Weekly Messenger, Volume 1, Number 93, Vevay, Switzerland County, 22 June 1833 — Page 1

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&0 . , , , . . , , , ?it : - - - Ma-TiiMaT.tl. jllWI I , im. Ill I lt Jtm xi!'l 13 V?:?s Foreign V 09n?fic, Literature, Ijricntlitrc, ,llitnnfaclurers9 and all other subjects of intercut except i'o!il,.$. VOI- II. 7 -. -x.i..i5 vmufa jl m ii.C?0 NO

Bl 1 .BIS

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r Terms Of the 44 Messenger." For f- nu-abers. in ndtanco V 00 do. raid within the year. 2 50

PHLYTEll .i.Vf) PUtiLlSHED, KEEN AND CHILD

k paid u the expiration, 3 00 C?"Thf above sums may be paid inprn-jat usee delivered at this office, or such other

place h may bo agreed on. Fifteen per cent, deduction made, when paid in cash. CJN p ap-ir discontinued until arrearages are paid. ICp'j'iscrilu-rs served by post to pay 5 ce. s extra. tjS inscriptions paid within 2 months after subscribing, considered in advance. dvertieme?i?s inserted at the usual rates. PRODUCE. For the accommodation of our subscribers,, produce may be left with Cotton or .Mi, merchants, Mountsterlhg. Gardner's mil!. Pleasant tnvnship Joseph Short, merchant, Craig township, Jl. T. G d hrd's store, York township, Charles F. Ivxutz, York township, Aribert G izlay, near Troy, Snviel Hicks, near Q iercus Grove, Willi rn M'Ca'l-Migh. Cottm township, AHV'v'- ;;v!l. I'e is .t t'uvnhi;. :emr"ei for th X. Y (?.on-ier tfc. Kaqr Trial of tho Ker. Epliriam the IScv. K. Avery. suptieme judicial court Of the St (Je of ixii.ide Island and Providence Plantation bef ire the h n. chief justice Samuel Eddy, and pd res Job Uukfke and Chahlks Bravton. (Cmtinued.) Penelope. Burden, (in aged lady.) I assisted in I lying out the body of Sa rah M. Cornell, the dav she was found dead, and saw the whole of her per fon; there were verv bad braisetdown her baric, and s we turned her over, we saw the prints of some one's fingers just above the hips. The attorney general here went to the witness and she placed her hands on his person in the same form as the marks appeared on the body. The marks just fayed (fitted) to my fingers as I spread them on you iow; the marks of the thumb on the lower prt of the bellv, and of the fingers opposite on the loins, jut behind, wre on both side, but tiioe on the light side werv thp plainest

They were very bad marks, and were 'both above and below,'' (placing her hands upon her thighs.) Her right , arm was raised up thus, (o the breast) and the hand twined round so, (the palmtumeti outward from the person) and was very slitT Mv sister, who is ? older than me, put her fingers on the rn irks upon the belly, and they would nearly 'fay." Jler secret appeared much bruised, and there was a little

blood upon her garment. One of her :

y green, the other not ... Av".r.V "ft'r 1 h;,d P'd I the stain of the grassl'" T ' . K '!'

j knees was very

. mucn so, ana ine stain ot tne gra

would scarcely wash out; the marks on her back so took mv attention, that .1 did not examine the loweror.es. The cord round the neck had been removed

, before we came, but the mark was ve-

ry deep. Cress examined. The knees were

v so bent, that we used warm water to get Ihrm down; 1 first formed an opin

ion that she had been violated, but I a-n not forced to tell what mv thoughts

ure. .(.Mr Randolph here made some particular inquiries, and the venerable ! old lady exclaimed, I never heard no such questions asked by no person,'' end would not reply. 11. Ruth Burden I assisted the last

T7iue-s in laying out the body, and the marks were such as she described them

I those of the thumbs on the lower part of the belly have been made ou both sides when the grasp pressed thus

i describing the supposed position of

the hands which made the marks, by c placing her own Bpon the person wh was requested to stand near her for the purpo-e with the two thumbs pointing to each other upon the belly above the j groin. There were marks lower down, ! VefJ. dirk jjer (lmJe(, grir tnenls were stained with a little blood

and there was also a quantity, another - kind of substance (foeces) adhering to

them ; the legs were scratched, and the ; knees stained green. Witness not cross . examined.

