton
said he wrote the name of Maggie ]. Hill
in the affidavit instead of H. G.. Avery by
mistake. He made out the affidavit before
he issued the license, and filled out both,
by the answers of Austin and McGinnis.
swore Austin, and asked him his name,
and he answered Hiram c. Avery"
THE SISTERS TESTIMONY.
Sarah A. Hill, sister of the prosecuting
witness, was the next witness. She said
she knew all the defendants. Austin was
in the city last October saw him several
times that month; Avery spoke to her
about Austin, calling him Oscar; spoke to
Austin regarding the license; talked with
him about it at the State University. Spoke
to him about the perjury case. He said,
= You can disgrace me, but you cannot
punish me- He said, Il will have moth
ing more to do with it" | said, Are YOU
not sorry that you one time accommodated
friend?" He replied, Yes, | am"
Spoke to Mr.. McGinnis about the license
before his wife. He said he intended to
stop the minister, and hold Austin and
Avery both for perjury. He said this to me
in the presence of his wife. He said that
Hamilton issued the certificate on his
(McGinnis') honor. He afterwards boosted
of it to me in the presence of his wife.
When Avery was spoken to about it, he
replied, That will be all right; you will
have to go to Court to prove the man."
Just what he meant by that | don't know
Learned of the wrong name in the certifi-
cate that night. Eugene said it was a mis-
take, and seemed to be anxious to go back
and correct it that night. McGinnis also
seemed to be very anxious about it. They
wanted to go back they said, TO the Clerk S
Office, but think it was only pretext to get
away. Avery's first name is Eugene.
On cross examination witness said Eu-
gene had asked to be married by the name
of Hughson Anderson, declaring that to be
his right name.
a marriage certificate made out in Wood
land November 2, 1885, was issued to Eu-
gene A. Avery and Margaret j. Hill
Witness related several conversations she
had with Mr.. Johnson regarding the case
She went to him, knowing he was Mr.
Ayerys attorney, to endeavor to bring
about reconciliation that would save her
sisters honor and give a name to the lat
ter's offspring.
CORRoBoRATING TESTIMONY,
The next witness was Mrs. Tryon, lady
who at one time employed one of the Hill
girls as domestic and who has befriended
them in their dire necessities. She said
she was acquainted with the Misses HILL
She bad seen Eugene Avery and Mr. Austin
before, and pointed them out in Court.
Mr.. McGinnis, brother-in-law to the Hill sis
tiers, called at her residence one evening and
asked if Mr.. Avery and Maggie Hill could
be married at her house. She consented.
He was accompanied by Avery and Austin,
whom he introduced to her. Austin and
McGinnis went off to procure the license,
and soon returned with it. McGinnis
asked for Maggie, and she went outside.
While standing near the window witness
overheard their conversation. Austin
wanted no one in the rooms but those four.
" Let Mac be your witness and Austin mine.
If there is anything in the name you don't
like, don't object" Maggie said she was not
satisfied with the name. The matter was
spoken of to the minister, and he declined
to have anything to do with it until a GER
tifcate was issued in proper FORM Avery
remained upon my porch during the time
McGinnis and Austin were gone for the
license. When the discovery was made of
the wrong name, l asked Mr.. Avery about
it, and he said that his name was H. c.
Avery.
Upon cross-examination witness said she
did not think McGinnis had acted towards
his sister-in-iaw as he should. From what
Sarah and Maggie told her she did not
think he could be called even friend of
theirs. She never had any confidence in
McGinnis. There was a subsequent license
issued by County Clerk Hamilton for their
marriage Rev. Mr. Ollie handed it TO her,
and she gave it to Maggie
Adjourned to 9 A. NJ. to-day.