I. 1 d.- DA7, , Jne. formation of this jury, perhaps unprecedented for its difficulty in this state and in many others, was distinguished in its progress by some remarkable peculiarities. One is, that of the whole number of jurors challenged but one intimated that he had formed an opinion favorable to the accused. Except those few disqualified by conscientious scruples against return- ing a verdict which would ensure the punishment' of death nearly the whole nnmber called confessed to have a bias against hen. Another singular faet is, that he peremptorily challenged no juror who had not explicitly declared himself strictly neutral; and many of the jurors whom he rejected, expressed their neutrality much less equivocally than several of those to whom he made no objection. The rule or motive of choice betwejsn these neutral jurors, by which, under the direction of his cotnv sel,he was guided, appeared to be the subject of much specu- lative opinion. There are few cases of guilt the most clearly proved, in which the mere possibility of innocence is preceded, and when- ever this possibility is attended by circumstances which create a daubt of a prisoner's guilt, he is entitled to its utmost benefit. The case which we lay before you, however, is one in which oven perjury is precluded; the testimony of one witness will sustain that of another in a circumstantial chain, link by link ; and it will be, in its moral demonstration, much stronger than though it rested upon the testimony of two persons who saw him commit the deed. It is not a case in which design, con- spiracy, and perjury could unite their three fold cord to bind their vielim to the public altar; but it is one in which the lamp of public vigilance has traced the steps of guilt through its most subtle wanderings, and has detected in the very erasures which it has thrown behind it to conceal them still more indubitab 1 clues to its retreat. True its this case will rest upon circum- stantial evidence; but this kind of evidence is allowed to prevail to theconviction of offenders, because it is in its own nature capable of producing the highest degree of moral cer- tainty in its appliaation. [The learned Counsel then read from Starkie on Evidence, vol.1, p. 477-8-9.J My views of this kind of testimony are warranted, and thus have the sanction of the highest authority upon the subject. Gentlemen, I need not for a moment impress your minds with a deeper consideration of the importance of this trial than you at present feel. To the Government, and to the character of the Slate in which we live it is of an importance which will endure beyond the present day. When I say that it is a trial which has created an excitement unprecedented in the history of our State, and extending with scarcely less intensity to other States around us, its importance magnifies beyond cases of or- dinary solemnity. The causes of thi* excitement are well known; for it is enough to say of this trial that religion has thrown her ardent arms around it, and that anti-religion has sneered at her infatuation. The prisoner is a minister of the Gospel in one of the most numerous and respectable religious communities in the Union; a denomination which has its 10,000 licensed preachers, its 500,000 church members, and its 3,000,- 000 hearers; a denomination which has advanced in compari- son to others not. less rapidly than our country itself has out- slrided the nations of the world What wonder, then, that these millions should breatheanxiouslyloknow whether a minister who stood hldeW^vonj: them be guilty of the crime of murder? Sec- tarian jeaTousy, too, may have mingled its less laudable curios- ity, and anti-religion have risen for its privilege to scorn. And the excitement may not have been lessened by the circumstance that the victim of this foul and revoltng murder, was a poor factory girl; one of the 7000 in thi* Slate alone, whose un- ceasing industry draws wealth and all the benefits of their manu- facture from its 130 mills, for the genera! advantage of its citi- zens. And over the rights and lives of th> se poor girls the law holds its protecting shield, not less proudly than over those .whose vocations are not of this world. Thursday, M&y 9. The Judges took their seats at 9 o'clock, pursuant to adjourn- ment, and the prisoner having been brought in. The Hon. Duteo". Pearce, opened the cause for the pro- secution. May it please the Court, gentlemen of the jury ; the indict- ment which you have heard read states the crime with which the prisoner before you is charged; and the time, place and manner of its commission. In each Count it is set forth sub- stantively, but so variously, as to embrace all the probable modes of its perpetration; and if we prove him guilty of the crime as described in either, we shall do all that the laws of our stale require to hold hinuforth the ji/st object of the punish- ment which they impose—[the counts summarily recapitula- ted]—That punishment is death, according to our statutes (page 339.) It may here be necessary to inquire what legally constitutes the crime. In the 4th of Blackstene p. 95, four essential attributes are described—1st. It must be committed by a person of sound mind—2d. It must be unlawful; i. e. without warrant or sanction—3d. It must be committed under the King's peace, (or the peace of the State,) and 4th, the killing must be committed with malice afore-thought; which last is a necessary criterion to distinguish it from other homi- cide. There are many cases in which malice is not proved where the law implies it; but in the case before you there are row circumstances which can elass it with these. In ordinary oases the chief difficulty is to ascertain whether the offence amounts to murder or manslaughter; whether the act was voluntary or involuntary; excusable, or devoid of a mitigating ineident; but in the present case, if it should appear that the prisoner killed the deceased by a wilful act, it cannot be pre- tended that he did so under the influence of strong and sudden passion or in the absence of his rational powers. \\ must have been a wily deliberate murder, in which every feeling that is eruel and mean, disgusting and relentless must have united in horrible energy. I will now give you an outline of the leading facts of the case, without entering minutely into the details of the evidence which we mean to produce, and which, if we do produce will establish in your minds a clear conviction of the prisoner's guilt. [The learned counsel here accordingly gave an interesting narrative of the principal facts of the ease as they bear against th« prisoner, but as all these appear in our ftjll report of the evidenee, and are vet more forcibly arranged in the concludiug summaries we omit this part of the opening.] I am aware that this is a ease in which it is said no positive firoofcan be obtained. But some of the most strongly estab- ished cases of murder, are those in which no positive proof could be adduced. When a murderer has resolved up«n his deed, he does not call out his neighbors to witness it; his in- tention lurks in the dark chambers of his heart, until it con- ducts him to the secluded scene of its action. FOURTH DAY. THIEI 5 Gentlemen, you stand in a situation scarcely less awful for its responsibility than that of the prisoner for its consequences, It is your dignified and solemn duly te stand aloof from all and each of these sources of excitement and bias, whether they would incline your minds to the one side or to the other. Hear as though you had never heard. To the accuracy of your judements and tho integrity of your hearts, the sacred cause of justice, and ihe honor of our Slate are entrusted: decide ac- cording lo the testimony and to the law. a_ John Durfee, sworn for the prosecution. I reside at Tiver- ™ ton, and did so on the 21st December last. My house is half a mile from the bridge at Fall River, near the boundary line of Rhodeisland and Massachusetts. On the morning of the 21st of December, I took my team to go from home to the river, and passing through a lot about 60 rods from my house, when 1 ar- rived within len yards of the haystack, I discovered the1 body of a female hanging on a stake. This body was afterwards identi- fied as the body of Sarah Maria Cornell. I immediately went to her and found she was dead. Her bair was over her face in such a manner that I parted it away te ascertain whether she was dead or alive. t Attorney-General.—Be good enough to say if there was any- thing particular in the state of her clothes, and if so, what it was. Witness.—Her outside diess was a cloak, hooked together nearly the whole length, except at one hook a little below the client. She had on a calash bonnet, and her shoes were off ly ing together ; her feet weiv as close together as if they had been, tied, and her toes on the ground ; her knees bent forward nearly t» the ground. [Witness descended from the stand and ' showed the distance to be 8 or 9 inches, by placing himself in a similar position.] Her clothes were smoothed back under her knees and legs as far as they could reach. Her head was lower than the top of the stake; the distance between the place where the line was fastened round the stake and the top of it was 6 inches. Tho ealash on the right side was so bent back that her right cheek came against the stake 1 called to two perssns who were near, in sight, and they came with a third. Their names are Richard Durfee, William Allen, and Benjamin Negus, who got into the stack yard and noticed how she hung; after looking at her a minute or two, I attempted to take her from the stake by lifting her op with one; arm and removing the line from the.stake with the other, but finding I could not well do it, Riehard Durfee ad' vised me to cut her down, and lent me his knife. I did so, laid her on the ground, and went away immediately after the coro- net' I cut the string about half an inch from where it drew to- gether on the stake, and something more than 4 inches from the knot on her neck. Her shoes were lying about 18 inches from her, and one of them had mud on it; her handkerchief lay about the same distance. Did not observe that she had any bag with her; but she had her gloves on. The coroner came with mo to my house and thence to the. stack. The body was shortly alter wards removed to my house in a horse wagen; she was first laid on a blanket under which was seme hay. She was carried slow and the road was smooth; she partly lay on her left side when taken ^from the stake, for* her legs were bent so that she could not lay on her back, and she was laid in this way on the wagon. The coroner had summoned a jury, and when she was removed to my house they proceeded to their duty. I left them and went after her trunk to Mrs. Hathaway's; she delivered it to me, and a bandbox, saying the key of the trunk was probably in the girl's pocket, as she generally carried it with her. The key was afterwards given to me at my house by a woman named Ruth Cook. It was about two hours and a half after I discov- ered the body that I went to Mrs. Hathaway's, fori discovered the body at 9 o'clock, and go: into my house, from her's, before 12. I wentfor tho trunk, because the woman said she might have things there necessary to lay her out, and because I understood she had letters in it which might enable us to find her friends. I opened the bandbox at my house, it was carried thither as I received it. I look from it several letters; I believe I can iden- tify them. [Letters produced; one of them was written on yellow paper, one on pink, and two on white; and the witness identified them severally as they were handed to him.] Those which are addressed to her were opened; the one written by her addressed to the Rev. Mr. Bidwell, was sealed. Her band box containedjclothmg of different kinds; at the bottom there was a pencil, and beside it a piece of paper about four inches square ; I could identify it by its shape and general appearance, which is dirty, but I did not examine it. [Paper produced.] I believe this is the same ; it was shewn to me the next day by sister Susannah Borden when I read it. There are no intervening objects to obstruct the viow of the hay-stack from my house, from two windows of which it could be seen. I did not examine the kind of knot which fastened the string at her neck ; the one on the stake was a slip-knot taken in a bight as in any other cord; when cut off four ends hung down from the stake; it was a small cord considerably less than the smallest goose-quill, and was so deeply embedded in the neck as to be nearly out of sight; it went round the neck horizontally, and I could not per- ceive that it was higher on one side than on the other. The jury which met on Friday, not having agreed they melon Saturday and having found a verdict, the body was buried about one o'clock, P.M. On Monday the coroner, in consequece of the letters found in her trunk, and the paper found in the band-box, ordered the body to be taken up for another inquest; it was removed to the barn near the burying ground, and examined by Dr. Wilbor and Dr. Hooper; I did not myself examine it par- ticularly ; the jury did, and it was buried again the same day. It was again disinterred on the 25th January, I believe, and examined by the same medical men. Attorney General—Where were you about sunset on Thursday, the 20th December last, tho day before you saw the body? Witness—I was near my house driving my cattle to fodder them for the evening, a few minutes before sunset; and saw a man about 20 rods from where I found the body, and about 80 rods from where I stood; he was standing still, facing west- ward ; I could not see his face, but he was a tall man, wearing a surtout coat of a dark color, and a hat with a broader brim and higher crown than common. My attention was called in that direction by hearing a rock blow up, and this explosion was succeeded by another more loud ; the blasts occurred in the distance between the man and village of Fall River towards the north, the stack yard would command a view of the village. Cross-examined by Mr. Randolph—I don't know who first recognized the body to be that of Sarah M. Cornell; but I was first lold who it was by the Rev. Mr. Bidwell, the minister of Fall River. I did not unhook the cloak when I lowered down the body, though one hook may have opened in lowering, for it appeared more open when she was laying on the ground than when hanging. I will not swear two hooks were not unhooked before she was taken down. Mr. Hicks, the coroner, came to hold the second inquest on Monday, in ospisequence of my showing or telling him on Sunday the contents ef the small slip of paper which was found in the bandbox ; it was the same jury as before except two members, who not being Freeholders, were withdrawn for others. When I cue the body down, I left the part of the string which was fastened to the stake hanging there, but it was removed the next day when I went to look for it; I am certain there were four ends hanging from the stake when I left it there. By the Attorney General.—I am not certain there was more than one hook of the cloak open at all. It was from Dr. Wilbor, I heard she had letters in her trunk, for he said ho had seen one which she had. I know the pi»ce of paper ex- A ternally, by its " countenance," from its being rather dirty. By Mr. Mason—1 never said I knew it by the pencil wri- ting inside. All I said about a pencil was that I saw one near it, in the bottom of the box. 2. Williams Durfee—I reside at Tiverton and did so en the 20th Dec. last. I was called to be one of the jurers on the body of Sarah M. Cornel, after it was laid on bed at John Durfees ; I examined the neck to see if it was broken, but could not dis- cover that it was. I could not at first perceive any cord, it was so deep in the neck, but on turning to one side I saw a little knot, and string, near the right ear, but not under it. It was what is called by farmers, two hitches ; but we, who have been to-sea, call it a '* clove hitch." We some times use it in killing calves, passing the cord twice round the neck, taking the hitches, and then one (person) pulling one way and the other another. Farmers some times call it a " cow hitch." It must be drawn horizontally, and will not draw if pulled in any other way. It was exactly round her neck, as near to one ear as to the other ; I tried to get hold of it with my finger nails, but could not, and called Job Cook to help me get it out, for I was afraid to use a knife lest I should cut the skin ; however we were compelled to cut the eord, and when we had picked out the ends, we gradually passed it round the ndjik till it was unwound; the calash strings were under it. It was a kind of string which'sailors call marline, though some call it hous- ing (string produced.) This is like the string, but rather more open at the ends than it was then ; this apppears to be the whole of it except two or three mches which I cut off and gave away. [At the request of the Attorney General, witness here made the dove hitch upon his thumb, showing how it acted.] Every body knows that a clove hitch must be drawn horizon- tally, with both hands, or you will never get it tighter where the knot is. Foreman of the Jury—I want to ask the witness for my satisfaction and that of the jury, whether that knot will not Idraw at all in a perpendicular direction, when the ends are 'brought together? [Witness again took the string and showed 6 Sat wa8*"fcitil)rJ ^ r°U Me'U "* "°l draw at "*» faei| w«'^!;TMi'Udr:TP'h^ X stat?d at the Bri*to1 lamination was, that there might be three or four inches of the string hang- ing from her neck when she was cut down. I dont think it was five inches, but I will not swear h was not six ; I speak to the best of my recollection both now and then. [During the ex- amination of this witness, the prisoner placed a piece of red tape in various forms on his hands, with an air of abstraction.] 