, 12- Drcas Ford. The feelings of

this respectable lady nearly overpow ered her.) I assisted in preparing the body for interment; there were marks apparently made thus (describing them on the person of her husband and oth- , ers which have been described ; there were two below the shoulder blades, of! yellowish brown color, and others on the loins which indicated greater vio- ' lence. Mrs. lifted up her hands and said "Oh! what has been donet" nnd I replied, rash violence!' There

was fsoth tinged with blood, which had something to drink; some person were proceeded from the mouth and me. there reading G Venor H tines' speech, Cross-examinen. I did not say at thennd when 1 rose to come aw:v,ome of

Bristol elimination, that the body bore: m nki of a violent inierconre; 1 said she had been dreadfully bruised.'' did not say there had been an attempt abortion, but yon can judge of that 'yourselves. The witness was questioned a long time on these two point. but she would return no other answer than thai she said '-the deceased had been dreadfully abused," and her life bruised from her. 1 3. Susannah Burden deposed to ha vir.g seen most of the marks before described, and to those of feces on the tinder clothing I have seen (his paper (produced) before; it was takn from M tl ia Caine bandbox by John D.nfee wife, n d I cariied it down to the rev. Mr. Fowl-r's, our pastor; I knew it by the mirk on it; and lh U'ter (produced) wa taken fiorn her trunk a! the same time, to h id out where to direct to her friends. Cross examined. The pipr wafound on S itnrdty afternoon, ahoiit 4 o'clock; it was found about half wa down the band box, .tinoog herd "tin s. nri i sav a pencil ooide it. 14 Thnmut It irt . iitnl iticit ;ceofn t :uinb Droill e . wUu h h . at some time repaired with a flip . i bra-, as those which he had f.u Td in the lot. 23 rods fr-.m the stake. 15. .ibner Davis. On the 20th December, I was with Benjamin Manches, (No. 8.) blasting rocks about half i mile from the vilhgo of Fall River; we had blown a lock in which a seam had been left, which we concluded to blast aain that evening; we charged it with about a pound of powder, and having applied the fire, we Marled to run down westward: whilst 1 was run ning, I saw a man silting upon a wall, itmut 90 rods from us, with his face towards the northeast and when he saw us he jumped off and walked towards the north. Seeing he was going directly toward the reck which we had charged, my partner notified to me to tell him of the danger; I did so, liid the rock having just ttieti exploded, lie shaped his course r ither io the least. 1 hi- was a lew minute before sun-sM, and the liht wis pretty good; lie had on a sourtout, rather tig' t. of a broweish daik cokr, and a broad ftiimm-d hat rather tapering at the crow.i; took particular notice of him, I but htd not a full view of his face; I t was about ten rods from him when I! nailed to him. I ?ar a man exactly like lum at the e unsuation on the evening of the 20;h Decembi r. near the place where the gul was found h u.g - nig I wa not told this man wa- K. his whole appearance, height, hat and clothing were alike. The string round

,u , . ii. .. .. i . . the g.,U neck was like that around thejo,.:, who assisted in prepaid the

u.. we ..hi, M-a to sn on wnen lr.l

mil; uoie i i me in'K, ana a lew uavsj"" eM ripiion oi us marKs to that ol after she was found, we discovered I 'he irec. eding female witoee.se

iii.n wn7 oi iiiu-e oa-s uho nefMi UMaced and the string takvn awav. From what I saw of the man in the lot that tvening, I believe the ptioner to be ik... .. .. r k i i i . i ihe same person. Air. M ison o ijected to the admission of this opinion as evi fence, on the ground that it wa not formed on a recognition of the countenance, but merely on that of the stature and clothing of the p son identified Cross examined. I did not observe whether the man I saw had spectacles on, nor whether he had a cane or bundle, but if he had, I suppose f should have noticed them. I saw him in the lot about 30 rods from the stack. I did not state it in the court at Bristol that he was Mr. Avery, because I was not asked, but, but I was of the same opinion then as now. I knew I had sworn to state the whole truth, but if it had been you (to Mr. RandolnM or jonn uurtee, I should not have said so unless I had been asked. The bags were put into a cart, which w is about 100 yards from the stark, and judging from the course he was taking when ! saw him, he would pass within six oi seven rods of the cart; but the bags were not in it then; we picked them up and put them there afterwards, with our tool. 16. Richard Durfee was called by by his son John D irfee when he first discovered the body, and corroborated his testimony with regard to its position, appearance," &c. 17.. ffilliam Hamilton. On the 20ib December, 1 left the place where I was at work near Taunton, at half past seven in th? evening of that day, and on my way home to Fall River, called at Benjamin Hamblev', etorc to get

