Western Statesman, Volume 4, Number 15, Lawrenceburg, Dearborn County, 21 June 1833 — Page 1

. S. HAJOR, Editor. Our Country, our Country's Laws, and our Law's Supremacy. LAWREXCElSURGIl, FRIDAY, JUtfK 21, 1S3S, . F. CLAKSiS', Printer FuMishc VOLUME IV.

POETRY.

TUIAL. OP E. K. AVERY.

ST.VXZAS. FtrSD IN 1 S.-iKLETOS CASE V F.SJl.AN!. fo!wM tins ruin 't .vis a skull Once ot' in' ethereal spirit full ; This natron s ace was life's rctre.it Tins space was thought's mst-ri.)u.. scat; What beauteous pictures filled this rpot! V hat dreams of pli-asui )ong cOI;,ol ; Nor love, t,or joy, nm hop, inr iVnr, Has Intone trace or record her?. Deneath this inmiiilerii! canopy Once shone t!io Lri ;ht and busy cyt; Hut, start not at the dismal void, If siKial love tl at eye employe.!, If v.itli no lawless fire it gleamed, But through the dew of kindness beamed; That eye slia',1 be f.i:tvcr bright, When stars and sun? have lost their light. Hiv, in this silent cavern, hung The read) , swift, and tuneful tongue; If falsehood's honey it disclaimed, And, where it eon 1 cot praise, was chained -li biid in virtue".- cause it spoke, et gentle concoid never broke; That tuneful tongue fresh tuned shall be, When death unveils eternity. Saj did these lingers delve tlia mine, Or with its envied rubies shine ? To hew the rocks, or -".ear the cm, Can nothing now avail to them ; Bi.t if tl. - pipe of truth they sruht, Or conifoil to the mourner brought, These hands a richer meed shall claim, Than all that waits on wealth or fame. Avails it, whether bare 01 shod, These feet the paths of duty trod 7 If from the bowers of joy they fled, To soothe the poor man's friendless bod, If giandeur's guilty tribe the) spumed, And lifln.c to virtue's roof returned ; These fjet with angels' winss shall vie,

And tread the palace oftha sty. From the Providence Gazette. We never read the following line;, written by Thomas Haynes lJayley, without realizing its emotion, which it is at all times difficult to sappress. The production is one of those beautiful and fplendid affairs, which do equal honor lo the hand and heart of the poet: and it, at the same time, adds to the fame already acquired by its celebrated and excellent author: Tilt TILOT. Oh, Pilot! 'tis a fearful night, There's danger on the deep, I'll come and paco the deck with the,', I daro not go to lcep. Go down! the sailor cried, go down, This is no place for Ihee ; Fear not! and trut in Providence, Wherever thou may'stbe. Oh, Pilot! dangers often met, We all are tpt to slight. And thou hat known these racing waves But to sub due their niiijht. It is not apathy, he cried, That "ivi'S this strength to me ; Fear not! but trust in providence, Wherever thou mav'st be . On such a ni-ht, the sea engulphM My father's lifeless form ; My only brother's boat went down In just so wild a storm ; And such, perhaps, ma- be my fate; Cut still, I say to thee Feir not! but trust in Providence. Wherever thou mny'st be.

am. KA.7iioLrirs defence. If it please the Court, Gentlemen of the Jury : Never in the course of my life have I risen in a Court of Justice under feelings so deeply painful as those by which I am at this moment oppressed. It shall be my most studious endeavour to avoid

any exhibition of those feelings: and if

it be my misfortune that 1 cannot control myself so far as altogether to hide their existence, believe me when I say, it is not my object to influence your minds by any such indirect appeals. My intention is to address myself alone to your understanding; your feelings I would leave to their own operation.

