The Barre daily times. (Barre, Vt.) 1897-1959, 1910-11-09
About Repeating Ayeril's
Dying Statement
In THE ST. ALBANS TRIAL
He Had Previously Told the Court That
Dying Man Had Said, II Am Going
to Die; Josephine Has Shot
Me-" Etc.

st. Albans, Nov. 0.-Chief of Police
j. i. Mahoney was called to the stand
again this morning when the trial Of
the case Of State vs. Josephine Averill,
charged with murder of her husband,
Frank G. Averill, was resumed Chief
Mahoney was on the stand when court
adjourned yesterday and this morning
he was soon disposed OF, and T. p. Wells
to whose house Averll went after he
was shot was the next witness called
ly the state.
Wells told Of being called to the door
al his home, where he first saw Ayerill
leaning against barrel on the piazza
and then sinking to the floor Of the
piazza The jury was then taken from
the court room by the sheriff, while
the state offered to show by the witness
what they claimed was the dying state.
ment OF Ayerill The states attor
ney tnen asked the witness what Aver
III said TO him when he went TO the
door, and the witness answered, 20 God
am going TO die. Josephine shot me
and snapped the gun again
The court decided that the statement
should be received by the jury and or
dered the Jury brought back. The wit.
ness was then asked to repeat Averill's
diving statement. The witness eyident-
II became confused and repeated the
statement he had just made TO the judge
with the exception that he left out 4
am going to die" which was very es-
sential part Of the statement to prove
that it was Averills dying statement.
A lengthy argument then ensued be-
tween the lawyers and many exceptions
v ere noted by the defense but this part
of Wells first statement was finally got
ton before the jury Wells asked what
Mrs Averil said when she arrived at the
Wells house. The witness said she three
times said to her husband, Frank, tell
them it was an accident"
The cross examination tended TO show
that there had been i'll feeling between
the Wells and Ayerill families due to
what the lawyers characterized as the
improper attitude Of the Wells boys 10
the three. year-old daughter OF the Aver
Ills, Wells stoutly denied that there was
any such cause for trouble between the
families.
H. c. Varney, an expert woodworker
was called and told Of his examination
IF tae door ard the hole in the panel Of
he door at the Averill house. Mr.
Narney claimed tnat he could tell the
length Of time that marks on wood had
been made and he testified that in his
opinion all the marks on the door and
the hole in the panel were made at the
same time.
Warren s. Stilten, who resides in the
Tuller district, told the jury Of his going
To the Wells house before Averill had
been taken to the hospital and that Mrs.
Averill and Mr. and Mrs. John Burt
came to the door. He told about the
removal Of Averill to the hospital and
he said that just before Averill was tax
en- away he saw the gun standing in the
mil and that Mr.. Wells took the gun
up and opened ii whereupon loaded
shell fell ont and another shell came
part way out This she'll, he said, Mr..
Wells took out of the gun and they
both saw that the she'll had been fired.
Yesterday afternoon Mrs. Averill made
request that her young daughter he
allowed to come ints eomt and sit with
her, but tne court refused to grant the
request.