1 measured the distance of the cord around her neck from the ears, and it was about an inch and a half from each. I speak to the best of my recollection, and if you want to get more from me it will not be evidence. 3. Seth Darling— Described the position and dress of the body, state of the cord around tho neck and stake, and other circumstances, precisely like the previous witnesses,adding—her hair was a good deal "frowzelled" and disshevelled over her face, and her calash was bent back on the left side: both hands were, under her cloak, the right raised up to her breast, and the left down by her side. The boggy grass around did not appear to have been trodden on, and there was no appe- rance of a struggle either in the stack yard or near it. I acted as Post Master, at Fall River, on Monday, the 19th of Novem- ber last; I made up the mail for Bristol that dav, the only day in that month I did make it up; it contained but oho letter, anil this was directed to the Rev. Mr. Averv. I recollect this, and the entry which I made in the office book and in the way bill at the time; I can produce a copy of the entries which I then made; I took tho copy in the month of March, when this trial was expected to come en. [Mr. Mason here objected to the admission of this copy as evidence, saying the witness must either depose to the fact fiom memory, or from the original entry. The Attorney General replied that as the original was within his reach, he would for the present chance the correct- ness of witness's memory.] Another letter was put into the box with this one directed to Mr. Grindall Rawsen, South Woodstock, [brother-in-law of the deceased] the wafer of which vas wet wh||n taken out of the box. [Letter produced marked Fall River, Nov. 19th, fig. 10, which witness identified by his own mark on it.] I was standing about two feet from the box, which I had cleaned out about half a minute before, when I heard two letters dropped in; I did not see the person who dropped them in, but I took them out immediately, and they were those 1 have mentioned. Cross-examined—In a most protracted cross-examination of this witness, respecting his being a member of the Committee of Vigilance, at Fall River, and his means of recollecting the above letters, nothing of importance was elicited except the following:—" It was the custom of the office to mark the letters Cith red ink, but in acting for the Post Master that day, who as sick, I marked the letters with black ink ; one reason also of the name of Avery being impressed upon my mind was that it occurred to we at tho time he was the methodist minister at Bristol, although I did not know him personallv."—Recess of Court 'till 3, P.M. 4. Lemuel Briegs—I have been the Postmaster at Bristol for ten years; I recollect the entry of a letter from Fall River on tho 19th November, addressed to tho Rev. Mr. Avery; has some recollection of the letter independently of the entry, but ceuld not swear positively without the books and way bill, which he had neglected to bring. [And Mr. Mason contending that testimony founded on memory refreshed by written doeu ments, could not bo evidence unless the original documents were produced to coroberate it, the Attorney General moved the Court for a subpoena Ducis Tecum to obtain them. 5. Elihu Hicks, (Coroner of Tiverton,) deposed to the situa- tion, &c. of the body when found, tho proceedings of the in- quest, and his custody of rive letters immediately after they were found in her trunk, &c. Cross-examined a long time, and with amazing difficulty, b'-ing an old man of irritable temperament and rather deaf.— "I djsn't know to a certainty whether I swore the jury or not; I charged the'rn at the stake ; I have held half a dozen inquests before without swearing a jury, and one on which you (Mr. Randoph) was concerned—that of the colored woman ; the verdict I believe was suicide, but I don't think it was signed by all the jurors; three or four signed if, hut not more than four; I don't know where that verdict is, I left it »a the table and it has been lost; I will go home and look for it, (reluct- antly) but if I can't find it I won't bring it. [We have been informed this verdict was written in the following words : "The deceased, S. M. Cornell, died by committing suicide upon herself, with the assistance of a married man." The second verdict I believe is in Court, except the testimony of Dr. Wil- fcor, which he borrowed of me, and which has been published ia the newspapers. Witness put on his hat, and asked when; As should be wanted again. 6- Dr. Fotter Hoop*r~4 practice medloine at Fait Ictres, where I first went after closing my studies, and whore I hayo resided five years. I did not see tho body of Sarah M. Cornell, before it had been interred, but on the Monday following her death, in John Durfee's barn. There was a deep indentation all round the neck, from three-eighths to half an inch in depth ; it was nearly horizontal, and on carrying the head back it be- came quite so; it was of a reddish black color, dry, and pre- senting the appearance of parchment,; on the right side of the indentation, the cuticle or scarf skin lay in fine shrivelled plates, as though the cord had been drawn very swiftly, and they had been pinched between its strands. The indentation crossed the thyroid cartilage and the spinos process of the sec- ond vertebra of the neck, and was an inch and an eighth be- low each ear. On the right cheek and temple there wero irregular indentations, perfectly colorless, as though oc- casioned by pressure against some hard substance after circulation had ceased. The stomach appeared perfectly healthy, but the lungs were engorged with black venous blood; on tho knees were several scratches and abrasions which had drawn blood; they were also dirty, and stained green as with tho juice of grass. There were a few scratches on the left leg below the knee, and at two places skin was knocked off akajut the size* of a four penny piece (6J cents.) The right side ofthe abdo- men was of a lived hue, but the lividity was so diffused that it appeared more like incipient putrefaction than the discolora- tion of a bruise; on the left side however, just above the hip, there was a considerable contusion which could not be mis- taken. We discovered nftetus, which at first appeared tqJ>o about half grown, but it required a minute inspection to ase tq_i>o ieearcb; but unless we ' had time to clothe this testimony in more highly technical lan- guage than it is expressed iu our notes, it would be utterly until for general publication. [Notwithstanding these authorities for determining the age of a fret us by its length and weight; I am convinced that foetuses of the same age differ in both, as often as children do at their birth. I do not think the woman was so far gone as I at first supposed.] 7. Dr. Thomas Wilbur.—A member ofthe Society ofFriends, and a physician "! ui';« experience, who had assisted in the examination of the LmhIj, described its situation and appearan- ces precisely like the last witness, and expressed i;-.e same opinions concerning them. He proceeded to say—" 1 had seen the deceased several times before her death, for she had con- sulted me about her health, and wished to know wliethershe was in a stato of pregnancy ; I could not form a decided opinion the first visit, but afterwards told her she was undoubtedly so. This was seven or eight weeks prior to her death. Attorney General.—If it pirate the Court, I propose to ask the witness whether the deceased made any corrmunica- lionto him in reference to the auiher of her situation, and what the conversation was that passed ! tlwecn them. I did not ask the witness this question, Because I knew the learned connsel opposite intended to object to it; but I propose that the whole conversation be staled to prove the facts : 1st. That she did make known hwr situation, end 2d, ilrat she did name a certain indi- vidual as the cause other situation. These facts I jiropose to prove beecause I understand one of the principal grounds of defence in '.his cause is, that the deceased committed suicide; and these facts, if proved, will show that the usual motive to suicide under similar circumstances, namely the fear of dis- closure, could not here have impelled her, for they will show lhat she had alrci.iy disclosed both her-situation und its author. Mr. Randolph.—The real okjtcr, if it please the Court, with which the Ait'y Gen'l proposes to get in this com crea- tion, is to implicate my client as being the father of this wo- man's child, and thus to prove a very important part of tho case by second-hand declarations of her own ; but by no rule of law can such testimony be admitted; her declarations have not the authority of dying testimony, and weie not made under oath. Tho facl that she ppplied for medical aid may be evi- dence ;but her declarations are not, and they must die with her. The Court adjourned till the morning. FIFTH DAY. Friday, May 10 The Court met at 8 o'clock, A. M The Attorney General said he should not delay the trial at present by continuing to discuss the question of evidence raised last evening, but should proceed with the testimony. Dr. Thomas Wilbur, (cross-examined.)—When I first saw the body, the day after her death, ihe tightness of.thc Btring round her neck, her cloak being hooked throughout, and her arms and hands under it with gloves on, w■.. re circum- stances which looked like homicide, and caused a doubt on my mind which I could not dispose of. After a multitude of unimportant questions, Mr. Randolph said—en your last exa- mination ofthe body was there any thing apparent from which you would swear in a case of life and death, that a hard instru- ment had been introduced for the purpose of producing abor- tion ? Witness—There is a difference in feeling certain of a thing and .being able to Fwear to it ; bin. to the best of my knowledge and belief the discoloration which was found on the parts*could not have arisen from any other cause." A pretly warm debate ensued between the eounsel, towards the con- clusion of Dr. Wilbur's testimony, on the subject of deposi- tion which he gave before the coroner, and which he had after- wards enlarged, and permitted to be published in a Providence paper in March last. The witness expressed his regret that it should have been published at that lime, as it contained all the statements which the deceased had made to him with re- spect to Avery ; but at the time witness gave it to the Editor, he did not know thfl Avery would return to this section ofthe country. Mr. Mav.n concluded a discussion more than usually exciting by an attack upon newspapers in general, which we will not report, lest it should utterly exterminate a class of publications to which some persons have been largely indented for ih- ir reputation. , Ijemuet Bridge, Postmaster at Bristol, (1th witness) re- called.—On the 19th Nnvi mi»< r one letter was received from Fall I?iv«r, postage (• cents ; tin re are several other charges entered against Mr. Avery that month, and my son took a receipted bill of them to him, which he paid; there were two charges against him of 6 cents each, one on the 12th and the other ou the I'Jth of November; the letter of the 12th was the only one in tho mail from Fall River on that day. I have ho recollection that these letters "ere delivered to Avery himself, though he keeps a box at the office. I never saw a letter in the office dirccu d to Betsey Hills, (<^30 and I do Hot knew any person oi that mine. Cn si-examined.—1 have no recollection ofthe dates on which these letters were received except from the records of the office, but I believe it from them; the lelUyrs are. always entered, and I knmv of no deviation from the ruff. The way- bills are »ent to Washington quarterly, and there kept. The entry on the 12th of November is in my handwriting; that on the 19th is in my son's; the letter charged to Avery could not have come more than 30 miles. 8. William Allen, corroborated the testimony of the first two witnesses, as it respects the position and peculiarities of the body when found. 9. Benjamin Manchester, also deposed to the same facts, adding,—" from the stackyard, 1 went to ray labor, and about 18 or 20 rods from where the body lay I found a piece of a woman's comb, which has since been known to be S. M. Cor- nell's; the one produced is the same. I work on the land be- longing to Andrew Robinson, about 50 rods N. W. ofthe stack yard; and on the 20iii December last, about sun-st t, Abiier Davis and I started for \hy west tnd of the meadow towards the jshore, leaving a considerable charge of powder in a rotk on which we had been working to blastjt. Nrur the west end ofthe nvadaw we saw a man setting on the wall, with the skirts of !ux coat held up in his hand's ; he jumped down, and as he was crossing where we had nassed, quite in a direction which would expose him to danger from the explosion, I told Davis to sing out to him, andjhsi as he halted the powder took fire. He canted his head a little to avoid the fallmt: ston< s, and if he had gone much further they would have falien very near to him. lie was dressed in a dark brown sourtout coat, but- toned up snugly, and wide a brim'd black hat. His height was rather above the common standard, but I had no opportunity to see his features; he first went tqtiare across the meadow, and then hauled cast. 1 have since seen Ephraim R\ Avery, and ihe dress, stature and appearance of il-e man in th*kmea- dow resembled in every particular those ofthe prisoner. Thero was a cart standing in the lot where wc worked, about 400 rods from the slack yard, into which we had put some bags we use to sit upon in drilling with some of our tools, and these bags were sewn uo with such cord as that round the stake. Cross-ix-rminid.— There is no wall between the stack and ihe place where i found the comb; the around is rouah, and rather descending towards the stack. There are no apple trees within 50 rods of the spot where I found the comb, but now and then some ro.-e-biishes and briars. 10. Penelope Burden, (an aged lady.)—I assisted in laying out the body of Sarah iSl. Cornell, the day she was found dead, and saw the whole, of her person ; there were very bad bruises down her back, and as v. e turned her over v.c saw the prints of some one's fingers just above the hips. [The Attorney General here went to ihe witness and she placed her hands on his person in the same'form ms thtvjpiarks appeared on the body.] Tho marks just fayed (fitted) to nv fingers as I spread them on you now ; the marks of |^e thumb on the lower f.art of the belly, and ofthe ringers opposite on th§ loir*, jfct be- hind, were on both sides, but those on ilusrigbt side were tho plainest. They were very bad marks, anjjfrwcrc "j»oth above and below, those limbs below," (utac&i^lrer handl uppn her thighs.) Her right arm was rarsedllp tnur,~( tqal'.e breitat) and the hand twisted round so, (the paltmturncd oatwaisJ Bom ihe person) and was very stiff. My sistei, who is "older than I, r>nt her liugors on tho marks upon her belly, and th'.'y .would nearly "fay." Her secret appearedvuich bruised, rial there was a little blood upon her garments One of her knees was very green, the other not so much so, and the st:iin of the grass would scarcely wash out; the marks on her back so took my attention, that 1 did not examine the smalh r ones. The cerd round the neck had been removed before we came, but the mark was very deep. CrOi*-examined.—The knees were so bent, that we used warm water to get thorn down; I first formed aa -u ion that she nad been violated, bui I am not forced to a: '♦hat my "8 thoughts are. (Mr. Randolph hero made some particular in- quiries, and the venerable old lady exclaimed I never heard no such questions asked by no person," and would not reply. ■II. Ruth Burden.—1 assisted the last witness in laying out the body, and the marks were such as she described them ; those of the thumbs on the lower pajt of the belly must have been made on both sides when the grasp pressed ihos, [des- cribing the supposed position ofthe hands which made the marks, by placing her own upon the person of a gentleman who was requested to stand near her" for ihe purpose] with ihe two thumbs pointing to each other upon ih» belly above the groin. There were marks lower down, * + +■ * very dark. Her under sarments were stained with a little blood, and there around the bags we had used to sit on when drilling hotoo m the rock, and a few days after she was found, wo discovered that one of these bags had been unlaced and tho string taken away. From what I saw ofthe man in tho lot that evening,11 Hrlieve the prisoner to be the same person. [Mr. Mason ob- jected to the admission of this opinion ai evidence, on tho ground that it was not formed on a recognition of the counte- nance, but merely on that of the stature and clothing of the per- 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 ho had, I suppose I should have noticed them. I saw him in the lot about 30 rods from the slack. I did not state it in the Court also a quantity, another kind of substance (fosces) adhering to at Bristol that he was Mr. Avery, because I was not asked, but them; the legs were scratched, and tho knees stained green.