There is too much matter of hisher im

portance requiring my attention to ad

mit offurther allusion to myself. Yet

suffer mc, Gentlemen, before I enter on

the heavy duty still before me, to say a few words loyouon the subject of the

situation in which you appear. Never were men placed in circumstances where they were more liable to do wrong,

even with the most honest intention to do right. With the advice of one client, we have selected you from a great number of Jurors, believing that you, at least, would deal uprightly with us that you would wipe out from your heart, every cnfavourable impression which had fixed itself there, and that you

would give to the prisoner, whose life is in your hands, such a fair and impartial trial as he himself has a right to claim, and as the just and merciful laws of his country pronounce him entitled to. So much has been written, and said, and published respecting this trial, that it is scarcely posssible to find an individual

whose feelings are entirely uncnlistcd, or whose mind i entirely unbiassed. To ask you to forget all that you have heard or red, would perhaps be asking more than human nature is capable ot performing. I shall be fullv satisfied if

you honestly endeavour to do that which j

is right to divest yourselves of every prejudice which can influence your verdict and to pronounce that verdict according to the solemn oaths that you hate taken, to the law of the land, and lo the facts as they shall come he-fore you. The first point which we make i . j-til. iluf inin 1 i d ! . f . . . Innf t i . . . - y, '

Ml UUl Utu:ilCU 13, Ul.lL UU ItiC. llt.3JC;L been testified to, which can shew that the death of Saria Maria Cornell was!

not occasioned by Suicide. Before I draw your attention to our own testimony, 1 would make a few remarks on

j that which has been produced by the ; Government. I do not intend to go j minutely into it now; at the present time j it would be impossible to detail all the j facts connected with so vast a m:iss of (testimony. The learned Counsel, nf- ! tor submitting, and quoting authorities j to shew, that the fust step to be cstablishcd by the Government was that a 'murder had been committed, commcni ted at considerable length on the cvi-

are thus made acquainted with her real disposition when it is proved before you that she was expelled from the

Methodist Church, and that she was all the time contriving to be re-admitted

by means of false certificates and her

l OUe.rtcr ' be testimony of

trnh Jones a to the cmi-

. Avery, ' imt t l.c relied en, ivn uilVoront versions of it.

the testimony of this witness you have other proof of the fearful prevalence of that

ed till almost the hour Ot that lie Was fever to which I have alludeJ. !t is more in-

in the meeting hou.-e at 9, that during I factions than ihe cholera, far more swecpns

that he was back again at

nnst X nr., I rnmmo, Ihcr.i 'dn' !.-.!( VtTSrUIOU. Willi .

l i- mi .t .- , .t.t t.i and that y.'te na

an num. v in uiiai uu c iii.it. "-: ; jn was at Mr. Fullers, where he remain-!

own forgeries; when you see all these i the whole of his sojourn at Providence!111 Vl,VelecV,

strongly before you; her character, her

vindictive feeling, her threats against, and personal enmity to Mr. Avery, I ask you, Gentlemen, whether you will not unhesitatingly say that, of all hu

man beings, the deceased wasmot 111

We will then show you that Oliver

Urowiieil saw a stranger, lower iouii 0:1 tli

that of .Mr

Randolp!

he was m the presence 01 some most!

, ..,i i, ,.,i.i t : ,J

'"l'1"1'? U!U "L v Vu,u K 1 hill, at a distance of three quarters of a mil

therefore have been the mar. who del-; rasg by the gate, and that the sirangcrv ap-

lVCred that letter and we will thus lav j r earance. reiemblcd in every way the foundation to show that the prison-! At cry. r.r ff.ll.l rl 1,,, !.,- fh,. ,,!!rtI- fl Till! C'olUt lu' j Olim S(i .

l I 1--- 1--- l- . .1 ! fjl, IJ -l.: -k I, ...... 1 1 ; I III Hl'A i . JL..H Y il

rrk ii. u i :'. u., ... . .... L,.i,.,i . .., .Kf .i,:., i continued.

