Weekly Messenger, Volume 1, Number 97, Vevay, Switzerland County, 20 July 1833 — Page 2

IV.m whore Freeborn had gone. If helder only know?. There is, however, did tell him where, it was to Iill lliv-janother being acquainted with hi-

lie then thought if Freeborn wasjgoilt, and to his justice we -leave the

illam, whoever and wherever he ma

e. May he wander like Cain, it not with a brand on his forehead, at least viih a tire in his hear) ; may he writhe n the agonies of sleepless remorse, dve in perpetual fear, and die without nope. Yet the man who labors, and will siways labor, under strong suspicions f this double, aye treble gnilt, until he confession or conviction of some ther shall relieve him, is received by the ''conference of the Methodist Episcopal church of New England," in tri umph, as one escaped from persecution, as snatched from the tire. He is followed bv crowd?, and installed a

(11c had told witness before, that he hadjmong the rulers sitting in high place? broken or dislocated his let; about thejgoverning the chinch and administer time he left Lowell.) Weil, when hejing the holy offices of religion! We ame out into the road it was dark,! pronounce such proceeding highly iosomething in. the evening. He was inj decorous and calculated to bring any doubt whether to go to Wilcox's, or tojehurch, any denomination of christians go to brother Cock's, or to return home into disrepute. It was exhibiting an over tbe ferrv; that there would be, indecent triumph on an occasion tint feme difficulty in finding Wilcox's and; called for lowly humility rather than he had rather be at home: commenced hnis-erous exultation. If they believretarnhife there was no moon, I think led him innocent they should have giv-

ho said, the farther he travelled, the! tna-ks in quiet gratitude, instead xnore it hurt him.it gave him pain if heK flinging their outrageous shoots of

c:ii not step just so, as it was very roughiinu npn m me nees oi a wunu, one

,i t at home, he 'would not go there, but

that he would go down the west Mile oi the I?laed and bring out by tisler Wilcca, tor siio had invited him to visit .i r. Win. C Cook had shown him where it was, when he carried him to Viewport, bat it was a foggy wet day then, and he could not tell w here it was. He kept down the west of the Island till he thought he was near her house, when he thought he would bring out to the road, when he brought out to the road, it was farther than he thought: and night having come upon him, and his leg failing, beginning to be some lame, for says he, you remember that I

told you that I had broken my leg

travelling, as there were lights at all

the houses, he thought he was early er.ongh to cross the Ferry, if be kept on; and as his family were not very well, his wish was to keep on and cro-s the Feriv as he had heard they would cross the ferry at almost any time. When abreast the windmill, he heard the Bristol bell ring for nine. He came down to the ferry house, rapped at the door, made nobody hear, saw a li;tle house back cf the ferry house called there, because he thought the Ferryman might live there; they told him the ferryman

lived at the large house; rapped -again,

!r. Giilbid let him in; requested Gil-

tord to carry him across- the ferry :Gif-

ford told him he could not that night, idea too generally prevails, that it is

he might stay all that night and hcjt 'be guilt, but the punishment that rould cross in the morning, so he wentjconstitutes the infamy of a crime. But in and went to bed; observed by their jwe must be permitted to observe that -clock that it lacked 15 minutes of I0;be escape of one guilty teacher of a nVl.ir!.-. H ionlr him some minute in ! huich bv the indirect interference or

ItM' g from tae great house and back n-idirt-ct influence of the whole body, is frtin? itiK-ss t:ien observed to Ave-j ,m,cn m,re likely to disgrace that rv, I have considered that clock too!rh,"cl, ?nn :i do-zen convictions. B last, I had visited that family freq-ient-j living the law u t ike its course, they lv. Averv then stated in the morning lescape the charge of a communion in

.Vir Giffe-rd's son set him across the fer-

half of which at least differs with them materially in the estimation of their brother, rendered illustrious as lie is,

by imputations that supported as they were, would have driven from society nv other than a f;ialical teacher in a community of fanatics. Such conduct n such a case, cannot but injure any religion, nay all religions, by giving tro ig support to an opinion cherished '? m;iiiy reflecting and judicious persons, that however decisive may be the presumption nf the god of a clergyman of certain denominations, there will always be found juries to acquit, and legions of fanatical followers, to hail him as a persecuted marivr. An

'.....If. I a- nfilw f. !iitii.l.FA.a f I. A t Ka

ry, nr.d lie came home Amen

" EliOTUEtt. AVERY."