— I was of the same opinion then as now. I knew I had sworn fa Witness not cross-examined. state the whole truth, but if it had been you (to Mr. Randolph) 12. Dorcas Ford.—(The feeliags of this respectable lady or John Durfee, I should not have said so unless I had been nearly overpowered her.)-7-I assisted in preparing the body for asked. The bags were put into a cart, which was about 100 interment; there were maiks apparently made thus [descri- yards from the stack, and judging from the course he was tab- bing them on the person of her husband], and others which ing when I saw him, he would pass within six,or seven rods of have been described ; there were two just below the shoulder j the cart; bui the bags were not in it then; we picked them up blades, <>f a yellow sh brown color, and others on the loins and put_them thejre afterwads, with our tools. which indicated greater violence.—Mrs. ------lifted up her hands, and said "Oh! what has been done?" and I replied. ra«h violence! There was froth tinged wilh blood, which had proceeded from the mouth and nose. Cross-examined.—I did not say at the Bristol examination that the body bore marks eta violent intercourse; I said she evening of that day, and on my way home to Fall River, called had been "dreadfully bruised." I did not say there had been at Benjamin Hambley's store to get something te drink; some 16. Richard Durfee, was called by his son John Durfee (No. 1) when he first discovered the body, and corroborated his testimony with retard to its position, appearance, &e. 17. William Hamilton—On the 20th December I left the place where I was at work near Taunton, at half past seven in an attempt at abortion, but you can judjte of that yourselves.— The witness was questioned a long lime on these two points, but she would return no other answer, than that she had said ' the deceased had been dreadfully abused,"and her lifo bruised from her. 13. Susannah Burden, deposed to having seen most of the marks before described, and to those of feces on the under clothing.—" I have seen this paper (produced) before ; it was taken from Maria Cornell's bandbox by John Durfee's wife, and I carried it down to tbe Rev. Mr. Fowler's, our pastor; I know it by the marks on it; and this letter (produced) was taken from her trunk at the same time, to find out where to direct to her friends. Cross-examined.—The paper was found on Saturday after* noon, about 4 o'clock ; it was found about half-way down the band-box, among her clothes, and I saw a pencil beside it. 14. Thomas Hart, identified the pieces of a comb produced, which had been at tome time repaired with a slip of brass, as those which he had found in the lot, 23 rods from the stake. 15. Abner Davis.—On the 20th December, I was with Ben- jamin Manchester (No. 9) blasting rocks about half a mile from the village of Fall River; we had blown a rock in which a seam had been left, which we concluded to blast again that evening; we charged it with about a pound of powder, and hav- ing applied the fire, we started to run down westward; whilst I was running, I saw a man sitting upon a wall, about 20 rods from us, with his face towards the northeast, and when he saw us he jumped off and walked towards the north. Seein« lie was iroing directly towards tbe rock which we had charged, my partner notified to me to tell him of the danger; I did so, and the rock having just then exploded, he shaped bis course rather to the east. This was a few minutes before sun-set, and the light was pretty good; he had on a sourtout, rather tight, of a brownish dark color, and abroad brimb'd hat rather taper- ing at the crown; I took particular notice of him, but had not a full view of his face; I was about ten rods from him when I called to him. 1 saw a roan exactly like him at the examination at Bristol, and told Thomas Hart that was the man I had seen on the evening ofthe 2Dth December, near the place where the girl was found hanging. I was nottoldrhisman was Ephraim K. Avery until after I had recognized him walking in the street with others; his whole appearance, height, hat and clothing were alike. Tbe string round the girl's neck was like that persons were there reading Governor Haine's Speech, and when I rose to uome away, some of them were looking at their watches and said it was 17 minutes to 9 o'clock ; as I went en my way home, crossing the hollow near John Durfee's house, 1 heard screeches, and then stifled groans,, as if from a female voice; I thought it was a woman, and some one beating her. The sounds seemed to proceed from,the back pari of tho orchard, or in a direction through it; and I started to get to the rising ofthe hill to hear what it might be, but I heard nothing mere. Cross-examined.—The groans I heard were in the direction of the stack or near there. I heard them occasionly three or four minutes. 18. Benjamin Hambley.—I recollect Hamilton's calling at my store on the 20th December, in the evening: I also recollect looking at ray watch ai 20 minutes before 9 o clock just as he left; but I do not remember whether other persons took out their watches. 1 believe my watch was correct, fa/it was a good new one which had been regulated three weeks by a watch maker of Fall River. Cross-examined.—There was then about fifteen minutes difference between my time and that of Fall River, as regulated by the factory bells, for Mr. Gooding, the watch-maker, keeps his regulator ten minues in advance of the factory time, and when I called on him two or three days after the murder, and about three .veeks after he had corrected my watch, I found it had gained five minutes. 19. Eleanor Owen .—Lives at Tiverton, near Fall River; on the evening of the 20th December, when at home in my house, I heard screeches in a woman's voice; the factory bell ,\vas ringing at the time, and we had two cords of wood split- tig up, so I told the boy to open the door to hear more distinctly, bnt I did not hear the screams again ; it was half past seven o'clock by the bell when I first heard them. Cross-examined.—My house is a quarter of a mile from Jolui Durfee's stack yard; the wind was very high, and blow- ing in that direction. I mentioned that I had heard the screaming the very next day, when the body had been found.— [This witness, a native of Wales, spoke imperfect English, and was not distinctly heard at the Reporter's desk ; but in the course of a long cross-examination, induced by the discrepancy between her statement of time at which she heard the screams and that ofthe witness Hamilton (No. 17) nothing further was elicited.] ( • SIXTH * , Saturday, May II. 2ft. Ruth Cook.—Was one of the women who.assisted in preparing the body for Interment, and gave a similar des- cription of its marks to that of the preceding female witnesses. 21. William Pearce, ji—I am the Fenyman at Bristol Ferry ; I ferried Epraim K. Avery across to Portsmouth on the 20th December, about 2 o'clock, P. M. He had on a sur- tout, or box coat, of a brownish color, and I think a black I.it; he had not spectacles on, and I don't remember that he had any cane or bundle. I knew him well. The weather in the forepart of the day had been rough and blustering, but it be- came milder about noon, and we crossed in the sail-boat; I DATf. had not crossed in the horse boat that day, it had been so windy, and that boat nad 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 what 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 be- tween 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 boat on his return the next morning, but I did nol distinguished who he was. Cross-examined.—Whilst crossing, he asked me w"here the coal mine was, and I pointed it out, but did not direct him the bcit way to get there ; I think he said Oliver Browning had 9 been after a boat to carry some coal for him. I think I never I and it, about half past two P saw the prisoner cross the ferry without his cloak, except on ; 28. Charlet Carr, brother tho 20ih of December. I would not say on my oalh lhat he ever before crosssed with me without his spectacles. Ii did not blow so fresh en the afternoon of the 20th of December, but that the horse boat might have crossed had it been ready ; when landed I saw him mount the wharf but did net notice hun afterwards. Direct examination returned — The time at which the pri- soner crossed may possibly vary from the time stated, but if so it was rather later than earlier. Our time at the ferry varies a little Irom the Bristoltown time, but whetherit isfasteror slow- er, I cannot say. I carried Mr. Avery over after the stage.from Bristol to Providence, which crosses between eleven and one, had passed; he was the only passenger in the boat at the time; and he paid double ferriage for putting the boat off. 22. Jeremiah Gifford—I keep the ferry at Bristol; I did not know Mr. Avery by name when he crossed on ihe 20th Decem- ber, but he crossed somewhere between two and half past two that afternoon, for I saw him land on the whaf at Portsmouth at that time. He knocked at my door on his return at a quarter before ten the same 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 I opened the back door, I saw Mr. Avery standing in the sink room:—he remarked it was cold and blowing very very fresh, but he wanted to cross that night. I replied it was vety late, and he said, "scarcely so lale as you imagine;" but I said "we'll lookTu the clock," which we did, he last witness, was with him at the time,and reeolleclslhe above circumstanoe. "The man was tall, had on a surtout of a dark colour, and a handkerchief lied like a cravat over the chin; I said to my brother he is rather proud not to look round to us. I did not know Mr. Avery at that time ; but next day, when I heard «f the murder, I recol- lected having met the person I have described." 26. William Cranston.—I keep Howland ferry toll-gate, commonly called ihe Stone-bridge, and I recollect thai about 3 o'clock P. M. on the 20th December, a man, looking like a lawyer, a doelor, or a minister, eame up and said " It is a cold, blustering day." I invited him into the house, but he declined, and said he was bound to Fall River. He had the money in his hand, paid me, and walked on ; he was about six feet high, had on dark clothes, and a black hat, with rather a broader brim than this [showing his own]. I did not observe that he had any bundle or cane, nor that he had any spectacles on. I shut the gate about sundown. There is a way by which passengers can gel round the gate at night, after it is closed, if they do but know it, which I call doubling Cape Horn ; ihey have to get down the wall on the beach, just where the tide flows, and step up the other side ; and I sometimes look to see if any people have left tracts of passing that way. On the following morning I observed the tracks of a man who had passed in a direction from Fall River to the Portsmouth side. The place being soft with ihe tide, the marks were quite fresh and distinct. I think I Could recognise the man who crossed the bridge—I saw him andfound it wanted fifteen minutes of ten o'clock. He request- in the. court house at Bristol, and that person I believe was the ■lid me to put him across that night, saying lhat Brother Warren [prisoner, wham I now see ; I never knew him before, nor did had informed him he could cross at any hou •; but I said that the [any one point him out to mo, but I knew him pretty quickly af- weather was so "tedious" that I did not think I should go abroad, Iter I got into the court house. and asked where he had been at so late an hour. He replied Cross examined. I may have testified at Bristol that I that he had been up the island on business, and had he known thought he had a spencer on, for this reason : when he left the he could not have crossed that night he should have gone to Brother Cook's or to Brother Ira Cook's and slepti; and the rea- son he assigned for wishing to cross was that his family was un- well, and would expect him home. 1 said there were physi- cians in Bristol if his family needed them, and wished him to go to bed; he said he would if I would give him a draught of water, and having dons so ho woat to bed. I did not notice any thing peculiar aboat him, nor did ho complain of being lame ot bridge, he took up the tails of his surtoul upon his arm, so that it looked like a spencer; but when he had taken out his hand- kerchief, he let the tail drop, and I saw it was a surtout coat; it was not a double breasted coat, but one which buttoned up tight to the neck. I did not point him out at Bristol, because 1 did not know it was my duty to do so, unless I had been asked. I never s:iid he had paised ovsr the bridge that day, riding gh the front of the stage. By a Juror: I do not remember whe- tired. In tho morning, I told my son to take him over,and spoki | ther be had an extra handkerchief round his neck. to htm before he went. I reeollect that he had on a brownish surtout coat, rather longer than a common box-coat, and a large sized black hat with a wide brim. To the best of my recollec- tion he had no spectacles on either that morning or the night before. My diughter Jane was up, and probably saw him be- fore he wont away. [The witness proceeded to describe the relative localities of the ferry and Howland bridge to certain roads and footpaths in the neighbourhood, which a stranger or a person well acquaint- ed might select to arrive at Fall River over Howland Ferry bridge.] Cross-examined—My conversation with Avery, could not have occupied more than three minutes, including my fetching1 six miles and 15 rods 28. Robert P.Lee was called to prove a negative to an anti- cipated point of the defence. I left Fall River on the 20th Dec. about 12 o'cloch, and got to Stwne-bndge about half past one ; left Lawion's tavern at half past two ; crossed the bridge on foot, and went to Oliver D. Green's, staid there three quarters of an hour, and went on to Newport, taking the ordinary east road. I met no person whatever, except Abraham Barker, be- tween the bridge and Green's ; but, afterwards, I met a abort man, named Pelcg Aury, who had on a pea jacket, about three quarters of an hour before ihe sun went down, and no other person. I arrived at Newport at a quarter past six. Cross examined: I was about one hour and a half walking him the water, for I was in my shirt only, and it was very cold ; I looked at the clock immediately. He did not say he had been long at tho door, or that he had any difficulty in waking me.— I may have said at Bristol that he arrived at half past nino.— The coat he had on was like the one he wears now. 23. William Anthony.—I reside at Portsmouth, and remem- ber that on ihe afternoon ofthe 20lh December, 1 saw a person passing botween my house and the pond below, towards the south, 1 did not observe his dress yery particularly, but I re- collect 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 ovei tho wall, pretty well down to the pond, about 50 rods from me, when he came to the open space at the bars I saw him distinctly. 1 do not know the axact time, but I know it was after dinner, for I had foddered the cattle and was then culling wood. When I first sam him I thought it was one of my neighbors gunning, but when he came to the bars I saw it was not. Cross-examined.— Severely as to his recollection of theday. I was at Judge Clark's on the ISth, and look a receipt of him for some wool. On the 19th, I was at Oliver Green on busi- ness. On the 20th, my child being taken very ill,I went to Dr. Luther's, recollect meeting him »n my return, and thai I stayed ai home during Hie remainder of ihe day. The pe.-sen for whom I first mistook ihe prisoner, or whoever u may have been, was Mr. Boyd,but he was at Fall River market at ilia tune, and 1 Knew ihe stranger was not hun, a.