Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-11-10
AVER|LL TRIAL Of
SPECIAL INTEREST
Spectators Throng Franklin Coun
ty Court House to Hear De-
tails Of Murder.

st. Adams. Nov. s-The county court
house was the most popular place in this
city to-day wheu the trial of Mrs. Frank
Averil on the charge Of tho murder OF
her husband was continued before Judge
| W. W. Miles The respondent was un.
disturbed by most of the proceedings and
remained in the same undlsturbed cOndi-
ton until the exhibit of the glass jar, ir
which was a part Of the forearm Of her
dead husband. was placed near her for
examination by the defending attorneys
whom she broke down and for a short
time lost control of herself.
Tho first witness examined yesterday
morning was n NJ. Mcintosh. a civil en-
gineor of burlington. who came here a
few days after the tragedy for the purpose
of making plans of the house and sur
roundlnEs of the Averll house In the
Tullar district. His plans were very
complete showing the location Of the
rooms of the Averil house, and It's
relative position to the house of Frank
Wells where the wounded man went
directly after the shooting. He showed
the position of the gun as Mrs. JOIN
Bird an intimate friend Of Mrs. AverilL
remembered 1t. Also the holes made by tic
shot in the panels Of the door and the
location of the spots Of blood in the
Averil and Wells houses.
All of the exhibits were allowed though
the defense made some objection declaring
that the witness had told Of certain spots
of blood in the house that he had not
shown on the plan.
RESULT OF THE AUTOPSY
The next witness was DR.. r. II. stone
! i-f nd
director Of the State laboratory of hygiene.
He, with DR.. r f. Welch of Franklin.
DR.. w ]. Upton of this city. and DR., G.
F. Dalton of Burlington. performed an
autopsy on the body Of the dead man at
Franklin October 80, the body having been
| exhumed. He told of the terrible lacera-
| ton Of the right shoulder and arm, and
also Of slight wounds on the cheek. He
| said tho cause Of death was shock and
| loss OF blood.
| In connection with his testimony parts
| or the arm Of the victim of the tragedy
and shot taken from the wounds we've
exhibited. A part of the forearm exhibited
had tatooed upon IT Frank Avertl.'
| In the afternoon Dr. A. A. Skeels was
called 10 the stand. He attended AveriE
with DR.. w. j. Upton and Or. F. A.
| HYATT and told of the condition Of tn
man when he saw him and when asked II
he heard the wounded man or his wife
make any explanation Of the accident
during his visit said he had. That Mrs
Averill said: He dared he to shoot him
and ! shot him through the door.
The witness also said that the Worn
an said deliberately and with decision
that the shooting was an accident
| After cross examination OF Dr.
SkeeIs by Warren r. Austin DR.. w. j.
linton was called Or. Upton was the
FIRST physician TO see Averill after the
accident. arriving at the Wells house
about ten o'clock. He told of the treat
mont of the wounds and of taking the
man TO the hospital where on the next
day It was found his condition was grow
ing worse.
"HE DARED ME TO SHOOT"
On being questioned concerning any
conversation that transpired during tho
,ight. he said he heard Mrs. Averil say
something to this effect: I'VE were fool
ing and he dared me to shoot, and did,
but II was on accident" He testified
that Mrs. Averill remained with her hus-
hand continually and from time to time
rubbed his hand and forehead. The ques-
tlon. did sho render all the attention
faithful wife should" was ruled out hy
the court.
DR. l., \. Hyatt. the next witness, gave
further details as TO the nature or the
wound ard to the treatment given. lpr
Hyatt was the last physician to leave the
hospital before the death Of Mr.. ANerll.
His testimony was along the same gen
, eral lines of that Of the other ply sicians
= with the exception Of some minor
points.
short Mr. Austin Cross-eXamined the
witness for a short time. one question
as to any statement having been made
= hy Mr.. Averill met the same fate of
t some similar questions which the res
| pondant's attorneys had asked and was
: ,uled out by the court
MORE QUESTIONS RULED OUT.
The next witness for the State was
!, MIRA Bird. Her testimony showed that
Mrs Averil slept in the room in which
Mr. Averill was shot and also that hor
parents were at the Averill's on the
evening" of the crime. Two questions We're
excluded. What was done at the Averlll
house while you was shere?" and did
YOU ever at any time hear Mrs. AVerii
use profane language" Her testimony
, also showed llal All Oh tHe tbNd ItlnuN
left the Avernl house where they had
. passed the evening and went to their
homo at about $40 on the night that tho
crime was committed. There WAS no
cross-exaniinaticn of this witness
Policeman j. +. Mahoney was the only
other witness examined. Among the eX-
hibits was short skirt worn, presum-
ably oy Mrs. Ayerill the night of the
shooting, and which was found in a can
in az out house on the premises by Mrs.
Bird. IT has been saturated with blood
and was packed In newspaper The
!, comforter on the baby's bed in the sleep
ing room in which Aerill was shot
e sheet from large bed, the bedroom
door, the shot gun and three shells that
were found in the pantry. All the bed.
I ding was red with blood.
The prisoner at the close OF the after.
t moons proceedings appeared as disinter.
ested as she did IN the first part OF thu
day though she did eyince some interest
20 in these exhibits. at least turned her
: head to look at them. AS the trial pro
ceeded the crowd attendins Increased un,
III n MAS necessary to bring in chairs