experiment not pneceeding her life was taken; for her situation when found is sufficient evidence that she lid not die by her own hands. Suspi cion has fallen upon but one mm as the cause of her unfortunate situation while living, and her death. Much of the evidence introduced for the prisoner is of sech a nature as almost to exclude it from the columns ol a newspaper, and it would not have found its way into the Courier, h id we not have found ourselves in the midst of the publication of the trial before we red tKis part of it; and we could not well omit it without being vulnerable to the charge of giving a one sided view of the trial. The witnesses for the defence are mostly clergymen, and those girls who pretended to know and tell much of the failing of the deceased, and their stories will lead many to believe that their charac lers. are no better than they should be. They seem to hve been hunted up

for the purpose of proving a bad repu-( tation to be very bad. We do not think that those clergymen who sought out these witnesses & procurred their attendance at the trial, bave done the

cause of justice or morals a very essen tial service. Nor do we think they have done themselves or the cause o! religion much credit, in quitting their flocks for weeks, to aid the civil authorities in managing this prosecution. We do hope, for the credit of that very numerous denomination to which Mr. Avery belongs, th;t the clergymen, who have taken sweh an interest

in this business, will not throw community into a grftat excitement about this

mm. They had better give him up

than hive him hanging like a millstone about their necks. The press would be silent if they

would be still; but the reputation ol the country is dearer to us than the

reputation of any one religious denom-

ina.ion whatever, and li there is to be

an Avery and Anti-Avery party, we shall, with our present convictions, be

of the latter. If the minisiers of the Methodist de

nomina'ion persevere in their attempt?

to sustain th:s man, a teacher of right

eousness under existing circumstances,

thev vvili be the means of m iking more

infidel; in the new world than haveal

ihe wirings cf Hume, Volncy, Piine,

and their c ladjutors, since the 6ellle ment of the country. The very re spectabie denomination who are re

quired, by a few misguided zealots, to

ostain ivm because he is of their faith

The state of Indiana. Switzerland co. fx Irnake n ncise to wake the hm I iX.i

D:xld SchooHOYC?,) Affidavit & 'him I would, ai d he then put his hand

over my momn 10 prevent my rr -king a liohe; I polled his hand iff my mouth and hallooed; I then .inted,.

nds

SoIoisioei Washf

r. i

notice to

perpefu-

ate the

testimony of LOIUMDA HEWITT, to i.

bu read in evidence in an action oo the case which. David Schoonover.bv affidavit made before me, on the 11th day of June, 1833, on his oath said he exiiec'ed to he corn-

arid that is (he last I recollect until he

was raising me up. 1G. Did you receive an injury from

jfhe violence said Washer used ft the

come parties to th crime, and sharers in the disgrace. We pity the crimin

al at the gallows but Ins triumphant I ,re ,,y 0 mfc3,!S to blame for his ua

WhMi n m in ha been tried by hi:rc Me x itts unqualified indignation, conduct, but if they, as a religious par peers ar.d arq.iitt'd, unless there a re: A" Y. Courier Enquirer. iy, undertake to buoy him up upoi particular circumstascea connected) party grounds, they will identify them

i'h his character and station in life! nlAL Of AYkrlY.. h-elves with him and must suffer if he

io !)" rate i.idirectlv on the mi ids of

TRIAL OF AVERY.

We have oeen u.ider ihe necessit) Catmot rise.

. . : 1 1

tm-jury, lie may be said to h ive pas- ol cui.aensn.g, 0 a consiueraoie oe- ThfJ .,ecpe 0f pd Rivf.r are en(i

fed thn.u-h lh fire like bh,.dr..cligree, irns voluminous iriai, in oruer 10 , , . . f

iile!iac and Aednego, and demon close us puijncauon in um p( ei thev have taken to bi irg to light the

Pirated t.is uiimcence to me worn . uay. uuu, i murderer of the for orn smi who lt