-, soon as he came \o the bars. 24. William Carr, on Ins way home from Fall River mark Blfo Portsmouth, on the 20lh D«sc, remembered to have met a person resembling the prisoner in dress and sialure, about twenty rods from Charity bridge, between witnesses's hous< 29. Isaac Burdick, deposed that he had walked from Fall River to the stone bridge in one hour and ten minutes,five years ago, oa an occasion thnt caused him to be in a great hurry to get home. 30. George Lawton. I keep the Bridge Tavern at Tiverton ; it is situated on the east sidcof the stone bridge. I remember to have noticed a man on the 20lh December last, crossing the bridge on foot in a very fast walk. This was at atout three o'clock. He was dressed in dark clothes, asuriout coat, and a broad brim'd hat. I noticed him particularly, because he seem- ed lightly clad for the weather, and I thought he was walking last to keep himself at, of a dark mixture, nearly black, and he was rather a tall nan. Although ii was in the d'.sk of the evening, and he was •valking from me, I had a view of his face, and observed lhat 10 he had dark eyes and hair. ^ Cross-examined. I believo jRWas to Col. Harnden that I nrst remarked he looked like a Methedist minister ; and it occurred to my mind that it was Mr. Avery, for I had seen him once before ; 1 believe I said at the time, "There goes brother Avery, but I will not swear it was him. He had no whiskers, and I have never said he shaved them off since that time; I may have said since that he shaved his whiskers, because I have heard it said that he did so alter he was apprehended. I have observed that he looked very different at Bristol because he appeared pale acd emaciated, as though he had broken his rest. 32. Gardner Coil—I am barkeeper at Lawtou's tavern, Fall River. On the evening of the 20th December last, about six o'clock, a gentleman came to the bar and said he wanted sup- per. He did not come into the bar room, but went into the sitting room, the door of which is opposite to the bar. Supper was laid for him in the dining room, and he retired thither. He was a tall man, dressed in a brown or dark colored surtout coat, and had on a. flat fur cap. I do not think I could now recognise his features, for I did not then particularly notice them. He appeared in a great hurry, and went out immedi- ately after paying for his supper. I should not think Mr. Avery differs at all from that man in height. He brought no horse with him, or I should have received pay for it. At the Bristol examination I saw a man sitting at the corner of the table who resembled the person I speak of, and he was the pri- soner. Whilst he was there the girl came for a glass of brandy for him, for which he paid. Cross-examined. The girl who attended on him, was Mar- garet B. Hambley—he appeared to be about thirty-five years ot age. There was a pedlar in the house at the time, named Alden, but I dont think he took supper with him. I was not present when Margaret B. Hambley tcsiifiedat Bristol. I saw Mr. Avery, however, when he was brought to Fall River from Rindge, by Col. Harnden ; be had then spectacles on and an outside coat. 33. John Borden.—I live at Tiverton. On the night of the 20th December, about twenty minutes past nine, I was on the road from Fall River, and saw a rather tall man at a short distance a-head of me; we were then about half way between Fall River and Sioney Bridge. He was walking at about an ordinary rate. I have not seen him since till I see him now. It could not have taken me more than ten minutes to walk from where I first saw him to my house, and when I had lit a candle I found it was just twenty minutes past nine. 31. William Gifford —I am the son of Jeremiah Gifford, the keeper of Bristol Ferry, and remember putting Mr. Avery across to the Bristol side on the morning ofthe 21sl of Decern ber, after he had slept at our house. I said to him, " Mr. Ave- ry, I did not know you had a meeting on the Island last inyht;" and he replied,"! had hot a meeting, but I went to the Island on some business of my own." I d:d not see him when he came over from the Bristol side the evening before. I think he had spectacles on that morning, but I did not observe any bundle or can,1. Not cross-examined. 35. Jane Gifford.—1 am, the daughter of Jeremiah Gifford, of Bristol Ferry, and a sister of the last witness. I saw Mr. Avery after ho had comedown stairs on the morning of ihe 21st of December last, and shook hands with him; I said, " Brother Avery, I did not know you was going to preacti on the Island last night;" and he. replied,"! did not preach there,I had busi- ness with Brother Cook." He added he was sorry he could not get over the ferry the same night, because his family \.as sick. There is a John Cook, a member of the Methodist rlmrch, who resides about two miles from our house, and a Will-am R. Cook, also a member, who lives near. Cross-examined. I dept in a room adjoining my father's, and beard him sav it was half past nine o'clock PB6. JLs. Harriet Hathaway—preside at Fall River and knew parah Maria CornelL1? She boarded with me. The last time I sawfcer aiivevvaj on the evening of the 20th December. She had reipiestedjphu at noon to get her supper ready before dark, which \ dKl, aridjche took it before she went out. She 'changed her ftocliP|jJuint; on a better one than she usually wore ; aud lidlng fetched her cloak and calash, she went out *%ymg, she was going to Joseph Durfees, and should, perhaps, return imoiediately, but that, if she did not, she should be home by mm; o'clock. I wailed up for her till ten, and then went to bed leaving a light, and the door unfastened. '! ho next uioru- I heard from S,,th Darling that she had been found dead. She worked at Mr. Anthony's mill, the usual hour of leaving which is half past seven, bul on that evening she came home mueh earlier. She had been unusually cheerful throughout that day. She had boarded with me three weeks, during which time no one had vssiied her. I delivered her trunk and band box to John Durfee, the key of which was found in the pocket she had on. I should know the comb she usually wore from its having lost two of its end teeth, [comb produced and identified]. 1 have seen in her possession three letters; one pink, one straw coloured, and one white, [letters produced]. Those appeared to be the same; she never, that I know, read them aloud in the houso ; no other person boarded with me. She was not in the habit of being out in the evening, except on s ibbath and class mooting evenings. I never saw the contents of her trunk or bsnd box before her death, and I am not aware that she bod a pootaM book. Cross-examined.—I saw the letters lying in her lap, and I think I could swear these are the samo ; I noticed that the direc- tion on the white letter was written in a larger hand the others. I saw her with them about a week before her death, and said something concerning them to my daughter Lucy. 37. Lucy Hathaway—lam the daughter of the last witness. I worked in the same mill and in the same room with tho late Sarah Maria Cornell ; on the afternoon of the 20th of Decem- ber last, she informed me of her intention to leave work earli- er that evening than usual, as she had a particular engagement, and she accordingly left at half past five ; she had been re- markably cheerful that day, for she was generally very sad, and held little conversation; sho was particularly so on the Tuesday preceding the Thursday on which she died, for the expressed fears that she would not be allowed to leave the mill early enough on Thursday to fulfill an appointment she had in the evening; but she added, " I am determined to go, whether they will permit me or not." On that evening, about five minutes before she went out,she came to my window to comb her her hair. I know this to be her comb, [produced] but it was not broken then. I knew heraweek before she came to board at our house ; she came on the 1st of December, and-* the reason she assigned for changing, was that she wished to be more retired—I did not know her situation at that time. On the afternoon of the Saturday following the day she came to my mother's, 1 recollect her receiving a letter. She went that day to the post office to enquire for one, and on her return, sho held it up and showed it to me ; it was written on white paper; I afterwards saw the writing inside, which was not more than two or three lines, but did not read them. It was marked ono cent, postage. [The white letter produced and identified.] I also sawher with 2 other letters, 1 pink, and the other yellow or straw coloured; I afterwards casually saw the contents of these, but did not read them. [These two coloured letters were produced and identified.] When sheshowed them to me, I remarked that one of them appeared to be written in a hand more like a lady's than a gentleman's ; but.she replied they were both written by one person. [Upon some rule of evidence urged by the prisoner's counsel, which we neglected to note, the admission of this last an- swer was objected to, and the court ruled it out.] When she showed me the colored letters, she broke open an envelope in which they were sealed, and put the white one in with them. The day before her death I saw her with a pocket wallet; one of tho (.'ids came to borrow some money of her to buy an apron ef a pattern she had just seen; MariaCornell said I will have one too, and addressing me said, " and you have ono, for then we shall all have them alike.1' She said if I would wind a bundle of yarn for her lhat evening, she would make the aprons, which she said she should have time to do whilst her loom, which was out of order, was being repaired. Cross-examined.—I saw the string with which she was strangled ; I never saw a string of that size used for hanging up the harness ofthe looms. Direct resumed.—I know from observation, and her own communications to me that she was out. of health, and was so confidential as to tell me that her illness was of a kind that could afflict females offly. I knew that her periodical appea- rances were wanting, but did not infer her real situation ; I thought she had taken cold, and asked her why she did not take medicine, and she replied she had taken pills of Dr. Wil- bur. She afterwards said she had not been well since she she went to the Thompson Camp-meeting, and that something had occurred there to cause her ill health. She did not state what it was, but I began to have some doubts. Maria Cornell never went out evenings, except to meetings, whilst I knew her. [This young woman sustained this painful examination with an unaffected modesty and firmness combined, which won the re- spect of every one(wlio heard her.] After she had resumed her seat beside her mother, she re- plied to a qnestion of the counsel in the following words:] She said to me in reference lo the Thompson Camp Meeting, "I will never go there any more—I know some very disgusting things which took place there, between a minister and a church member, and that minister too a married man." "And now," said the witness, much affected, "you know as much about it as 1 do!" The Court then adjourned to Monday morning, having at the request of the Jury, consented that they should walk out during Sunday for exercise, if constantly accompanied by sworn offi- cers ; and the officers were sworn accordingly. 11 SEVENTH DAY, Monday, May \2th. J*. Harvey Harnden.—I live at Fall River; I was present at the examination ai Bristol, as one of the Committee appointed to investigate the circumstances attendant on ihe deaih of Sa- ab Maria Cornell. On the Saturday evening of ihe firslweek ofthe examination, I called at Itam Smith's store, requesting him .to lei me have what was remaining of a ream of leitei paper which had been in his store on the 8ih of December. I received this paper. (Produced.) There is more here than 1 received. I think I received nine half quires, and one whole one. At the time Smith handed me the paper, he had the half sheet I wanted in his hand. (Half sheet produced and identi- fied, by the pencil mark " half sheet," written on it.) I produ- ed it to the court at Bristol, and I there compared it with the other half sheet of paper, (Letter on half sheet produced.) I found ihem agree perfectly. I examined the pieces with a microscope. The fibres of ihe paper pass from one 'part to the other; in the water mark there is a very striking resemblance with the paper at Smith's. In some sheets there is no difference ; the water mark is only on one side of the sheet. The half sheet I produced in Bristol was left in court. I know this me- morandum^ produced, written "6 quires, 14 sheets and a half.") I arrested Mr. Avery after he left R.Island, in the town olRindge, N.Hampshire, just above the Massachusetts line,at the house of a gentleman named Mayo. (The witness sketched its style and appearnnce.) It was a large two story bouse. There were 6 p.ersons with me ; one of whom (Mr. Fo.ter) accompanied me into the house; the other five remained outside at 'different points. I went through the house into the room in which the family live. I would here remark that this room was in a porch built on the end of the house, instead of back as is usual; and that the front of the porch was parallel with the front of the main building, although thrown back perhaps six or eight feet, so as to give a window in ihe end of the mam building into the front room. There were two gentlemen and a lady sitting in the room. When I entered, 1 enquired for Captain Mayo : and, en one ofthe gentlemen declaring himself to be the same, I ask- ed if he knew a person of Ihe name Ephraim K.Avery. Hede nied anyknowledgeo* him, &.I then said Iraustsearch the house. At this moment the lady who sal in the room, and whom I af- terwards found to be Mrs. Mayo, got up, went out intoanoth- er room without alight, and closed the door after her. I very soon heard a person who came to the house with me, and whom I had told to be careful and see that no one left it, rap en the window with his fiaeers. I took ihe only light there was in the room, and passim? through the same door by which Mrs. Mayo had gone out, I found myself in a small room back of a ■Vonf room, with adoor opening into the same front room. I entered,and went thro' the front room into the front entry, and from thence up stairs. On arriving at the head of the stairs,! discovered the door opening into the chamber over the front room opposite to the one I have named, to be open. On looking in, I observed that there was a low fire on the hearth, and a light stand before it, with a candle on it, the wick of which was ignited as if it had that instant been blown out. I entered, but saw no person. I there saw a bed which had been tumbled, and found by placing my hand in it, that some one had recently left it. I then went in- to a bed room at the back of the chamber, and found no one there. I then returned into the front entry chamber, and there saw Mrs. Mayo standing in the other front chamber. I ihen went into that, while she passed me into ihe entry chamber. I searched that chamber, and then two smaller rooms at the back of it. After this I returned into the front entry chamber, and thence I went up the garret stairs. whi«h led from it. On entering upon the tlairs, I found there was a trap door over them at the garret floor; I turned it up, but to no purpose. I then returned to the entry chamber, and from thence into the chamber in which I first made search, but did not find Mr. Avery. [The witness entered into some further descriptions, and deposed.] On arriving again in the front entry below, 1 discovered that the door into the front room was not entirely closed, though I distinctly recollecied lhat when I passed up it was shut. I then placed my hand against the door, and found there was a gentle pressure on the other side, and in withdraw- ing my hand, the door would return gently to its former posi- tion. I opened the door with one hand, holding the candle in the other, and behind the door I discovered Mr. Avery.— He stood quite motionless, and, from his appearance, wa« more* agitated than any person I ever saw. He had on either a surtoul or pea-jacket and held in his left baud a cap, which I have no recollection of seeing afterwards • When he left the house, he had.on both a pea-jacket and surtout. S nee I had asl seen him, which was two weeks, he had let his beard grow. except on ihe front part of his face, (witness described,) whi< I veiy materially altered his appearance. 1 presented my hand to hun, and said, "Mr. Avery, how do you do?" He attemp- ted to speak, but his utterahce failed, t then took him by the hand and said, " do endeavor to suppress this agitation; you need fear no personal violence; you shall be kindly treated,*" and requested him to step into the entry where there was more air. He did so; and then said, 1 suppose vou cannot legally take me from this place without a precept from the Governor of New Hampshire. I replied I had not such a precept; but that I supposed I had a warrant sufficient for the purpose, which I procured from a Justice. He then stated lhat his coun- sel had told bim he could be taken from no State without an ap* plication to its Governor. I told hirn by a reference to the laws of New Hampshire, I found it otherwise; that if he would go into the other room I wou Id show him the precept; and that f I should fail of convincing him that the arrest was complete- ly legal, I would leave him and go without him. After some further conversation, the precept was read to him by Mr. Fos- ter, the deputy from Fitz William. Mr. Avery was satisfied of its legality, and said he would return with me to Bristol. I then mentioned to him that the precept directed the Sheriff to carry him before some Justice in that county for examination. To this he demurred, and wished the privilege of returning without that ceremony. I consented lhat it should be waived if he would sign a request to that effect, together wjih an agree- ment that he would hold the Deputy harmless for disobeying Ihe precept. He consented. We left Captain Mayo's be- tween eleven and twelve, and went up to the tavern in Rindge, where Mr. Avery shaved, having previously expressedfa wish to do so. His face then appeared as it had done at Bristol.