1 liuiu is .1 ill uu " 111, alia li UUCU O.v- I" uuuii ci m i: imi muii iuu umi uiu;. . . , , , , , . , nr.c.-,d f f , i.'l.vrn !,nafil.,,.w1 1... nA rtf'J8cts towi.icol would advert, WltilOUi

; L ii IU1 IiIcvj in-.: iteiiuiwii r ' ..- m.s been adduced, excepting so far as to jmake you undirst md its applicability.

i i x . ..-.. ,. , .i m i if? pruned t ,o s sc oeiu coinumiiieu

ICiOl.?, XKI i-c -iiij Lij.it inc eiiauiici j'ii;?c.(l

There are two other suh-

so ccrravcu would not care about u:e j positively sav that the prisoner uu

disgrace of bearing a child. Butif we sat-1 over that letter to him we will show Ufy you that she was atono time pious! you that Cranstoun, who ha been cal-

and at another abandoned and vicious, j led to testify that flu

and that no reliance could be placed on 1 tho llowland's Ferry Bridge on the 20th her temper of fcelincs even for an hour, i December, did not at Bristol declare

you will at once perceive how weak and i that lie was the man and that previ

untenable such an argument must be. We will next prove to you, gentlemen by the testimony of experienced Physician0, men on whose opinions the greatest dependence can bo placed, that a foetus would not arrive at the length of eight inches until the period of five months, at least,

had elapsed, and probably not then, cs

ous to the Lristol examination he told a person named Duvall that he had twice seen Avery pass the bridge, and that it was not Avery who crossed the dav alluded to. What reliance, Genllemen of the Jury, is to be placed on testimony of this description in a matter of" III.) and death? When you ner-

peeialty in a woman of this lewd des- j cc;vc such mcn partaking of the raging cnption. I think we shall satisfy you j fcvcr ,vhich has spread itself over the that the children of women of badLnf;r,., $;t.-irt Fnll ttivr. will rr.n

fame, of diseased women, and of those i !, .,:mr..l iht. ,-, r- irl ." r! Avery escaped, hid himself, and suiicred

- i. - i j .. i i-i i . ... . . j

tame, oi uiseaseu women, anu oi inose ; vo .a who indulge in promiscuous intercourse, 'judging are smaller than the children of other I laYe yt

women: luat tlie deceased at the pen-' od of her death must have been pregnant five month? or more, and that the women at the Thompson camp Meeting remarked her pregnancy then. If these facts come before you, you will, I doubt not;af once decide that Mr. Avery could not have been the father of this child.

Fa!

alarmed at

a man on such depositions' j

you not traced the fever r have

you not seen its evil effects on the witnesses who have been trcuht before

llae ou not heard the contra-

ofWillam Hamilton

md Eleanor Owen, pointing out the va

riation in the time at which screams were sworn to have been heard by these, respective individuals, comparing this time stated by both with the testimony of both witnesses, and drawing there from the conclusion that if these two persons Led testified the truth, which there was no reason to doubt, the prisioncr could not by any probabilifj be implicated in the transactions. Ho proceeded.) Tho next point against us is that Mr.

ins he?

;ard

anu w uiske

rs to grow; and ti

you ? dictio

iv e shah tnen prove

t;u: utter in

; manifest and irrcsnrcssible fee

ling uttered, and marked the manifest and irre?prcsible feeling under which some of these have testified i (The learned Counsel here made scmefurthcr

possi- j allusions to individual testimony as giv-

bility of Mr. Avery having had coanec-l cn j)V Miss Hamblcy and Miss Norton, tioa with her on the evening depoi-ed to j proceeded.)

oy i.er nio.iier-ir.-Kiw. , e huv.i prove . bcQye I shall be able to satisfy you

that lie was at oee of the tents at can-

dlediirht. that he wa in t!

tion tiil th.e liorn blew, that with Mr. Crandall, and that

lie slept

he went

down niiu.

to V

ovidnee the foil-.

ovc who

almost during tlie

I have h ment in-

e wa

ll;

whole camp

o 5 n : e 1 fo r i ! ; e C o vc r.