. : t - Lr. :j . : n

Whatever t'nereio.e may he our own.Usn as mucn oi uie eviotni. t Vji hef ,jfe fiejf their village, and if Mr

imoressions tmm an attentive perusal oie mai goes w iuvor u:e Av.tv is not that miiltv neroo

cf "the tesiimony on the trial of Broth-j indeed, there be any such evidence in t, beieved him ,0 be, he is certainly er Avery," we have no disposition tojthe trial, for this is an ..ffair that will a unfort0nate man to be nlnce'd

in the unpleasant attitude, in which he

now stands before an intelligent an

caii m

question either the motives orj produce a very great excitement in

i:n.inriiul':iv nf tli. Miry whicli acouit-'tue rountrv: and it is well inai an

(i hiin. "Mar-ier will out,1' and if

indeed the mutderer of the unfortunte girl, walks unscathed on the frtce of the earth, without doubt he will one

dav be disclosed to the detestation of m.mkind. lie cannot finally escajx een (hough tiie whole force of religious fanaticism should be brought in rray to skreen liim from his merited inishmer.t. He may be hailed win. triumph by crowds of deluded followrs, tut one d.iy er other the darkness

which envelopes this, one of the foulest murders that ever stained the face of our cou-itry, will be dissipated and the lisKt of the blessed truth will blast the guiity whoever he rnay be. No one cee, we think, attentively read the testimony on this remarkable tril. without a conviction that Sarah f'ltria Cornell wa? murdered, and that

cucumstauti l r-vid-i:c e a strong as 2ver was hroos't.t to !)e:tr ajinst a

prisoner, w;is nJ.dut ed on the occ--sioi

But Set that o i-s. No doitbt exist that

crime condemning public.

Had a man of any of Ihe laboring

classes among us been situated as M

Avery has been no extraordinary effort

would have been put forth to save him

menced against him, by Solomon Washer, in the Switzerland circuit court, for his having, before that time, published a certain piece in a newspaper styled ihe ' Weekly Messenger,1' published in said county; charging said Washer with having attempted to commit a RAPE on an orphan gill. Proof having been duly made, to my satisfaction, that a copy of the hereto annexed notice, hid been in due time, left at the house of said Washer and said Washer being present as well as the said Schoonover, this 20th day of June, A. D. 1S33 and the said Washer waiving all exceptions to the illegality of the service of sid notice, and the said Lorinda Hewitt, being

by me duly sworn, according to law: she. on her oath made the following deposition

to wit:

Before commencing the examination.

Solomon Washer, by hia attorney, moved

hat Samuel Hewitt, the husband of said

witness, should withdraw, not being a par-

v to the transaction, which motion is over

ruled; and it was thereupon suggested to

nr. Hew itt, by s:id YV asher, that he might

ithdraw, who refused so to do.

DEPOSITION OF T.ORINDA HEWITT

1. Question, by Schoonover s attorney Mrs. Hewitt, if you know of any vio-

ence that Solomon Washer has at

tempted on vour person, vou will

lease state it and the circumstances

attending H.

Answer. The first time was in the

pring of the vear 1824. Solomon

Washer was setting out apple trees

Iter coming in the house, he threw

me on the bed; I entreated him to let

me up, which he at fiist refused to do;

he held me down and told me to he

till; he did nothing more than hold

me down when 1 asked him whether he wanted to kill me or what he wanted of me, he told me to lie still and he

would let me know what he wanted;

he attempted to pull up rnv clothes.

2. Were you living with Mr. Wash

er at the attempted violence on your

person which you have just related?

Yes.

After he suffered you to rise from

the bed, did he suffer you willingly to go from the room? I went out ot the

room I expect he was willing.

3. Did S lid Washer ever at any oth

er time attempt to commit a rape on

vou? If he did, state the time, place,

and concomitant circumstances. At

the same time above staled, when 1

went into the other room, he caught

ne and threw me down on the floor, and attempted the same violence.

4. Did said Washer in his second

attempt use any threats to make ycu comply with his wishes? No.

5. Were these two attempts in the

dav time? Yes.

time? I believe he ir-jurad mi l.c -i.itS I was not hearty af U,.it time. 17. Did said Waif-r ver rsv oilier lime than those yon I. .up ! efore stated, make any similar aitetr.pt on your person? ot to hold ., that I remember of. 18. Did he at any other time use threats or entreaties ',.- dfstrcv our virtue? Not that I lemember." 19. How old were you when these attempts were m-ide? The last wa? when I called myself twelve years old. 20 Did you in any of ihe attempts on your person by -aid Washer, which you have related, hav any ron-idern-he struggle with him? Yes: The last iime was the most violent; before he wanted to fl itter and hire me; ! tried with all the strength I had to get away from him every time. 21 Did he at any time use any threats or entreatics.to prevent you discloint; these attempt? on you? I told him 1 should tell; he said if I did, he should deny it, and the people would believe him before they would me. 22 If you know any thing ehe relating to this affair, you will please state it. He tried once to persuade me