— [This witness brought Mr. Avery te the line of Rhode Island, where he delivered him to the agent appointed to receive him by that State, on Friday, January 25th. Cross-examined—Heard the statement made by the priso- ner's counsel at Bristol, offering sureties for his appearance at the March term of the Superior Court of Rhode Island. [This witness was cross-examined at length as to the proceedings of the Committee of Vigilance at Fall River, as whose appointed agent he had acted in arresting Mr. Avery. 39. William ImwUss.—I live in the lower part of tho town of Bristol. On the morning of the 21st December, about a quarter of an hour before sun-rise, 1 saw Mr. Avery coming from the ferry, and walking northward. He had in his hand something about ten or fifteen inches long rolled up in a dark red colored handkerchief; " I undertook to overtake him.^br I was particularly acquainted with bim, and attended his meet- ing; I said it was a very windy morning, and asked him where he was from so early ; he said he had come from the Island, where he had been on business yesterday, but had been unable to get home last night on account ofthe wind. I did not agree with him as te the wind, but I did not eoniradict him. He did not say at whose house he had been en business. Not cross- examined. 40. Zeruiah Hambley.—I live at Tiverton, close by tha old meeting house at the corner ofthe lane that turns down to the shore. On the evening ofthe 20th oi December about halt past seven o'clock, I went down the lane and overtook a lady and gentleman, walkiugarm in arm,towards Mr. John Durfees, whose house stands on the main read. He was very tall; she v. as raihcr short, and had a cloak on ; but though I got closo to them I did not know them, nor did I observe what sort of coat the gentleman had on, but he had not a cloak on. They turned down close by our house. Not cross-examined. 41. Amy Durfee, who worked in the factory with the deceas- ed, corroborated the testimony of Lucy Hathaway (No. 37) relative to the preparations made by the deceased before sho left the mill on the 20th December; and identified the letters and comb before produced, as those which she had sren in her possession. 42. Nancy Gla.dding.-l reside at Bristol, and am well acquainted with Mr. Avery. On the Tuesday of the week m which Sarah Maria Cornell was found dead, I invited Mr. and Mrs. Avery lo spend the afternoon at my house on the follow- ing Thursday. He said " we will accept for Friday, for on Thursday we canno' so well come," but hi did not say why he could not come on Thursday. They bad a child which had been sick, and Mrs. Avery, who was herself unwell, said she could not go ; but he replied she roust make lhat visit, and ac- cordingly they came on Friday afternoon between three and four o'clock. Cross-examined.—There was nothing unusual or peculiar in Mr. Avery's manner lhat evening; he was as cheerful and -ocial as usual, made a prayer before he went, and his whole deportment was that of a christian and a gemieman. 12 43. Rebecca Dimond.—In the month of November last, I lived with my sister at Bristol, in the upper part of the house, occupied by Mr. Avery and JAfamily. I know Betsey Hills ; she came into the town wiirTthem, and stayed until the early part of the fall; she was not there when Mnria Cornell was hung. I do not remember exactly how long she had been gone, but I do not recollect seeing her there after the Thompson Camp Meetin 4. Mr. Avery's usual outside clothing was a dark sour- lout coat; he had but one cloak, which was a dark camblet one; the suitout is the one which he has on now ; I saw the Cloak-in the house when he was absent on the 20th December, and the day following, when he went to Mrs. Gladdings, he did not wear it. I was at home on the morning of the 21 st when he returned, but I did not hear him say where he had been, and whilst I was with him and Mrs. Avery at Mrs. Gladding's, I did not hear any allusion to his absence from home the pre ceding night. Cross-examined. -I never saw him with any other outside garment than the sourtout he has on bow, except his cloak, which he wore occasionally, and at funerals. He was in the habit of praying with his family after breakfast, and did so on the morning ofthe 21st. I saw nothing unusual in his manner. 1 think I can say he lived in harmony with his family, and so far as I know myself, he was a kind father and husband. 44. Sylvester Lusher.—I saw Mr. Ayery one morning fbc- fore sun-rise, coming from the south part of the town of Bri» tot, wearing his surtout, and with a red handkerchief in his] ral persons write behind the counter hand; I just exchanged the morning ceremony with bim, but 11 and tore a sheet of paper in half. am not certain it was on Friday, the 21st December, though I am inclined to think it was between the day on which she was killed and the one on which we heard of it. Some ladies came and told us the news on Saturday evening. Not cross-exa- mined. 45. Iram Smith.—I resided at Fall River in Decmber last. I know Mr. Avery and Mr. Bidwell; on the 6th of that month they came into my store about 10 o'clock in the morning.—I think I recollect Mr. Avery's asking for some letter paper, and believe he got it himself. I am not positive that I saw him write, but if lie did it was at the desk; I have some recollection of seeing him at the desk behind the counter, but I will not swear it. He asked me for a wafer, and not having any, 1 got one at the next door of George Barry's wife ; I think'itwas a common evidently great reluctance.]—Recess till 3 P.M. 46. Cttprge Gifford.—1 was at work across the boom of mv craft on the 2Pih December last, hauling off the sail, when I saw a man step out of the Fall River ferry boat and walk off east.—If tho prisoner is the man he can tell which way he weal. Cross-examined.—I don't know whether it was a man or a woman, but it had not a woman's clothes on. 47. Walter D. Briggs, son of Lemuel W. Briggs, (No. 4) the Postmaster of Bristol, corroborated his father's tcsiimony. 4S. Jeremiah Howland.—I know Mr. Avery; I saw him come into Iram Smith's store on the 8th of December with Mr. Bidwell. I saw him with writing paper in his hand, but did not notice whether he wrote, nor in what part of the stere he was at the time. I am certain I heard him ask for paper, but do not remember whether he stated the purpose for which he wanted it. I don't recollect whether he took the naper himself or had it handed to him; it was not a whole sheet, however, whieh I saw in his hand. There was some talk about writing a letter to the editor of the " Village Recorder," and Mr. Avery said he would write one, but also said he should not have time to write itthere. He was there waiting for the Bristol stage, but whether he or Mr. Bidwell went out first I did not observe.— He turned to the left when he went out, which is the way to the Postoffice and the stage office. Cross-examined.—I have frequently been in Iram Smith's store when many others have been there, and have seen seve- I never went behind it 49. Stephen BeartletL—I drive a stage from Bristol to New Bedford. I am well acquainted with Mr. Avery. I carried him to Fall River on the 8th of December last. He got out at Lawton's where the stage always stops, and when I passed on, I-saw him near the gate ofthe Postoffice. Mr. Avery frequently came to our stables when he was going away, and seemed par- ticularly fond of horses, more so than most men. He some times drove my stage considerable distance ; and seemed fond of driving. I had previously carried him five or six limes, and recollect his going to the four-days meeting at Providence. He called on me at Bristol on Sunday, the 23d December, and de- sired me to call on Mr. Bidwell at Fall River, and ask him whether it would not be advisable to go to Lowell and obtain information respecting the bad character ofthe girl. I did not red wafer. I did not charge my mind with these circumstances, 1 know at this time that Mr. Avery had been suspected of her and did not think of them until twenty days afterwards when this event became talked of. The writing paper now produced appears to be the same I had in my store at that time; its wa- ter mark is the same; I delivered this to Col. Harnden. I know this half sheet [produced]. I was counting tho quires at the request of Col. Harnden to see how much I delivered to him, and discovered this half sheet in about the middle ofthe half ream; I compared it with a letter written on another half sheet and it agreed well; there was no want of fitting in the rough edges, and they appeared to have been torn from each other; Col. Harnden wrote. " half sheet" upon it in pencil; I wrote my name on it at Bristol that I might know it again.—I bought this half ream of paper of a pedlar. There was some- thing said about the time at which the stage passed, and it passed by my store, going west whilst Mr. Avery was there.— I did not observe which way he went when he left, nor at what time ; but I think Mr. Bidwell, the minister of Fall River left first. There was 'something said about writing a letter to the editor of the " Village Recorder," concerning an article whii.h had appeared in that paper, but I think Mr. Avery said he should write it at home; I know Mr. Avery well, and was a member of his church. [The white letter found in her box, dated December the 8th, was produced and identified as the one which witness had compared with the half sheet at the Bristol Examination.] Cross-examined.—The pedlar of whom I bought the paper, called again and asked me to count it, saying he had sold me too much, and I found half a quire above the quantity I had paid for. I will not swear from my own memory that I got the wafer for Mr. Avery, or whether he took away a sheet or half sheet which he had written on. I do not recollect tearing a sheet of paper in halves between the 8th of December and the time this half sheet was given to Col. Harnden. I don't think I put this half shtet between the quires myself, it would not have been according to rny habit of business. The paper was kept at the back of ihe desk, and many persons might have had access to it; I am not constantly in the store, I some times leave three or four times a clay. I had a man with rac about that time, who attended the store. I will not be po sitive that the day on which I got the wafer of Mrs. Barry w*s the one on which Mr. Avery was in my *tore. Other persons have written at the desk occasionally ; / could name several ; Mr. Simmons for instance. Directrttumed.—No person can reach the paper without going behind tho counter. [This witness gave his testimony with murder, but snppossd he merely referred to the suspicion of his being the father ofthe child. He made this request about nine or ten o'clock on the Sunday morning after her death. I know Mr. Avery very intimately; we were frequently together, and I have often visited at his house. Cross-examined—I did not suspect him of alluding to her murder when he wished me to advise with Mr. Bidwell. Ho said the deceased was a loose bad girl and that it was impor- tant he should obtain evidence to rebut the charges which might be brought against him. He said she had a revenge against him for expelling her from the church at Lowell, and had laid this trap fiJr him. I don't recollect to have seen Mr. Avery at Bristol on the 20th December. I told Dr. Wilbor I had seen him, but I don't exaetly remember whether I did see him or not. 50. John Oyswell.—I was the engineer of the steamboat Kins Philip, in November last, running from Fall River to Providence. She went Mondays, Wednesdays and Fridays; and returned from Proidcueo, Tuesdays, Thursdays and Satur- days. [The Attorney General handed bim a letter written on pink paper ] I have *ccn this letter before, first in Providence in the hands of a gentleman who afterwards proved to be Mr. Avery, the prisoner. After breakfast, between 8 and 9 o'clock, he came down the gangway plank, and asked me if I would be so kind as to take a letter for him to Fall River. I told him he could put it into the letterbox, but he said he did not want it to go so, he wanted it delivered as soon as the boat got in. I told him I did not carry any letters myself, and that the hands were not allowed to carry any, but he said it would do him a great favor if I would carry it, and I therefore look it, and nine pence (12J cents) which he gave mo with it. When I came to Fall River, I inquired of several persons where the person ofthe name of Cole, at whose house it was directed to be left, resided, and m soon as I had ascertained, I carried it and de- ivered it to him. The person of whom I had received it wore a cloak, and a broad brim black hat; but I did not particularly notice his clothing. After the death of Sarah M. Cornell, be- came known, Mr. Cole spoke to me about the letter which I had brought for her to his house, and asked me if I knqw the person who gave it me; I told him I did not know him by name, but that I should know him personally if I saw him again, and on Christmas day, when the boat came into Bristol, I wont to Mr. Paul, the deputy sheriff, and asked pi rmission 10 see Mr. Aveny. I accordingly went with Mr. Paul, and when I entered the room which was up stairs, I saw three or 13 four gentlemen sitting, and expected to find Mr. Avory, but could not see him among them. Mr. Paul, however, went for him and I recognized him the moment he entered the room.— [ recognized him by the notice I took ofthe features of his face when he was pursuading me to take the letter. Mr. Paul said this is the engineer who is supposed to have carried a letter from you to tbe deceased. Mr. Avery advanced and shook hands with me, and asked me if I had carried a letter for him : I said I had never said so, but that I had come to satisfy my curiosity as to his being the person who did give me the letter. He asked me whether I had any reason to suppose he was the man, I replied again I had never said so. He asked me how he was dressed, and I repeated he had on a cloak ; he then asked if I could swear he was the man, and I told him I had never said I would; he then said it would give him and his friends great satisfaction to know whether I would swear in Court he was the man or not. I said in reply, that if it would give any satisfaction to him or them, I would there say what 1 should probably swear, that to the best of my recollection and judg- ment he wus the. man. Mr. Avery then asked me if he had glasses on when he gave me the letter, and I said no. He then inquired of the gentlemen in the room whether they had ever seen him out of doors without spectacles on, and they said no. He went into another room and returned with glasses on, and asked me if he looked like the man, and I told him his glasses did not alter the features of his face a bit. Shortly afterwards I went away with Mr. Paul. There is no doubt on my mind as to his being the man. Cross-examined.—I don't know that any person went with me and Mr. Paul to Mr. Avery's except Mr. Durfee, and he went by without entering. I did not know any of the persons who were present. To tho best of my recollection he gave me the letter about 9 o'clock or a little past; we had finished breakfast and began to fire up a little to raise the steam. I don't think there were any passengers then on board; we re- gularly start at 10 o'clock without variation. I recollect hearing some person say there was then a four-days meeting in Providence,. I was at the Bristol Examination and stated the steam had began to rise as I observed it had after I had taken the letter; we beg;in to light the fires about half past 8 o'clock, when we started at 10 ; but whether it had rose considerably or not I cannot say. Before I saw the letter again I said there would probably be marks of grease and sweat about it, for my hands were dirty at the time with fixing the works, and I think the l.-tter shows it now. [These marks are quite apparent on the letter.] I don't think he had any shirt collar above his neckerchief. By his .conversation and the delicacy of his hand, I supposed he was a minister at the time, and I stated so to Tompkins soon after we started; he looked very snug about bis dress, and there was also something in his manner which led me to think so. I told Avery that to the best of iny know- ledge and belief he was the man. There was a person on board the boat that morning with a horse, but I believe he was forward when Avery gave me the letter. I never said to Mr. Page or any one else, lhat Avery was not ihe man. I did not see any crowd about his house when I went to see him ; there may have been some men and boys standing; in the lane near the house, but there was no crowd when I came in or went out. I never talked about Avery's having a resemblance to the man who gave mo the letter; I never said I was not confident enough to swear he was the man. Direct resumed.—I don't know who the man was on board with the horse, though I have seen him on board since ; he was at that timv making a preparation for his horse before he brought him en board. 51. Elijah Cole.