Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-11-17
Weeps after Telling That Shoot
ing Was Accidental and Then
Has Mysteries.
SRRIEKS I CAN'T TELL ALL
Becomes Confused and Gross
Examination Has to Be Post
poned-A Day Of Thrills
in Court.

St Adams, Nov 1.-THE Averill trial In
Franklin county court to-day was sensa-
tonal enough to please tho most diligent
seeker for excitement when It was an
nounced that Mrs. Wells. who tainted
on the stand the day previous, was not
able to testify to-day, States Attorney
johnson announced that the state would
rest.
Just here things began to happen"
for the defense Immediately put on tho
stand the prisoner, Mrs. Averil. She had
spent the entire morning weeping and
was apparently in q terrible condition,
physically and mentally. Her step YVES
faltering and her answers We're scarcely
audible. She is an Irish woman and
speaks with a decided brogue She mar
ried Mr.. Averil in 1904 and came from
ireland q years ago. The prisoners story
Of the shooting was that after Mr. and
Mrs. Bird left for home on the fatal night
she kissed her husband and they prepared
to retire but having left light burning
in the kitchen she went to put 1T out.
She then spoke to her husband about
having been scared some time ago by
some one on the piazza at night. and
her husband proposed to show her how to
SnOOt inc gun II Sne ever ITlRhteneN
again. She took the gun and at that mo-
ment her husband made noise which
startled her and he ran into the bedroom
and shut the door and II hit or the door
with the end Of the gun and it went off,
She said she did not pull the trigger
COUNSEL GIVES HER THE GUN
Tie woman wept copiously at the con-
I
given her to Compose herself It was es-
pecially dramatic when Mr.. Austin hand
ed her the gun in order that she might
show the manner in which she held it,
| She took the weapon but Immediately
sank to her seat completely overcome.
She testified that after the shooting she
| said: ''My God. Frank. did | shoot you?
1t was an accident and he replied:
Yes. Josie. but it was an accident" Her
| husband then ran to Frank Wess house
and she followed him. both OF them. she
| said "hollering'' vigorously. At the
Wells house she said she told her hus-
band to say it was an accident. as she
knelt over him.
She characterized the Wells family as
| her enemies and she wanted them to
know the truth about the shooting right
away. She denied fatty that she ever
said she and her husband We're out in
field that night She testified to telling
DR.. Skeels that she and Mr.. Averill were
fooling and he scared me and shot him
through the door She said that she
waited on her husband during the night
and gave him whiskey when the doctor
prescribed It, She described the taking
OF her husband to the hospital and her
being with him an hour before he died
Also that he said Just before ne died,
Josephine, l love you
DENIES MAKING THREATS
The denied having ever made threats
| against her husband. A bunch of letters
were produced which were to indicate
that she and her husband were on good
terms and wrote to one another when
away from home. She testified that she
first met Mr.. Averll In Cambridge Mass.
where she went to work for him. He
was at that time living with a woman
called blanche and she (Mrs. AverilD
supposed they were married but found
out they were not and she and Mr..
Averill were married In Worcester, Mass.
though she did not know by Whit
minister. She never saw blanche" again.
sion Mrs. Averill was on the stand
again and Attorney General Sargent
began questioning her about her life
with Mr.. Averll and blanche" in
Cam bridge The witness became con-
fusd and more confused and her ans
wers became less and less clear and
at variance with some of her prev
ious statements. As she saw that she
was getting deeper and deeper into
the maze she became so excited and
confused that Mr. Sargent said he
would not continue along that tack.
1t was evident that the woman was
about to collapse and Mr.. Austin hur-
ried to her just in time to catch her
as she fell forward. She regained heI
strength sufficiently to rise bat on
getting to her feet and while being
helped from the court room she fell
again to the floor and had to be car
ried to the witness room. Medical aid
was summoned and it was apparent
that she would be unable to resume
her testimony during the afternoon.
WITNESS HAS MYSTERIES.
She became hysterical and her means
and groans could be heard In the court
room. AS she lay on the floor she re-
peatedly said in a loud voice, Il can't tell
everything oh, can't tell everything"
and MY God, I have done nothing
wrong" 1t was necessary to give the
, woman n hypodermc About three-auar-
tiers of an hour later she returned to the
, court room and resumed her customary
seat between her two attorneys
Charles Page of Sunapee, N H.. was
, called after things had settled down. Mr.
Page was friend OF the Averills and
, the two families had exchanged visits. He
had never heard of any trouble between
Inc respondent and her husband and they
always appeared to be on good terms
DE- T. A. Hyatt recalled, testified
that the action of Mrs. Averill toward
her husband the time he attended the
wounded man was such that she appar-
Z ent'y loved and respected him.
The court will reconvene at eight o'ciooR
= tomorrow instead of nine o'clock.