om oma oi tne witness-

that their testimony has been picked

lout, not perhaps for the express purpose of perjury, but because the good peo- ! pie of Fall River have taken into their j heads a belief that a murder has been ; committed by a Minister of the Gospel, j and that he ought to be promptly, and i in any event, punished for the crime. I I shall shew von as plainly as any rnath-

es whether trey DelonsreU lo tue iUcta-1 mM n..l r.r,-l,lm .-an il.-.mnntrntp. ihe

oJist Society: as if ruch an attempt i fcelimr under which mar.v of these peo-

Id make tho testimony stronger or j p;e have come into this Court. Their

m sure veu will not lieoeve L-.luprr i tn c.-ifiefv flm community in

cou

weaker

that all theso rcfpcctable individuals' xvhicb thev liv

md they are weak

is ctuii to icsviiv lo pnniifh t.i i hnvi- th.tr rommnnitv is (If-

that whieh is not true, or to assist in ?irou; 0f seeing the prisoner hanged, concealing a crime of so black a cast as I Gentlemen of the Jury, suspicious cirthaf with which the prisoner at the bar ! cumtanccs and willing witnesses will stands accused. It has been intimated ; ;an anv m:in jf you pronounce this inthat there have been Sectarian prejudi-; Jivijuaf truillv, and he shall suffer the

ces at work to mtiuence the issue oli

Great preparations are making for bringing out the daughter of the late Lord Byron, who is to be presented at the; next Drawinc room. Report in the

fashionable circles speaks very high of

th! accomplishments of this young lady, who resembles her talented father in mr,ny of the finer qualities of his mind. IIt:r education has been attended to with th? greatest solicitude by Lord Byron; and most of the masters under whom sh-c has studied speaks highly of her as

siduity, and of the readiness with which J sh e profited by their lessons. "Bless my soul!" said the witty lady B. to her cousin, after leaving the pavilion the other evening, "how extremely bald our Gracioui Monarch is!" "Nav," replied coz. "not so very bald." "Why," rejoined her ladyship, "You must admit that when you look to his cronn there is no hair apparent.''' Ijmdon Court Journnl.

ignominious punishment which such a

this trial. I will not believe it; and vou j venjct must impose, the time may come are bound to give equal credit to the j wncn Eome future generation will be as te-timony of every honest man, fo what-j mucn ashamed of such an act on your ever sect he may belong, or whatever i ,..,rf. n, tho noonln of Snlem are now a-

j donee brought for that purpose, and on j his religious principles or tenets may; Ln?hcd and gorrv for that deep inlaluj its enure inefficiency to answer if. As j be. On our partswc make no charge j at;on bv wlosc blinding influence their

fore-fathers were spell-bound, when they condemned to death the mierable beings

; w hom they imagined to be witches.

ihe delusion, though not prevailing to

we propose to give the concluding ar

guments on both sides, we proceed to the Counsel's summary of testimony for the Defence.

I shall now state briefly the facts 1

which we purpose to prove in relation to the unfortunate girl whose death has

give birth to this trial. Her guilt and her sorrows are now at an end, and whatever she may have been in life, she

must now be an objeet of pity to all of

us, hhe was once a member of the

ot Sectarian persecution; we say only that the public mind has been misdirected, that such infatuation has been produced by the publication of truth and

f:ihflir.-.il . t n t nn normi li:i; Iippn firilniji i

' t .. I iijc saine ucuroe

to reason delioeratcly, or te arrive at the j cisel v similar. It

uuiicai uuui ii iiii. uuu.iciiuiit Wc will satisfy you that for twelve years the prisoner lias been a zealous and faithful Minister of the Gospel that he has moved from place to

place as is customary with trie Ministry

Church of Ephraim K. Avery, at Low-;cf this Church that whether he has

ell; whence, after having been tried bent his footstep he has born with him

Black Hawk. It appears from the

Globe, that in consequence of the representations of Gen. Clark, the superin-

tendant of Indian affair, at Sf. Louis, that Black Hawk and his fellow prisoner! are about to he released. They are to be conducted through the principal cities, in order to exhibit to them the extent of our power, and then return lo their native forest.