—I have resided at Fall River a year last March. In November last, I received from Mr. John Orswell, the last witness, a letter directed to Sarah Maria Cornell, " Tu be left at Mrs. Coles ." I put it in the window; and when my daughter came in, desired her to take it to the deceased. She boarded at my house eight weeks and four days. No men ever visited her at my house/to my knowledge. Before she left I certainly mistrusted her situation. Her temperament and spirits wore more irregular than those of the members of my (family in general; and she sometimes appeared lost in thought I Cross-examined.—She sometimes went out evenings to meetings. She was introduced to my family by Rath Lawtonj; :she was I believe a church member, at least she was considered as such. I 52. Betsey E. Cole—I am the daughter of Elijah Cole, the last witness; I remember that my father brought in a letter on the 29th November last, directed to Sarah Maria Cornell, and desired me to give it to her. She had retired to her room, and I knocked, but she did not answer, and I delivered it to her tho .next morning. I saw the lettor afterwards, and discovered she had three others. She was often gloomy and sad, and of late had seldom been cheerful. She was never out evenings except twice a week to go to her usual meetings. 53. John I. Paine.—I reside at Providence, and knew Sarah Mariah Cornell; I first knew her in May last, when she was with her brother-in-law, Mr. Grindall Rawson. I was at the Thompson Camp Meeting in August last, and at the request of Mr. Rawson and herself, I took Maria Cornell with me in a chaise ; she had been disappointed of the conveyance in which she expected to have gone with her sister and family. When we came to the camp ground, I took her trunk for her to the house of Mr. Elliott, about a quarter of a mile from the ground, at her request, and saw no more of her during the meeting.— She did not return with me. I saw nothing in her conduct im- proper or unbecoming in any respect. I did not see Mr. Avery there. Cross-examined.—She was employed by her brother as a tailoress, and I became acquainted with her in the shop where I had clothes made during that summer. I was not particularly acquainted with her; not more so than other persons who came to the shop. I then lived at Woodstock, with my brother on a farm belonging to my father, about a mile and a half from Mr. Raw- son's. I am not amethodistthoughl was educated at amethedist school. I believe I wore at the Camp Meeting a blue coat, and probably light check pantaloons, but I cannot remember whether I had on a straw hat or a black beaver one, but it may have been my straw'hat bound with green. I cannot design nate any persons whom 1 heard preach there, for I did not knov them. My object in going to this meeting was to hear and se as ethers did. I did not observe Sarah Maria Cornell in cot pany with any young man during the meeting. Her deport- ment whenever I saw her at home ' 'ht; pns«ner, whether he d.dlground—1st, That lliere was nothing more lhan vague suspicion o connect it with prisoner in any way—no evidence thai he vrote 11, nor, as in the case ofthe other letter, lhat he delivered write it or not; but as a letter delivered by hi in to another per son, by a second person to a third, and by the third to ihe de- Cf**u l8"'......'" " werc a leller witlen In cyphei, or hiero- glyphic characters—as in Lie treason case of Burr, where a dunghill fowl was used to designate the President of Ihe Umi^d Stales,—would u be pretended that we had not a right to offer it as adocument pos.ibly illustrative of the case which we had traced from the possession of one person to another?— Suppose it had been a bundle of clothes, even, given lo Caswell by the prisoner to deliver to ihe deceased, do the counsel mean to say we could not submit thai bundle to the jury for their ex- amination? If the prisoner be innocent he can explain the matter, and dispel every snade of mysteiym which it is involv- ed. We offer the letter, therefore, independently of any ques- tion© handwriting, as a link in the chain of our tesiimony, and the prisoner will be entitled to the benefit of any doubl which may arise in .he minds of the jury respecting il. The Attorney General followed to the same effect,saying be did not offer the letter as one written by Ephraim K. Avery, but as one which had been traced from his possession to lhat of the deceased, and which should be admitted if it were merely in reference to the question of suicide. Hon. J. Mason—If it please the court it is necessary to a- bide by the rules of evidence in every cese ; in criminal cases more especially; and, in a case like the present, which has created extraordinary excitement, the necessity is yei more en- hanced. The counsel for the government say this is not a ques- tion of hand writing ; but it is virtually so if they go to the con- tents ofthe letter; they assume what ihey should prove, namely the prisoner's privity to the contents ofthe letter. But how can ihey prove this, the letter having been delivered sealed and no al- lusion having been made by him to its contents ? It was not a letter found in his possession, for all lhat the tesiimony goes to prove is, that it was a letter which he delivered scaled. Hun- dreds of letters are daily delivered in this manner; and how dangertus, therefore, would it be to infer a privity to tbe con- tents of this one, merely from such a fact. No principle could be more dangerous. If Orswell himself were on trial this letter would asply equally to him as to the prisoner. Attorney General.—I admit that it would so apply; and contend that it would justly apply to every case under similar circumstances. The Court having consulted sometime, the Chief Justice ■aid—The Court has given the question their besi consideration, and are of opinion that inasmuch as the letter has been traced directly from the prisoner to the deceased, it is material evi- dence, and as such, ought to go to the. jury. We do not con- sider that it goes te them as conclusive evidence that the pri- soner wrote it or was priviy to its contents, for this is a ques- tion for their own consideration, and one from which they must draw their own inferences. The Hon. Dutee J. Pierce then read the pink coloured letter to the jury. It is addressed "Miss Sarah M. Cornell, Fall River, Mass. to be left at Mrs. Cole's." We give it verbatim tt literatim, as in the original. Providence Nov. 1831. Dear Sister—I received your letter in due reason and should have answered it before now but I thought I would wait till this opportunity—as 1 told you i am willing to helpyouand doforyou as circumstances are i should rather you would tome tothis'place vis. Bristol in the stage the 18th of Dec. and slop at the Hotel and stay till 6 in the evening and then go up directly across the main street to the brick building near the stone meeting house where I will meet you and talk with you—when you slop at the tavern either inquire for work or go out to the street in pretence of looking for seme or something and i may see you say nothing about me or my family should it storm on the 18th come the 20th if you cannot come and it will be more convenient to meei meat themethodist meetinghouse in sunimersett just over the ferry on either of the above ev'gs I will meet you there at Iht same time or if you cannot do cither i will come to fall river on one of the above evenings when there will bo the least passing i should think before the mills slop work this I leave with you if i como i will come if it does not storm very hard if it does the first ill come the second write mo s'oon and tell me which— when you write direct your letters to Betsey Hills Bristol and not as you have to me remember this your last letter i am afraid was broken open were your calash and not your plain bonnet, you can send your letter by mail. S.M.C. Yours &c. B. H. let me still enjoin the secret keep the letters in your bosons or barn them up it, or even ever saw il. 2d, Thai it was improper to lei any document, thus without proof (bat it attached in an\ way to the prisoner, go to the jury for them lo draw a posMkle infer- ence thai it did attach to him. lis admission v\as contended for upon the principle that the proof of its connexion wiih the prisoner differed from that acl- luced for the admission of tbe firmer letter only in kind; it was • here personal, here circumstantial; it hears ihe date of ihe very day on which, and purports te be written from the very place where the prisoner was seen writing,—and where another half sheet was found so exactly corresponding with H thai the scrutiny of a microscope only *ervcd lo demonstrate their origi- nal connexion. The Counsel argued these and other collalteral points, at great length, and with some warmth of feeling ; and the Court reserved the question until after the dinner recess, when the following leiter, which is supposed to have been written in Iram Smith's store, was admitted by the Court in evidence. Ftill River, Dec. 8. I will be here on the 20th if pleasant at the place, named at 6 o'clock if not pleasant the next Monday eve say nothing— 56. The next witness called was John Boyd. I reside at Portsmouth, and two or three days after the examination at Bristol, 1 had a conversation with Mr. Avery as to where he had been on the 20lh of December. He said "1 crossed over the ferry, went direct up the road and got oyer the wall near ihe mill. I cannot exactly say whither it was on this side or a little beyond. I steered off in a southwestwardly direction, I think till I came to a brook or rivulet, near which 1 saw a man witha gun." I think he said he had a conversation with this man, but I am not certain ; he gave some description of the man's dress, and said his hat was dented in the front part.— He then said " I passed on and came out between two houses near the ruins ; from whence I passed on till I came lo a gate painted while, or whitewashed, I went through the gale and pursued a southerly direction till I caine to a lot where there were some sheep; and near by this lot I saw a boy:" It is my impession that he said he had conversed also with the boy.— " Then (said he) I passed on over another brook or rivulet to the westward of Freeborn's house. When I was some way to the southward of it I observed how the time of day went, and saw that the sun was about half an hour high, and I then con- cluded to go to Sister Wilcox's ; I steered in a southeasterly direction, passed a bridle path, and some old rivulets, when I at length came out near the Union Meeting-house." I don't recollect his saying any more about Sister Wilcox's. He men- tioned something about shaping his course back to Bristol Ferry. I do not remember any observation he made till he was on the meeting-house hill, when he said he saw some sparks flying out of a building which he took to be William J. Cook's blacksmith's shop ; but he did net say what road he took. He did not state that he stopped at any house ; nor did he say that he conversed with any one on the road, except the boy, and the man with the gun. I cannot fix the day on which this conversation occurred. The distance from the Bristol Ferry to the Union Meeting-house by the route Mr. Avery described is, to the best of my knowledge, nearly eight miles; but by the travell'd road I should not think il is more than six. I went and tracedthe route he described as far as Freeborn's, and found the marks he described, but I was so well acquainted with the route that I knew them as well before as after. "From Oliver Brownell's you can see the gate and all about. I went the route ai the request of Mr. Norris, who made it in the pre- sence of Mr. Avery, at his house. No one was present at the Tonvuraation I had with Mr. Avery. 57. Abner Tollman—On the 20ih of December last, I start- ed in a waggon from this town (Newport,) a little after sunset, and wept so far as Coggeshals on the east road. I came out on ihe main road to the Union meeting house, on the south road, md stopped at Richard Sherman's. The distance between the meeting house and Sherman's is 20 or 30 rods. I stayed there ibout5 minutes, and then went home. I saw no person between the main road and the meetinghouse; it was about 8 o'clock P. M. when I passed this road. Cross-examined—It was about 8 o'clock when I got home. 58. Abby A. Earle—I reside at Portsmouth, a short'distance from the ferry, between it and the mill. I was at home on tho ifternoon of the 20lh Dec. and saw the ferry boat crossing a- iout 2 o'clock. I was watching the ferry from 12 o'clock ill nearly 3 for an opportunity to send a billet across,audi saw Vneither Mr. Avery nor any other person who may have crossed L5 during that time pass by our house. I was not absent from the room more than five or ten minutes during that time. I went to Mr. Gifford and remarked to him that I dad no chance ofsend- it. Wh«n I left the house I went out of doors te look. Cross-examined—Toe billet I wished to send was directed to Win. Pearce, and it was of greal imporiatice tha' he shoulo receive it that day, which made me wan h so long for an oppor- tunity lo send it. I had no time-piece to ascertain the time, but I knew it from (he passing of ihe stage, and from having been informed of it ai John Pecham's. 59. Margaret B. Hambly—Hived a' Lawton's hotel, in Fall River, on the 20th Dec. last, and on that evening three gentle- men supped there. One of them supped alone. He had on a surlwiil coat and cap, and I brought hun a glass of brandy from the bar. He wasahout as tall as ihe prisoner: he was like iht. prisoner, and rescmb'ed him in every feature. I thought I had seen hint before, at New Bedford, and at Fill River in the Methodist meenng house in the puipu, and although I did noi thon recollect where I had s'ien him, I knew he was a minister whom I had «een before. Cross-examined—I saw Mr. Avery in the court at Bristol, but I did noi know him then, and pointed out another person for him. I did not know hun when I afierwards saw him until he was pointed out'to me, in this town near the jail. I believe, but lam not «iire, that he is ilie same man I have heard prtarb at the meeting house in Fall River. He drank the brandy I brought him without any water; it was about half a gla-sfuil. 60. Baili/ Burden—I lived at Fall River on the 20th Dec, when Sarah M. Cornell was hun;,'. I was there during ihe camp meeting on the 20ih October ; I met a gentleman and a lady between the hours of nine and ten, on my return from Tiv- erton, he was lall, and wore a cloak ; I saw them comms up a street callod Spru.g stree.t, and turn round the corner. He had on a black hat wuh abroad brim ; the couple went on together as far as I could see them. Cross-examined.—I should judge the time to have been half past nine. When I passed I was very close to them, but took no particular notice. 61. Mary D. Burden.—I recollect on Saturday evening, the 20th Oct. I went lo my husband's sister's to spend the evening, and on retnrning with.him about half past nine o'clock, I met a couple, a man and woman ; she looked up full in my face, and I knew her. She was Sarah M. Cornell ; I had known her before, though not intimately ; the man was tall, dressed in a broad brimmed hat and a dark cloak. I turned round lo look at them, for he was in earnest convei-sation with her, and I wish- ed to see how far they were going together ; bui my husband bid me come on. Cross-examined.—Hooked at her earnestly, because I wished to bo certain who she was. She had dark hair, black eyes, and rather a dark complexion. I have never seen her since, except when she was dead, but I knew her to be the same. 62. Lucy Spink.—I lived at Fall Ruer on the 20th October last, and Mr. Avery preached there on Saturday, at the Camp meeting, in the house in which I lived. Afterwards he came out of the door where I was standing, and saw a rather short young woman near. He spoke to her, as I think, for he stooped over her, as though he was looking at her, and they walked oft together into the street, but wherekthey went I don't know. He went out of the bouse before the rest—he was the first who went out. which made me observe hirx. Cross-examined.—I did not hear any conversation between them ; I don't know what text Mr. Avery took ; nor what lime the meeting closed, but I know it was a short meeting, and noi expected to be over so soon. I don't recollect the subject of his sermon ; but I know he mentioned something about the place where ho was bom, and that he came from respectable parents. I think he said his native place was about 200 miles hence. 