them were looking at their wauhes,

:and said It was I? minute (o 9 oVIoi k ; I as I went on mv way home. crossing the hollow near John Dai fee's houe, I heard screeches, and then stifl -d groans, as if from a femalp voice; I thought it was a woman, and some one beating her. The sounds eeemed to proceed from the back part of the oi chard, of in a direction through if; and I started to get to the rising of ihe ii.U to hear what it might be, but I heard nothing more. Cross examined. The groans 1 heard were in the direction of the stark oi near there. I heard them occasionally three or four minutes. 13. Benjamin Hamhhy, I recollect fl imilton's calling at my store on the 20 h December, in the evening; I h1o ei oib ct looking at my watch at 20 minules before 9 o'clock, just as he left; bu1 I do not remember whether ther persons took out their watches. I Relieve m watch was correct, for it wa- a good new one which had been oaula'-d three weeks by a watchmaker of K ill Rsvf r. Cross examined. There was (hen aboin 15 mi. ut difference between m ime and that of Fill River, as re gnlated by the factory bells, f, r Mi . Gooding, the watch mke'r, keeps bis regulator ten mii.utes in adva ce of tbe factory time, and when I called nn him two or three d;ys after the murder, and about -h,e weeks aftr !v bad corrected rm watch, I found it bad gained five. mi'Uies, 19. Eleanor Oarn. Lives at Tvrton, near Fail River; nn the evening oi tbe 20'h December, when at hmr.r. ... i i i in no llt;ur, i ncaro creeenf- in a woman's voice: the factory b- II wa ringing at the same time, and we h;.! two cords of wood splihng up, so I t .1 I the boy to open the door to hearinoie distinctly, but I did not hear tinscreams again; it w h-tlf past seven o'clock by the bell when I first heard them. Cross examined. Mv hou-e a arter of ; mile from Joiv. Divfe yard; the wind was very high and mowing in that ilirection. I mention ed that I had h-ard the creami g (lie very text d v. when the body 'had been fon d. This witness, a niiive of Wales, spoke imperfect English, and was not dUiinrtly beard at the report er's desk; but in the cotie of a og cros-examinalion. induced by the dis crepency between her statement ( j""e at which she heard the. screams land that of the witness Hamilton, iw.ining turther wa elicited. SIXTH DAT Saturday, M,;y I I . 20. Ruth CWt. -Was one of i!;p I baltmJttti, ALv 11. 0. Ruth Cook. Was one nl i!'p -"y ier inteimem, nna gave simi21. Htlliam Perce. jr. am the Ferryman at Bri-iol Ferry; I ferried i : f i ..,-ra.m ,v Averv acn -s to forts - .I-..I-H .in ;i.- Ziflll IJC Vm inr. :ih,..il ;2 ' I-h k, p, m. He had on a surloul - 1 '""" or box coat, of a biownhh color, and I in:nk a black hat; he had not spectacles on, and I d .n't rememher that he had any cane or bundle I knew, him well. 1 he weather in the forepart of me oay had been rough and blustering, but it became milder about noon, and we cros-ed ia the sail-boat; i had not crossed in the horse boat .that day, it had been so wmkIv, and that boat had not been got ready at this time. I do not remember whether the wind was rough in the evening, but it was very cold. I do not remember -hat course he took when he landed. I think he crossed with me at the time of the four days' meeting, and then wore a cloak; and once between that meeting and the 20th December. On these other days I think he had spectacles on, but I am not certain; I think I saw him in a boat on his return the next morning, but I did not distinguish who he was. Goss tsamined. Whilst crossing, he "ni.it! ,uC ,oat mine was. and I pointed it out, but did not direct him the best way to get there: I think he said Oliver Browning had been after a boat to carry pome coal for hi I think I nevex saw the prisoner cross me terry without his cloak, except on the 20th December. I would not nav All ...ik ll it on mj uaui uiai He ever before crossed with me without his spectacles. It did not blow so fresh on the afternoon of. the 20ih December, but that the horse migh have crossed had it been ready; when landed ! saw him. mount the