Among the distinguished mcn, who hate recently deceased, it is proper to name Lord Gambier, in England, and

Oliver Wolcott, in the United Mates. Cm. Gaz.

A new paper is to be published in

Philadelnhia. by Joseph R. Cannon. It

r i f ... ,.,

ill be called the American Statesman,

and convicted, on accusation, of lying

and fornication, she was expelled. We shall prove that under the hope cf forgiveness, she made confession of her

conduct in relation to both these charges to Mr. Avery and others and that her character being so well known, and her confession having been therefore refused, she avowed her intention of revenging herself on Mr. Avery. We will prove that at the very time of this expulsion from the Church, and when Mr. Avery was only doing his duty in bring

ing her to trial, she was afllicted to a

great degree with the venereaJ disease.

and that whilst in full communion as

member of the Church, and in constant

attendance at prayer meetings, phc was

in the habit of passing at once from the house of prayer to the Doclur's shop, to

receive medicial advice and appliances for this most loathsoms disorder. We will show that on various occasions she threatened to commit suicide, and that flic did actually attempt it and that from her strange conduct and conversation, the appearance of her eyes, nnd from other circumstances, she was generally considered to be deranged. We will lay before you the history of this

: l V I I I : i . r r

iii b icwuiios anu iiiisconauci lor iour-

a character most unimpeachable and unsullied, and that he lias no tendency to vices of this description. If I suc

ceed in showing his

is oi a can racier rre-

is the mistaken zeal

! of a whole community which has resol

ved that a murder has been committed.

and every member of which is now putting a shoulder to the wheel in order to fix it on this individual. In many of these transactions the finger of Doctor Hooper is clearly discernible. I do not believe that he has testified falsely, but under a false judgment. It isthisjudgment on which you are to rely. Is it

safe that a man's life is to be taken from

character to be i.jm on gn-h a iudsrmcnt, or under such

such r s I represent, surely in a case r.s , rirc.urmtancesr He, however, is a young awfulas the present, it ought to be some; a;)(j inexperienced nun. Dad he been

protection to him. Y o i will not so ; njjer or more experienced, he- would til- .1.1 i' '

readily neneve mat sucn a man can ue

uilty of wickedness so complicated and

concealment is to be brought in as an evidence of his guilt. 1 admit that flight in many cases furnishes a presumption of his guilt; but the justice of that presumption must depend on circumstances. There are many instances presented to us in the books, of the flight of innocent persons; but we need not resort to such a cource of reasoning, for wa have facta to support us. On the Saturday after this supposed murder, Mr. Avery was informed that a suspicion of its perpetration rested upon him. He remained in Bristol in the dischare of his clerical duties on the Sabbath, and cn Sunday evening John Durfee went over to Bristol, and he

was arrested. If he had intended to evade pursuit, if he had apprehended that there wasdangej of his conviction, if he had been sensible cf his guilt, then was his time to fly. But he resorted to no such measures, he stood his ground, and after undergoing a long and patient examination, was discharged by two as correct and intelligent men as ever discharged the magisterial duties in the state of Rrode Island. Thsy need no eulogv from me. He was discharged on Monday, remained in Bristol the whole of that day and of Tuesday, and on Wendesdr.y he went to Boston. I will prove to you that threats were uttered against him; that personal violence was ' hourly anticipated; that he slept out of his house in consequence of the advise of his friends; and that he departed from Bristol countrary to his own inclination, and in defence only to the advice of those friends, who were alarmed for his safety, tiil the Court should meet in March, when he might return and take his trial. We will prove that he was preparing for that, and that his return for that purpose was fully contemplated and fixed upon. If I satisfy you of these facts, if I prove to you that he fled on ihe solicitation of friends, not from a sen-

se cf his own guilt, not from the sting of his own conscience, but from a persecuting spirit, from the ragingi of the fever, and the violence of an excited mob, you will then be able to form a just conception of trie measure of that importance which ought to attach itself to the course

1 he has adopted.