63. Grindall Rawson: I am a tailor, and have lived at Woodstock one year and a half; my wife was the 6ister of Sa- rah Maria Cornell. The latter came to my house on the first of June last on a visit, and a few weeks afierwards she worked at the tailoring business. I saw her at the Thompson camp meeting. I sent my apprentice, B. F. Saunders, to bring her home. I saw her at various places with her sisier,.viz: at the Muddy Brook tent, and ai the preaching stand. She went to the meeting with Mr. Paine, because 1 could not find a convey- ance for her a« I expected. Mr. Cornell, our minister, had of- fered to take her and bring her back, but I thought this uncer- tain, and meeting Mr. Paine, he said he thought he could take her, if I wished. Before she l< ft us, she told my wife and me the situation she feared she was in, for she said she knew what had taken place. She told us this, a few days before I left Woodstock. Crots-examined: I spoke to Mr. Cornell, the Minister of tho Presbyterian Church at Woodstock, for his advice, for Ij felt it my duty, if that was her ^-ituation, to do something for her ; but he could not advise me, and I consulted Mr. McLel- lan, the Lawyer, who advised lhat she should be removed to Rhode Island, because the laws of that state were more favora- ble to a female in her situation than the laws of Massachusetts. She staled to Mrs. Rawson and myself lhat one day during ihe camp meenng on the ground, Mr. Avery cano- up to her and addressing her, said "I should like to see you Maria, and talk with you, and said I will mesl you this evening, when ihe horn blows for preaching'." But when we came to the house, he said, '•" there is no room for us there, and we cannot have any talk there, go on further ;'J and he afterwards met her by coining another way, and after they had got into ihe woods he asked her lo lake her glasses off, which s'.e did; and af'rr goini! fur- ther, to sit down, which she did. Sic then said she a>ked him whether he had burned ihose Liters. He said "No, but thert is one condition on which I will burn them, and settle ihe diffi- culty." That lie then look hold of her hand, and placed his in her bosom ; she said she tried to get from him, but could not ; lhat he then had a connexion with her,and on their way back to the camp ground, he told her he would burn the letter* he had in Bristol. This she said was on Thursday. 1 don't know what day of the month this was, bui I ihink the meeting com- menced on the 29. h of August. I never knew Mr. Paine to "ome to my shop except on business, and don't know lhat he was more acquainted with her than any other customer. 1 don't recollect that she-aid she had seen Mr. Avery after she came to my house until she saw him at the camp meeting. I have known her about eleven years. I bel eve she >'ame from Themp/'-'ii to Providence. She was a tailoress,and served her lime ai Norwich. 1 never paid my addresses to her, nor pro- mised to marry her; 1 never thought of it, for I was engaged to her sister, my presenl wife. We always called her Maria, but her mother said her name was Sarah (or Sally) Marm. 1 have no distinct recollection thai 1 said any thing to Mr. B'iyd about Maria. Mr. Boyd has told me thai I said she is a poor unfortunate girl, speaking compassionately of her; bui I have no recollection thai I did say so, though J talked with him on other subjects. I never knew that«he ever at empted suicide, or had any disposition to do so. Direct resumed: I have heard her speak of Sir. Avery af- ter the camp meeting, but not even then with decided reproach, for she seemed to have a respect for him. We received a letter from her afler she left Woodstock, and this one (produced) is the same. Il relates to the subject of our conversation wilh her, and we received another letter from her on lh« subject. She made her first statement to us with apparent reluctance—I first heard it from my wife, who awoke me and said Maria had get into trouble; we afterwards all three conversed upon the subject together, and she directly said that iherintercourse had been with Mr. Avery. I, never knew her to have any man whilst she was in my Iwuse. I declare upon my uath lhat she never had a connexion with me. I cannot tell >he lime nor the day of the week when these communications were first made. 64. Benjamin F. Saunders.—I was an apprentice ofthe last witness, knew Sarah M. Cornell, saw her at the camp meet- in?, and brought her home. I was sent for her by Mr. Rawson, I was at the meeting abqfit an hour; she was by the stand when 1 came. I knew her to have written letters prior to the Thomp- son camp-mceling,and that two of ihem were directed to Bris- tol. I never had myself, nor ever knew any other person to have an illicit intercourse with the deceased. 65. Nancy Bidwell—Is the wife of Rev. Mr. Bidwell of Fall River. On ihe Saturday ni^ht ofthe camp meeting Mr.A"ury slept at our house—he came in about half past nine, which is rather later than it is usual for ministers to return. I went to Mr. Green's and asked him if he had seen Mr. Avery ; he said he had last seen him going up the street. When Mr. Avery came in he said he had been up to Mr. Warren's stable, which made him so late; it was from him I learned the time, for he looked at his watch and said it was half past nine o'clock. Croats-examined.—Warren's stable was in an opposite di- rection lo the place of meeting from our hous«. Mr. Green said he thought it likely some one had invited Mr. Avery home. The ni?ht was cloudy. 66. Sarah M. Jones.—I resided at Portsmouth on 20th De- cember last. I saw antranger on the forenoon of that day pass our house who was like Mr. Avery. I had soinn conversation wilh him in his house at Bristol, on the subject; he asked me about the appearance of the man, and the direction he took. He told me not to repeat in court lhat he had inquired of me ; lull to keep it quite secret. Mr. Bullock was present at this conversation, and marked out the road I described on the floor, wilh chalk ; and afterwards in the entry he said Mr. Avery's life was worth thousands of worlds and depended ou the testimony he could produce. 16 Cross-examined.—Mrs. Avery and a young lady were pre- sent at the former conversation. The strangor that I saw- passed through the gate whilst my father was at the mill with grist, which I believe was between 11 and 12 o'clock. Mr. Bul- lock chalked out the road I mentioned on the kitchen floor. Mr. Bullock did not stay to tea at Mr. Avery's; there wore only himself, his wife, mys*!f, the young woman, and the chil- dren there. I was summoned here as a witness for Mr. Avery • I have changed my boarding-houso in consequence of some Methodist, persons there having as much as said that I had sworn false at the last'examination. In appearing here for tho prosecution, I have acted voluntarily; I have not been spoken to by any person whatever te depose <>n tnis aide; but the Methodist people had been asking me why I could not say lesaw the stranger pass through the gate in the afternoon, and as cer- tain ho did as in the forenoon, which I could not. Adjourned to Wednesday. NIIST2E DAY. Wednesday, Ma» 15. 67. Philip R. Bennct.—l reside at Fall River. On Monday las', I walked from Mr. John Durfee's stack y^ard to the Uristol Ferry, in order to ascertain in how short a time ihe distance could be conveniently passed on foot. I started at 16 minutes past one, and arrived at Mr. Gilford's at 15 minutes before three, being one hour and twenty-nine minutes. I carried my watch with me. Benjamin Manchester walked wilh me ; the wind blew pretty slrongly ahead from the south, indeed it blew very fresh ; some parts ofthe distance where the land lay on a des- cent we trotted , but I did not at all fatigue myself. We fol- lowed the road until we got over the ferry neck, then passed into the fields, and came out at the bars, just south of Gilford's house. Not knowing our way across the tields, we did not fol- low the nearest tract, but got a little out of our way into a bog- gy place. On S iturd*.y evenings the bells at Fall River ring" earlier than on other evenings; in the month of December they usually ring at a quarter before eight. No bell rings at nine ; the factory bell strikes nine. Cross-examined at immense length, upon the number of di'Torent tones and times of ringing the various factory and meet- ing house belli at Fall River, but without any apparent object or r• ■ su'■ r. Witness then proceeded to say—my motive in start- ing from the stack yard to Fall River, was to ascertain how long* it would lake to walk the distance, because a dispute had an^n on the point in reference to this trial. Somebody said '■Evporientia docet"; I said so loo, and was then asked if I would go. Cook first proposed to go with me, and afterwards Benjamin Manchester, but he could not conveniently that after- noon. Dr. Hooper afterwards wished us to go, .and said he would get a purse made up to remunerate us for our trouble.— It was proposed that we should go as quick a^ we could, but I woul i not consent to it, but said 1 would walk it. comfortably.— The coMiiihiration of a reward had no price:, for I felt an inte- rest in common with others to ascertain the fact in question.— I was not much fatigued though we trolled perhaps half the way, and I took off my coat to make myself comfortable. There was aboui threedollars given to us, and I had half. Dr. Hoop- er asked rne if I ooald have come sooner if the weather had bcru favorable, and I said I could. i'i. George Duoal.—l live at Full'River and did so in Oct. last. Mr. Spink lives on the same block. Elder Avery preach- ed at my house on ihe evening of the 20lh of that mom h, which was the last evening ofthe four-days Fall River meeting. I Kiidurslood it was Elder Avery who preached, but I never heard him preach before, and I am not certain whether it was he . . Cross-examined.—I do not know at what time the meeting began, but it ended between eight and nine; perhaps earlier. I am not certain whether he preached or " improved," for I do not. recollect wheth'-r he took a text or not. By "unproved" I Hienn exhorted, expounded. Grindall Rawson, (No. 63) recalled.—I know the hand- writing of Sara'i Maria Cornell, the deceased; this note iu pencil [produced) 1 believe to be in her hand-writing, but I can not say posively. Cross-cca.nined.—I think I saw her write during her ttay at my hons^ last s innncr, but 1 will not say it was with a pen.— I correct myself, I did sfn her write with a pen on some mea- sures in my shop; she vrrote the words "wzist" and " breast' upon si>:«e of the measures. I have several other times seen her wilh pen arid paper, when 1 supposed she was writing. The words I have mentioned were written on cartridge paper, of which Ihe incisures were nude, on which I had been tcachignj her the rules of cutting. IMiave no recollection that I ever sawl her write with a pencil. These two word «, togetiier with the writing in letters- which I have received from her: and her writing in my account books, enable me to know her hand. She his directed let tors la me, as to her other friends; and 1' have replied to tan ra. I think I wrote one letter to her,directed lo Lowe!!. This was, I think, live or six years ago, but whe- ther I received an answer I do not recollect. Q. Did you ever become bound for Sarah Maria Cornell wh.-n she was under a charge of theft. ' A:is. No,I never did. I have received a number of letters from her directed to mt on the outside, but inside to my wife her sister, or to her family in general. There was one which she wrote to me from Fall River, and ono or two at least from Taun- ton. Chief Justice.—Do you say under oath.that you bolitve that slip of paper to be in her hand-writing. Ans. I do. Attorney General.—If it please the Court, I propose that this pencil writing, together with a letter found in ihe possess- ion ofthe deceased, which is postmarked " Warren, R. I."and addressed to "Miss Sarah Maria Cornell, Fall River, Mass." be now read to the jury : the letter is the one on yellow paper, and bears date the 13th November, 183'!. Mr. Randolph and the Hon. J. Mason objected, and after an argument in which the counsel were heard respectively at considerable length, the Court decided that the tetter did not Gome within the principle upon which the other letters had been admitted, and therefore ruled it out. Tho slip of paper, however, the handwriting of which had been proved to be that ofthe deceased, was further evidence as to the state of her mind, and might therefore go to the jury for this purpose; but it could not go to them as evidenceupqn the question of murder so far as that question involved any act of the prisoner at tho bar. The slip of paper was then read; it was the paper found in the bandbox ofthe deceased, written in pencil, and near the pencil with which it had probably been written. " // / am missing inquire of Rev. Mr. Avery Bristol, he will know where I am gone." Dec.-Mh. S.M. CORNELL. Hon. J. Mason.—Ifiho Court please, I wish to distinctly understand from your Honors, whether the letters which are gone to the jury, are to be used and commented on merely as evidence to rebut the suspicion of suicide, and not to implicate any acton the part ofthe iirisoner? Chief Justice.—There is one of them which goes as evi- dence beyond this, and may therefore be used accordingly ; for the letter which the prisoner delivered to Oswell the engineer, connects him with the deceased, by an act of his own. Attorney General—I mean in the close, to put that letter to the jury as one proved to have been in his hands, by him deliv- ered to another person, for delivery to the deceased ; and then to submit to them the natural inference that he was acquainted with its contents: and this I shall be fully authorised to do, unless he shall prove that he did not know them at the time. Chief Justice.—1 so stated to the jury, and I ^aid that tho other letters would go to them only as evidence to repel tho suspicion of suicide. Attorney General.—Butif it please the Court, I shall claim the right to offer the other letters as evidence beyond the mere question of suicide, so far as any proof has been adduced to con- nect them with the prisoner in any other way. Chief Justice—So far as there is any evidence to show that the prisoner is connected with the other letters, we arc of opin- ion the Attorney General cannot be prevented from comment- ing upon them.—Recess 'till 3 o'clock, P.M. 69. Rufus II. Lesure.—l now reside in Providence; in Novem- ber and December last, I resided at Fall River, and was clerk ii the Postoffice there. I know the PostoHice book [produced.^ This entry on the 12th November is in my handwriting. There was but one letter mailed from Fall River to Bristwl on that day. The entry op the 19th November is in Mr. Darling's (No. 3) handwriting. I was in Ihe office in the month of De- cember, and delivered to Sarah Maria Cornell a letter with one cent postage on it. I never delivered to her but one letter.'—I am not positive who the person was that dropped k in, but it was dropped in by a man who was called Mr. Avery. The prisoner appears to be the same person, though he is now somewhat altered. 1 am quite sure I saw the man who is ge- nerally called Mr. Avery ; ho did not come into the office, but I was in it when he passed along by the box and dropped it in; this was between 9 and 10 o'clock in the morning. I believe he is the same man ; he had before been pointed out to me as Mr. Avery, and I recognised the person who put in the letter to be him. Sarah Maria Cornell frequently called for letters, and expressed great anxiety to receive one, which she sometimes did. I don't know to whom the letter mailed the 12th Novem- ber was addressed. I don't remember to have ever heard Mr. ' Avery preach. 17 Cross-examined.—Mr. Avery was first pointed out to me , during the last summer; I frequently saw him wilh the Rer. Mr. Bidwell and Mr. Bartlett, the stage driver (No. 49.)—I saw him and knew him before the month of November; he used frequently to go up to the stables opposite the office and stand conversing, and I had seen him pass the office four or five times before November, so that his countenance was quite fami- liar to me. 1 have resided in Fall River three or four years, and have been connected with th? Postoffice two or ihreu. I continued there until sometime in January last. Iu the months of October and November the Postmaster was sick six or eight weeks; I had the charge ofthe office during that lime, and was there every day. I had known Sarah Maria Cornell three or four weeks, or more or less; I had *een her more than twice or thrice at the office for letters. I can't say Mr. Avery put that identical letter into the box; but I saw him pass tnd drop one in, and I believe it was the same afternoon that I gave the deceased her letter. I believe there was no other letter in the box at the time I took this one out, and it was delivered to Sarah Maria Cornell. I don't more particularly recollect the dress of the person who put. the letter in than that his clothes were of a dark color, and had on a blaqk hat with rather a broad brim. I heard the letter fall in and took it out mini.