IhVfcHlgl-fCT.y-y

wharf, but did not notice him after w ard. D.recl examination resumed. Tne time at .vlncli tlir in isuiier cio--ed nav possibly vary from t he time stated, but ifo, it was rather later tUau e.uiier. On time at the ferry varies n little from th" Biif' I town time, but whether it is taster or lower, I cannot sav . I ran ied Mr. Averv over alter the stage fro-n Brijlol I Pinvidencr, which crosses between eleven and one. had passed: he was the only paenger in i;e boat at the time, nnd he i;id dou !e ferriage for pwtri g the boat off 22. Jeremiah Gifford I keep the ferry at Bristol: I did not know Mr. Avery bv name when he i rossed on the 20 'h December, but he crossed somewhere between two and a hall past two tbil afternoon, for I saw hi.n land ou the wharf .if Portsmouth at that time. He knocked at my door on his return al a quarter before ten the ame night, when I was in bed and asleep. The noise woke me and I got up; I first went to the front door and could not see any one; but when 1

opened ine Hack door, I saw 3ir. Avery a doctor, ui a miuisUr, tame up anci standing in the sii.k room: be remark-jbaid -It in a tolu, luusieung daj." i ed it was cold and blowing very fresh,! invited him into tne huuse, but ue de-

ma he wanted to cross that night. I replied it was very bite, and he said,

'scarcely so late as you imagine:" but;iaid me. walked on: he wos annul kiv

I said "we'll look at the clock," which feel h.gn, had on dark clothes; und u we Jid, and foii:.d it wanted fifteen! black hat, with rather a broader urirn 'ninntes of ten o'clock. He requested ; than this showing his own.j I did 'tie to put him Hero? that night, saving nt observe tnat he had an; oundle or (hat biolher Warren had informed him tune, nor that he had any bpttlaclesf he could cross at any hour; but I said on. I shut the gale about sundown, thai the weather was so "tedious" that There is a way by which p..sengers I did not think I should go abroad, and can get round the gale at nignl, alter ;ked where he had been at so l ite an it is closed, if they do but- know if, hour. He replied that he I ud been which I call douolin Cape Hoi i. ; they up I be inland on business, and had lv have to gel down tue mliuii liie ocacht known he could not have crossed that just where the tide fljvvs, ana Mrp up fight he should have gone to brother the other side ; and 1 soineinneb loon Cook's, or to hroiher Ira Cioks, andjtosee if any people have lell tracts of lept; and the reason he assigned for' passing that way. On Hie lolloping wi-hiitg to cross, was that his family i morning I obei ted the tracks oi a, man was unweP, and would expect him who had pa.-std in a direction Irorn !rme. I said there were physicians Fail River to the Poilsmouih side. in Bristol if hi familv needed them. The place being sell with lle tide, Ihe and wished him t go to bed: he said w.aiks tre quite Iresh and disUnct. he would if I would give him a draught 1 think I could itcognize the inanwhu

oi waier, ami Having done so he went to bed. I did not notice any thh.g re Miliar about him, nor did he complain of being ..me or tired. In the morning I toid my son to t ike him over, and spoke to htm before he went. I recol - ! ... f l!..,l I...I a.. . I. : I v . .ii . .i nn.i un n ui uv iiimi so riioi 1 coat, rather longer lli.tn a common box coat, and a large sized black hat with a wide brim. To the best of my recollection he had no spectacles on either that morning or the night before. My daughter Jane Was un, nnd probably him before he went away. The witness proceeded to describe tl....n i.,i .....,..: i'. ... C.i :..ki...i t 1 rikl,: hit uciiiooijrniiou, wiucn a si.angcr or a peron well acquainted n.ight select to arrive at Fall R, tiver o ver How land Ferry hridge.l Cross examined. My conversation with Avery, could hot havfi occupied jmore than three minutes, inc lading my 1 fv(rhing him the water, for I was in mv I I Slliri only, and it was very cold; I look ed at the clock immediately. He did not say he had been long at the door, or that he had any dirBtulty in waking me. I may have said at Bristol that he arrived at half past nine. The coat he had on was like ihe one he wears now. 23. IV illieim Anthony I reside at Portsmouth, and remember that on the afternoon of the 30th December, ! saw a person passing between my house and the pond below j towards the south, I did not observe his dress very particularly, but I recollect he had on a dark surtout coat, at least I think it was a surtout and was a man above the common height. When I saw him first he was over the.'jwull, pretty well down to the pond, about 50 rods from me, when he came to the open space at the bars I sawhim distinctly. I do not know the exact time, but I know it was after dinner, for I had foddered the cattle and was then rutting wood. When I first saw him I thought it was one.of my neighbors gunning, butgwhen ha came to the bars I saw it was not. Crosi-examined, Severely as to his recollection of the day. I was at Judge Clark's on the 18th, and took a receipt of him for some wool. On the 19th, I was at Oliver Green On busi ucss. On the 20lh, my child being laken very ill, 1 went to Dr. Luther's, recollect meeting him ou my return, and (hat I stayed at home during the remainder of the day. The person for whom I firstjinislook the piisoner, or whoevcr.it may have been, was Mr. Boy i), but he was at F!l llivcr tri:iik-