I bclic-ve, (lentleruan, I have now pass throe.lt the main points of our testimony; not, ituieeil minutely, though suiTicicnt y fo lor the puposcs of an opening. I will now read sonic authorities connected with the subject of I'm medical

dreaulul. lie stands before vou c.tar

ged with seduction, with using his holy; office merely as a covering for actions lha most corrupt, and lastly with the crime of murder. But, gentlemen, if I prove him to be such a man and her to be such a woman as I have represented, the very existence of this vast contrast in their character?, added to the fart that he was aware of it, would

bosufficent lo make any reasonable man doubt the possibility of his having hold any connection with such a wretch. One letter has been introduced said

to have been delivered to the Engineer at Providence, between the hours of 8

and nine in the morning. Wc will pro tti.i Ihn elnrrn rlrlrrr wllrt f.lrrind Wr

. . t i it r i A rrct'liorn'3 house lie law n man with a gun

.vvery to rioviuence uu u monuay oi ,, a boy and that, after ?oinpsome distance

the lour (lays meeting, arm wno set him from the Iiland be came out into the main

teen years. We will satisfy von. that

and is to advocate xur. xu i.u.u cidirns such was her character; and that Mr. to the Presidency. Avery knew it lo be such. Which you

examination. (The counsel here read a num-

li.ii nt rmecinme frnm . vnn'J Al .c 1 1 1 :l I .Inriaiini.

not have ventured to present himself) (lonc,N aml e(.k,s (lo. 'to how the ilTl(n,ity ,- htTC and depose to facts SO rashly as he ! deciding bctwren Suicide and Homicide in has done. To the opinions which these j case of suspension, and the extreme caution two medical gentlemen have promulga-! bat should be used by physicians in forming , i iii, . i - l ,i, I ' their Judgments in all cases of this description, ted, and the ludgment which the3r liave i ,. - ... . , ,,. ... . ,' ,,, ' r . J . , J., , '1 he I'ontieman illustrated bis rositions by the so confidently given, arc to be attneutcd ; very cntica ailll ;mp0rtant case of John stringall the trouble and excitement which ,.r, as reported in Philips Kv. p. UU.)

The attorney General aleo read some passages from Beck's Medical Jurisprudence on the appearance of wounds, rapidity of death iVc.

have since arisen. 1 trust that the gentlemen hear me when I speak.and when I express a hope that this trial may furnish to them a serious and lasting lesson,

which shall exercise a beneficial inllu

The Commercial Bank at Portsmouth, has retiiiiwd snecie navments. We learn that the

i i

...... i i : l li l

on their conduct for the remainder ltal "-ck re.. a.. r. . . ,

OI Directors Ciecieu, mm uununi u".iauuii

encc

of their lives. I shall now touch lightly on the evidence which we expect to produce as (o the actual movements of Mr . Avery at the time of this transaction. We acree that be crossed the Ferry, and say that be went to the coal mines that he passed them that near

commenced upon a sure and permanent fol-

in;. Western Hemisphere.

down at Mr. Jilson's. Ycvil show

that he remained there till sunrise, and then went to the sunrise mectino- that

he was present during that evening, and

ro.nl, near the Union meeting houp. Unfor

tunately for the prisioner, every effort to traee

During the severe weatherin the first

dojr, overcome with years

week in February, 1831, or

ared house

and infirmity, took up his quarters in 'an

old outhouse. A young dog was observed to carry off part uf his food ; and, on

being watched, it was found l.iat he had carried it nearly one hundred yards to

o.,i tno man hi..i the boy nitre been unavi.imr. u w d am, cnrcuUy r.J,(CrJ it u I lr thfif b a if innir tha w i r a r ma not horn r ! C 7 J I

prove his innocence, it is for the Government ! ucr his nosc 80 that hc m'ht not CYcn

remained till it brokt up after 8 o'clock : to prove Ins guilt. We hall show you that 'have to move to it.