Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-06-04
THE PERJURY CASE.
A VOTING GIRL DRIVEN TO THE
VERGE OF INSANITY.
The Court Refuses to Hold the De
PENDANTS = Queer Matrimoniai
Methods-The End Not Yet.

The destitute condition of the two Misses
Hill, coupled with the fact that the Incl
dents out of which grew the perjury case
had driven both almost crazy, awakened
considerable interest in the matter. AS
result, large number of spectators mad as
sembled at the Police Courtroom yesterday
morning when the case was called.
On the opening of Court, City Attorney
Hart, addressing the Court, said that Mr..
Trvon had called to see him, and said Miss
Maggie Hill was unable to attend Court.
She was suffering from severe nervous at
tack, and he was afraid she was slightly IN
sane. Mr.. Hart said he had seen her the
evening before she had called at his office,
and he, like Mr.. Tryon, thought the young
lady on the verge of insanity. In view OF
the fact that she was unable 10 appear IN
Court, she being the complainant, ne de+
sired again to ask for continuance OF the
case until such time as she could appear
and assist bv her presence and evidence in
the prosecution. Hers was the only addi-
tional testimony they had to offer, and 1t
was desirable that she should be present
and in a condition to give it.
The Court said if Miss Maggie Hill APP
peared at any time before the close of the
trial she would be allowed to testify, but
refused continuance of the case on the
grounds asked by counsel.
Mr.. Buckley said then they would have
TO rest their case.
Grove L. Johnson, for the defense, said
1--WE find ourselves in this position. Both
counsel are convinced that nothing has
developed in the case that would warrant
Iofa hut in, viz of
| the fact that our clients wish 10 be heard,
we will not make a motion for a dis
missaln
John c. McGinnis was sworn-Knew
County Clerk Hamilton; know the Hill
sisters am their brother-in-law haveseen
Austin and Avery girls came to me the
evening license was obtained wanted me to
go to Avery and have the matter settled.
Went to Avery. He told me his right
name was Hiram c. Avery. They told me
to 90 and get the license. Avery told Aus
tin to go with me. Austin said, What
name shall l use?" and Avery replied,
" The one l told you. Went to Hamilton's
| house and called him out. Did not intro
duce Hamilton and Austin. Did not rep
| resent Austin as a party by the name of
Avery. Walked with them a short dis
lance then left them and went to Tryon's
| to see the girls. Austin and Hamilton
reached the Courthouse first. When l en-
| tered the Court house Hamilton said, I'm
| glad you've come. We can now settle this
| business" gave him the nativity of the
girl and her age. Hamilton had
pen in his hand, and an open
| book before him. The affidavit
was not read, that 1 know of. Hamilton
asked me if she was over is, and | replied,
Yes, over %" Austin signed the certif-
cate by authority of Avery, and l signed it
simply as a witness. Avery told Austin to
get the license. Austin was not sworn,
| that l know of. | am pretty positive no
oath was administered | was there from
the time the blank was filled until the
| license was issued and l was not sworn.
Witness went over all the ground again,
dwelling particularly upon the fact that
nobody was sworn, and that Austin was
signing for Avery He seemed to be pretty
positive that no affidavit was read, but was
quite positive it was filed out. When we
went to Tryon's Austin handed the license
to Avery. | called Maggie out, and Avery
said Here's your license" Someone OBJ
jected to Mrs. Tryon being present. | re-
monstrated, and they said, "All right; let
il GO" The name was explained to Mag
gle before the license was taken out. Avery
told her it was his right name, that of
Eugene being a nickname, one of his own
adoption Witness said he had assisted
his sisters-in-law with money and clothing.
Had given them $30-all the money he had
in the world. He said Avery appeared to
be willing to do anything he could to rec
tify the mistake.
On cross-examination he went over all
the ground of his direct testimony, and
contradicted in many particulars the
testimony of Mrs. Tryon. He denied
positively of asking Mrs. Tryon if
the couple could be married at her resi-
dence, of introducing to her Austin and
Avery He had not met Austin before that
night He explained the statement sworn
to in his direct testimony, that he did not
introduce Austin and Hamilton by stating
that he never introduced nybody; did not
know whether they were acquainted or
not denied emphatically having intro
duced them. This was sworn positively
| to by Hamilton On cross-eXamination
he did not know what answer had been
made, or information given, by Austin at
| the Clerks office. Did not know whether
the blanks were filled in before he ar
rived there or not. He, however, saw
Austin sign the affidavit. Hamilton.
| Just showed over the book to Austin, said
sign this, and then asked me to witness it.
Hamilton handed the license to Austin.
Mrs. Tryon accused Avery of forgery at the
| house. The only one who ever kicked up
a muss, and was always doing so, was the
oldest sister, Mrs. Tryon said to Avery
You know this is forgery, and you
ought to be ashamed of yourself" Avery
| told her it was his name. | did not say to
any one that l knew the license was
| fraud and intended to stop the ceremony.
| Testimony of Miss Sarah Hill
| The next witness was Stafford w. Austin,
one of the defendants, a resident of Berke-
| ley, and student in the State University.
| He said he knew Eugene Avery. Witness
spoke of the friendly relations existing be-
tween himself and Avery they being class
mates at the University. When Avery
found he must marry Miss Hill he desired
to do so without the knowledge of his
father, or his Berkeley and San Francisco
| friends. This he assured witness he could
do by procuring license in his true name
which was not Eugene. Being &C.
| quainted with the County Clerk, Avery did
not like to go for the license, so detailed
witness for that purpose. / asked how /
was TO have it made out, and he
replied, H. C. Avery" McGinnis
went with witness to Hamilton's house,
and with the latter to the Courthouse.
Was not introduced to Hamilton.
Hamilton at the Clerks office said, In
|
About the age / said the girl was over IS,
but did not know the nativity. McGinnis
came in and settled that. When the writ
ing was complete he pushed the book to-
| ward me, did not use the word sign, but
said something about writing my name,
and in a hurry wrote. was not sworn,
and Hamilton neither read nor stated the
| contents of it. | did not know it was an
| affidavit until saw it in the Court yester-
! dav. l never was in Court before, and this
was my first experience in obtaining mar
rage license. / was only accommodating
a friend, and did not attempt nor
think of personating him. | simply repre-
scented him as an agent, and when | re-
ceived the license, walked Immediately to
Tryon's and handed it to Avery. Saw
Avery give the license to Maggie. She OBJ
iected to the name. Avery said the G was
wrong: it should be Fl. T. instead of H.
c., and that had misunderstood him He,
however, contended that it was all right;
any way, he was willing to proceed with
the marriage. Witness then related cir
cumstances connected with meetings of
Maggie and Avery at Woodland and San
Francisco for the purpose OF getting mar
ried. In both instances Avery was ready
and willing, but the sister would not allow
the ceremony to be performed.
~, orocc- N tinn witness said that