when we were together in the field; he tried to hue me by promising to get new dresses for me, and told me that other girls would let him accomplish his purposes, that I was wurse than othther girls: this was before the lasc time ! stated before. 24 Was the last attempt in the same year with the former ones; if nut, when was it? 1 think it was that it was all within one year. Cross Examination. 25. Question by IVasher Is Samuel Hewitt your husband? Yes. 26 Does David Shooi.over live at your husband's hou-e. and how h rg has he lived there? He lives there and has lived there about two months,

but do not k now the precise lime. 2.7 State if you know who wrote for him or who helped him to write the publication in Ihe Weekly Me-enger, signed Junius Brutu. I do not knov. (In putting the above question vid Schoonover, by his attorney, excepted to putting the sane .) 28 Did you hear David bchoonever

ay he did not expeet to be sued about this publication, "Junius Biutti." (The master in chancery, at the suggestion of Schoonover's attorney, overruled thi question.) 29 Did your hear Samuel Hewitt, your husband, ibis day in this room, say that this examination would r.ever

go into court? (Qies'.ion over-ruled

6. How did you release yourself Ut thc instance of Schoonover's att' v.)

va first the victim of the sfducer.j

should have a lull knowledge of the

merits of the case. A strong attempt

is to be m.de by the reiigious denom ination of hich he has been an accre

dited mi! isle r, to sustain him and force

kirk, unnn i virtilfiiis f. im nr. n , 1 1 V . n m

preacher of the gospel of Jesus Ch. ist, nor woul? those of his own occupatio, when a very great majority of ihe peo- aVR nmde antefforl o compel the pub

ed'ilh the blood of an erring, unlor- b,e wi!es8t;1 between a numerous bo f.ir., .,,,1 ,rt ,i.rtm. t tt dy of the clergymen and the great bo

muring iuii"ii an - - . -

acremem lanle, those very hands had, u" ",0 ' l" uc c

in other days, administered the bread "''V; . -6 ' nic, we r ,:r. i. t. .. ..f i,;a shall witness a great battle about an

ui nit;. ilia iriic, ii im i in ia luuii i . . . , .

irv. after hein,. cm.hned sixteen hours ,mF,J,l,,,M r"V-!- wu.cn

i.. their room.,.. HPree ai.on a verdict. ,here W,M be bul ,ew

acquitted him, as there was no positive 'Ue Portsmouth Gazette, speaking

evidence of his guilt beloce them, hut Avery, says:

we i ave no doubt they fully believed 'His friends, if he has anr. ought

mm guilty. He has escaped with his certainly to advise him not to exhibit

life, bu. not his reputation, and it is himself onnecessarily to the public

utterly useless for his brethren to strug- g:iZ"." So we think. His friends

ie against public opinion to save him have cautioned the press; the pres

irotn contempt a-d degradation, until will take ihe liberty to caution hi?

ne can give a neiter nctouni oi mm iiienas. jitw iiarnpsiurc courier.

self during the afternoon and evening

t ext of the murderer, and that he was rn and the same person. Who was that person? There is not a particle c tesiifionv to implicate any other than the one who as brought to tiial nnd arquiMed. None other was na

med. noe other ;i3 even suspected;

nor w.is there a sinuie circumstance

that could tend to a suspicion a pos

sibility ef any other known agent hav

ing committed the atrocious deed. As to the attempt to prove the in

sanity of this poor girl, who is first the victim of seduction, next of calumrv: it only deserves to be noticed as a desperate and abortive attempt to fix upon her the guilt of suicide. We defy any human being that is not himself i isane, to believe in the possibility

that a woman found as Miss Cornell

wm found hangh.g to the stake, com

fritting the net herself. The thing Whs physically iao-osjible. Some one

f.iust have done it for her, and who fhat was, the wretch who perpetrated

the double crime cf seduction and mur-

of the murder ot Sarah Maria Cornell, Camden, Tune 19.

in December last, than he has yet done Rev. Ephrcim K. Avery. Thc Com

II ttie letter whuh he sent to the de mittee appointed by the melhodist Con

ceased by the engineer, the reception ference to investigate the case of Mr

tnd delivery of which was clearly tra Averv have reported that, after having

ted horn Avery to the deceased, thoroughly and patiently investigated

not his letter, he could have easily the whole matter, are opinion that he

shown of whom he received it, and if entirely innocent, not only of the mur

ine letter which was mailed at r all der but ofany criminal or illicit connex

Kiver and sent to Bnstol, Mass. on the ion or intercourse with the deceased

20th of November last, and taken from (Sarah M. Cornell,) and the Conference

the lin-lol postelhre by Mr. Avery, as have agreed to, and adopted the report

proved, wan not the letter of the etc- and Kev. lentleman is now cxpoun

ceased, Mr. AAery could have shown ding thc word of God, secundum formail

very easuy wno me aumor oi mai e-staiuti.