et atllMl tunc, and I kotv the strange! was not In in, as soon as he tame la

Ine bar. 24. Uillmm Carr, oh his way home Irian I n ll.vei in.HUet to f .i i-(iivu iiif ou lin- iiOih DeLeiitDei, H iiieiiiOeit.U io hav.- ititin pei. -to re.-euioiihg tni. pns .lit-1 in drees and M.nuie, auuui twenty lod Iroui cll nity inide, hetwt cn W itneasi ii's iioUaC dliU;l i , . Udu t ilal a:t iiu l' ivj. 2j. Charles Carr, brothci of the last w 11 in--, a. Miiu mm ai the uiue,.ind itcoliccts tne iitinvt; tiicutiin.uo c "The man was tail, had on a siiilout ot a diii a color, an J iiondkerthK i lied like a ciavrtl otr tne ciilu; I eaid i my bMiiner do u laliier prouu nui to look round to us. I uitl not k.iovv Mi. Avery at tliat tunc; out next uy , when 1 iieaid ol lite iiniiaei, i 1 1 uonecled having met the person 1 n.tvc Ottuied." 2o William Cranston. 1 keep ilovvlanci leiry ion g.iie, commonly called the blone-biioge. and J recoiled mat aOoui 3 o'ciovii t. Al on tiic SOii) lecembei, a man, looking like a iuwycr. rliued, and said he was bound to fr ail hivcr. He had the money, in his nrt,ij ; crossed the bridge 1 saw him in the ! court house at fcfrislol, and nmt person 1 believe was the piisoner, whom 1 now ee; I never knew him before, nor did jany one point him .oui to me, hut I iknew him pretty quickly alter I tint .1 .i 1 J O 1 mio me court uouse. Cross examined. I may have lest lied at Bristol that I thought he had a spencer on. for this reason: when lie left the bridge, 'he look up the tails of his suitout upon his arm, so that it looked like a spencer; but when he. had laken out his handktu hie! he let the tail drop, and I saw it was a surtout coat; it was not a double breasted coat, out one which buliontd up ugni io me nccK. I dtd nut point him out at Bristol, because I did not know Tt was my duty to do u, unless I had been asked. I never said he had passed over the bridge that day, riding on the front of the stage. By a juror I do not remember whether lie had nr; extra handkerchief round his neck. 23. Ribvrl P. Lee was called to prove a negative lo an anticipated poiul of the defence, I left Fali River on the 20lh Dec. about 12 o'clock, and got to Stone bridge aboul half past uue; left Lawtoii's tavern at half past two; crossed the bridge on foot, and went te Oliver D. Green's, staid there three quarters of an hour, and went to .Newport, taking the ordinary east road. I met no person whatever, except Abiaham Baker, between the bridge and Greeh's; but, afterwards, I met a ehuit man, named Peleg Aury, who had on a pea jacket, about three quartets of an hour before the sun wtrni down, and no other person. 1 arrived at Have. port at a quarter past tix. Cross examined: I was about one hour and a half walking six miles and id rods. 29. Isaac Burdick, deposed that be had walked from Fall River to the) stone bridge in one hour and ten mi nules, five years ago, on an occasi,,,! that caused him to be in a great hui. ry to get home. 30. George Lan-ton.-l keep the Bridge Uvem at Tiverton; iti,?i(u,; led on ihe east eide of the stone Mdrr theSOlh December last, Cnsinp ,he hriage on foot in a very C.t walk -I This was at abolt three o'clock Hr was dressed in dark clothe,.., fur;oll, coat, and a broad brim'd hat. I o(i. ced lum particularly, because he seemhghjly Mad for the weather, flj , thought he wa, walking faS, lo fc n.mselfwaim. i was called to attend the cxauun itiou ol Brislo, Hnd arf.vc