ter was. Indeed, a correspondence

between them for some time before the I We understand that Black Haw

murder, seems to be fully proved, and and his party are to visit, by arrange

we have no doubt but the meeting ol ment, probably in the course of this day the 20th near the fatal stack, was a- the slendid collection of painting", now

greed upon by the parliee, at which If xhibiiinrr at the brick building, corner

meeting the expected either to be cur- of Ann and Nassau streets, in behalf of

ed of what to much troubled her, or the institution for the blind.

else to be conveyed to some retired

place where the knowledge of her si Several mad dogs have appeared in

tuation might be kept secret; but thelhe neighborhood of Wcllsborougb, Fa

from him in the second attempt? By

crying, and begging him to let me up;

lie at last told me it 1 would stop crying and get dmnei, he would let me up 7. Did he at any other time than the two you have just mentioned, make any similar attempt! Yes. 8. You will please detail the circumstances. don't know what lime in the year, but I think in the same summer. 1 think his wife had gone to

Vevay; I had undressed and gone to

bed; he come into my room, blew out

the candle, threw himself on the bed,

and held me there, and acted the same

iolence he did before.

9. Did he use any force at this time

to make you accede to his wishes!

He held me to keep me from getting

away, and asked me if I was riot .isha

men to act so, and told me how others

would do; he asked me if I did not

want new dresses, and told me if I

would submit to his wishes, he would

et them for me.

10. How did you relea-e vourself

from him at this lime? After he had been there sometime, he told me if I

would quit crying he would leave; after some time, he got up and went a-

vvay in the ther room.

1 1. Had you lost your fither previ

oui to the attempts at violence on the

part of 8iid Washer, which you have

just rehited? Yes.

12 Were you living with siid Wash

er when he made the last attempt

which you have just related? Yes.

13. Did said Washer, at any other

time, make any similar attempt on

your person? YeB.

14. Will you please relate Ihe cir

cumstarcee? I do not know exactly at

what time; his wife was at Mr. Hyde s

whose wife wan sick; 1 was sitting

down mid got up to do something, and

he pulled me down on the floor and

u-ed the 6ame violence he did before

It was in the evening befoie I had gone

to bed there were two little boys a

sleep in the room at first I might h ive

waked them, but I thought I might as

well be dead as to make it known.

Id. Did he at this time use any vi olence? if he did, state it, and state al

so whether yon were in manner hur

bv I ts violence.- JJe told me not to

30 When did D ivid Schoonover

first know i.f the abuse of Mr. Washer

towards you? Sometime la?t winter;

it m;iy t ot have been so long cannot exactly recollect the lime.

31 Who told David Schoonover of

it? Mv husband.

21 Who told your husband? My

self.

33 When did you tell your husband

of it? Since I was married to him.

34 When was you married to him? (Question over ruled by the master at the suggestion of Schoonover's attorney) 35 'Who did you tell of it first and at what time, and what other persons did you tell of it, and at what tune did you tell them? (Over ruled by the master at the suggestion of Schoonover's attorney.) 36 Has Mr. Hewitt, your husband ,

been sued by Solomon Washer, for speaking or publishing the same word that Schoonover thinks he is to be sjj-

ea anouif tuver-ruiea.i

37 Slate what was that act of proidence by which you wa saved from

a destruction worse than death. I do not understand the question.

33. By what means was yon savd

from the misfortune of Washer having his will of you, against your consent?

P.y crying.

39 Did he desist, or stop, when you ried? He tried to flitter, me at that

time, to submit to Im wishes.

40 How soon did you tell of the ill-

treatment that Washer gve yon? (Overruled, at the suggeslioa of Schoon

over s Attorney.)

41. How long did you live at Mr.

Washer' house after thi9 happened? I

can not tell exactly four or rive yearg.

47. Ilave you visited him and hi fa.

rnily, on friendly terms, ever since? f never visited him on friendly terms; I

have visited there, but it was ou account of my people. 43. How long at a time, that is, how many weeks at a time, were your longest visits? I was urged to go there by my relations at home I think the longest was three weeks; his wife was sick, and I was working there at that time. 44. Bid your relations that urged you