■'Ii-.idy. I was at the Bristol Examination a part of a day, Inn in! as a witness. I first mentioned these facts to-day to Mr. Staples since the adjournment of the Court; that is, I have not menloined them particularly. I took no pains to con- ceal them, for I was not aware they were of importance to ihe case. I don't renumber to have been asked about them except by tbe Postmaster, lo whom I slated I had delivered letters to Sarah Maria Corntll, and had seen Mr. Avery put one nv the box which I supposed I had delivered to her the same after- noon. I did not anwer him more particularly because I was not positive, -and was not aware that the letters could he traced. I used generally to take out the letters as they came in, or look at them. I am quite certain I saw the person known by the name of Mr. Avery put something into the box. Abn(i\Tullmtm, (No. 57) returned to correct atriflina mis- take about the situation of a house, occasioned by an indisi.net comprehension of a question respecting the relative location of two roads. I The Counsel for the Government hero rested their case, until ! the period for the introduction of rebutting testimony, and Mr. Randolph opened PENCE. trial, she was afflicted to a great degree with the vencrial dis- ease, and that whilst m full communion as a member of the Church and in constant attendance at prayer meetings, she was in the habit of passing at once from the house of prayer to the Doctor'/ shop to receive medical advice and appliances for this most U-athrome disorder. We will show that en various occa- sions she threatened to commit suicide, and that she did actu- ally attempt il—and that from her strange .conduct and conver- sation, the appearance of her eyes, and from other circumstan- ces, she was generally coisilered io be deranged. We will lay before you the history ef tin/ nirl'* lewdness and misconduct for fourteen year?. We will satisfy you, that such was her cha- racter, and that Mr. Avery knew it to be such—when yoil'are thus made acquainted with her real disposition—when il is pro- ved before you that she was five times expelled from ilic Me- thodist. Church, and lhat she was all the time contriving in he re-admitted by means «i false certificates ana her nwnforvp-ro s; when yuu see all these things stronsly before you—her charac- ter vindictive I'c-iuig, her threats against, and personal nnnty to Mr. Avery, I a*k yi.u, Gentltiutv, wheiheryou will not unhesitatingly say that, of all human beings, ihe deceased was most likely to close her career by such an act. There is a thought, and it has been expressed, thai a creature of a cha- racter sodepraved would not care about the disgrace ofbesiring a child. But if wo satisfy you that she was al one time pious and at another abandoned and vicious, and that no reliance could be placed on hi r temper or feelings even for an hour, you will at once perceive how weak and untenable such an argu- ment musl We. We wiil next prove to you, gentlemen, by the testimony of to do that which is right—to divest yourself of every prejudice jexperienci ven (No. 19,) pointing out the variation in the time at which tecreams were sworn to have been heard by these respective individuals, comparing the time stated by both with the testimo- ny of other witnesses, and drawing therefrom the conclusion that if these two persons had testified the 'truth, which there was no reason te doubt, the prisoner could not by any probabi- lity be implieatcd in the transaction. Hs proceeded) The next point _ against us is that Mr. Avery escaped, hid himself, and suffered his beard and whiskers to grow; and this concealment is to be brought in as an evidence of his guilt. I admit that flight in many cases, furnishes a presumption of guilt; but the justice of that presumption must depend on cir- cumstances. There are many instances presented to us in the books, of the flight of innocent persons; but we. need not resort to such a course of reasoning, for we have facts to support us. On the Saturday after this supposed murder Mr. Avery was in- formed that a suspicion of its perpetration rested upon him.— He remained in Bristol in the discharge of his clerical duties on the Sabbaih, and on Sunday Evening John Durfee went over to Bristol and lie was arrested. If he had intended to evade pursuit, if he had apprehended that there was danger of his con- viction, ii he had been sensible of guilt, then was his lime lofly. But he resorted to no such measures; he stood his ground; and after undergoing a long and patient examination was dis- charged by two as correct and intelligent men as ever dis- charged the Magisterial duties in the State of Rhode Island.— They need no eulogy from me. He was discharged on Monday, remained in Bristol the whole of that day and of Tuesday, and en Wednesday he went to Boston. I will prove io you that threats were uttered against him—lhat personal violence was hourly anticipated—that he slept out of his house, m consequence ol the advice of his friends; and he departed from Bristol, contrary lo his own inclination, and in deference only to the advice ot those friends, w ho were alarmed for his safely, till ihe Court should meet in March, when he might return and take hia trial. We will prove thai he was preparing himself for that trial, and that his return for thai pur- pose was fully contemplated and fixed upon. If I satisfy you of these facts,if I prove to you thai he fled on the solicitation. of his friends, not from a sense of his tm • guilt, noi fiom the • ting of his, own conscience, but from a persecuting spirit, from ihe ragings of the ftvir, and ihe violence ol an excited mob, you will then be enabled to form a just conception of ihe measure of ihat importanue which ought to attach itself to the course he has adopted. I believe, Gentlemen, I have now passed throi gh the main points of our testimony ; not indeed minutely.through sufficicn- ing bis character to ba such as I represent, surely in a ease as awfol as the present, it ought to be some protection to him.— You will not so readiiy believe that su.;h a man can be guiliy of wickedness so complicated and dreadful. He stands before you charged with seduction, with using his holy office merely as a covering for action* the most corupt, and lastly with the crime of murder. Bit, Gentlemen, if I prove him lo be such a man, and her such a woman as I have represented, the very exis- tence of this vast contrast in their characters, added to the facl that he was aware of it, would be sufficient to make any rea- sonable m.tn doubt the possibility of his having held any con- nection with Such a .wretch. One letter has been introduced said to have been delivered to the Engmeerat Providence ("No. 49) between the hours of 8 and 9 in the morning. We will produce the stage driver who carried Mr. Avery to Providence on the Monday of the four-days meeting, and who seihira down at Mr. Jilson's. We will shew that h' remained there till sun-rise, and then went to the sun- rise meeting—that he was present during that meeting, and remained till it broke up afler8 o'clock—that he was back again at Jilson's about aquarter past 8, & remained there about half an hour. We wdl then prove that he was at Mr. Fuller's, where he remained till almost the hour ef nine, that he was in the meeting house at nine, that during the whole of his sojourn at Providence he was in the presence of some most respectable men, and that he could not therefore have been the man who delivered that letter—and we will thus lay the foundation to shew that the prisoner could not have been the author of any of the letters which have been here produced—we will shew you lhat this very person has declared he could not posi- tively say that the prisoner did deliver that letlertoliim—we will also shew you that Cranston, who has been called to testify thai the prisoner passed the Howland's Ferry Bridge on the 20lh ©L December,did not at Bristol declare that be was the man—andT that previous lo the Bristol examination he told a person na- med Duvall that he had twice' seen Avery pass ihe bridge, and that it was not Avery who crossed on the day alluded to. What reliance, Gentlemen of the Jury, is to be placed on testi- mony of this description in a matter of life and death ? When you perceive such men partaking of the raging fever which has spread itself over the entire District of Fall River, will you not be alarmed at the very idea of judging a mau on such deposi- tions ? Have you not traced that fever ?—have you not seen its evil effects on the witnesses who have been brought before you? Have you not heard the contradictions which some ef them have uttered, and marked the manifest and irrepressible feeling under which some of them have testified ? [The learn- ed counsel here made some further allusions to individual tes- timony as given bv Miss Hambley No. 57, and Miss Norton No. 30 and proceeded] I believe 1 shall be ab/e to satisfy you thai their testimony has been picked out, not perhaps for the ex- press purpose of perjury, bui because the good people of Fall River have taken into iheir heads a belief that a murder has been committed by a Minister ofthe Gospel, and that he ought to be promptly, and in any event, punished for the crime. I shall shew you as plainly as any mathematical problem can de- monstrate, the feeling under which many of these people have come in to this Court. Their object is lo satisfy the communi- ty in which they live, and ihey are weak enough to believe thai community is desirous of seeing the prisoner hanged. Gentle- man ofthe Jury, suspicious circumstances and willing witness- es will hang any man. If you pronounce this individual guil- ty, and he shall suffer the ignominious punishment which such a verdici must impose,ihe time may come when some future ge- neration will be a< m-icb ashamed of such an act on your part, as the people of Silem are now abashed and sorry for thai deep infatu.itio'4 by whose blinding influence their forefather.- were spell-bound, when ihey condemned to death the miserablr beings whom ih-v imagined to be witches. 'Pie delusion, though not prevailing to ihe same degree, is «.( a co.i aeter precise!y similar. I is the mistaken zeal of a whole community which oas resolved lhat a murder has been com- muted, an I every uembcr of which is now putting a shouldei to the wheel in order to fix it on this individual. In many ol t!ie»t-.transactions the finger of Doctor Hooper is clearly dis- cernible. I do not believe mat he has testified falsely, but | under a fiilse judgment. It is this judgment on which you are (ily so for the purposes of an open ng. I wili now read some lo re.y. L it safe that a man's life is to be taken from him on ' authorities connected with the sulj;ct of the medical examina 19 tion. (The counsel here read a numberof passages from Ryan's ans in forming their judgments in all cases of this description. Modieal Jurisprudence, and Beck's do. to shew the difficulty The gentleman illustrated his positions by the very critical and of deciding between Suicide and Homicide in cases of suspen- importantcase of John Stringer, as reported in Philips Ev: p sion, and the extreme caution that should bo used by Physici- 104). TENTH DAY. Thursday, May 18. 1. Dr. Nathaniel Miller.—I reside at Franklin, Massachu- setts. I have been a practitioner of medicine nearly forty years. [A difficulty here arose with respect to tho method in which this witness should arrange his testimony. He was about to proceed with a recapitulation of Dr. Hooper's testimony (No. fi ofthe prosecution) with a view to give his opinion upon its points in detail; but the Court objected to this method of giving testimony as unusual and improper, and directed that the opin- ions of tho witness should be passed, not on the testimony of others, but on the questions submitted to him by the counsel concerning facts or opinions emboidied in that testimony.] In my opinion women are not good judges of the causes from which such marks of supposed violence as those said to have been found on the body of the deceased may have proceeded, although these women may be perfectly competent to describe the marks themselves. The change which takes place in ihe body after death is very great. Persons of both sexes, whether they die by hanging or not, most commonly exhibit after death dark ap- pearances about the private parts. The lower part ofthe ab- domen becomes discolored first. Simple discoloration in these parts is not of itself conclusive of violence inflicted before death; these appearances always take place sooner or later after death and are technically termed sugillation. Violence on the abdo- men and on harder parts would not present much difference in appearanee, though it would not produce the same result in both cases. It would require much harder force to produce echymosis on the abdomen, than on a harder part. Echymosis is the black and blue spot round a vessel which has been ruptured. In a person who had been suspended by the neck from 12 to 15 hours, I should expect to find the region of the abdomen dark- er than if it had been laid horizontally; the part situated lowest becomes discolored first from the subsidence ofthe blood by the general law of fluids. The extent ofthe discoloration would be in proportion to the degree of violence that produced it. The cellular membrane is spongy and vascular at the groins, and these parts will therefore naturally become dark sooner than others. At a period of thirty days after d^ath, it would not be easy to settle the difference between echymosis and sugillation; you cannot place much reliance upon su^h an examination, and it would be dangerous lo give a decided opinion upon such data as it could afford. It must be viewed in connexion with other circumstances. These parts are the first to decay, and after thirty-six days they must be decayed more or less. Even where there is blood it is often difficult to determine where it comes from. In case.- of fracture ol the skull, or where an instrument has been passed through the body we might rely upon such an examination very confidently; but not so when the softer parts ofthe body are supposed to have been injured. If a severe blow had been inflicted on the abdomen dunug life, any consequent injury would appear as much in the interior as on tho exterior, and would be apparent as soon. The pressure of a cart wheel passing over it would leave but little exterior mark. But it would not neccssanally follow that an injury on the abdomen would be developed more within than without; for this again would depend oh circumstances. If a person were grabbed thus [compressing the abdomen with his grasp] there would be no appearance of indentation inside. If com- pressions of this kind are made after death their impressions on the surface will remain, but if before they will immediately dis- appear Clothes pressing a dead body will leave impressions of any folds or irregularities lhat may have borne against it.— The spots which appear after death are very irregularly shaped; they appear ragged at the edges, shooting out witn lighter spots intervening. A foetus, I should think, in ordi- nary cases, would reach tho length of eight inches at the period of five months or more after impregnation: at three months, its length would be from three to three and a hall inches; at three mnnths and twenty days, from three and a half to four imihes, but not I should think, exceeding tour. At one month, a foetus would be a mere speck; and at two months, not larger than an ant. At four menibs, its length would be from five\o fiveaud a half inches; at five months, from sever, inches to eight; but eight inches would be long for a foetus at this period. S ume authorities go farther, and others not so far; Becklard goes the farthest: but the lengths I have stated Seem to be the average of the different authorities, and corre.sp0l)d best with my own experience. It is mj opinion that a fetus of eight inches at the period of three mouths would be out of the ordinary course of experience. I cannot tell what authors say on this subject in reference to the foetuses of women of vicious habits, prostitutes, and such as have been afflicted with the ve- nereal disease; nor can I speak from experience. It is not al- together uncommon for women to have a discharge after preg- nancy of a description not easily distinguished by themselves from the one usual before that state. They sometimes have a coagulum, but this is ef a different shew, and is not men- struation. Menstruation after pregnancy is not common, but we have occasionally a case of this kind. From au- thorities, and ray own experience, I should say that impreg- nation may be ascertained to a certainty within three or four months after its occurrence. If a person was strangled & afierwards hung up, I apprehend that two distinct circles or in- dentations would be found in the skin, unless the cord were so tightly drawn as not to slip by the weight of the body ; but even in this case the skin would be drawn up towards the chin, and if I dissected the parts I should expect to find a mark on the muscles below the cord, although the prior strangulation might not make so great an impression upon them as the subsequent suspension. If the cord were very small and tight it would not be apt to slip over tho skin on suspension, but the skin would go up with it, and when relaxed would become more horizontal. If ia a esse in which the skin was thus drawn up I found on dis- section, no indentation on the muscles beneath, I should con- elude the cord had been placed exactly where it was found.—I have seen only two persons who have been hanged ; but I have learned from practical men that tbe faces of persons who have died from this cause are not very dark, nor very florid. There might be that dark appearance, and it might disappear by gravi- tation after the body had been hanging all night. I should sup- pose there would be no swelling round the cord when it had been drawn so tight as it was in this ease, or where a small cord had been used ; at least I don't know that it could be per- ceived by the eye ; where a large cord had been used I should expect to find a swelling. On an examination thirty-six days after death, the fact of the uterus being open would not to my minjfcybe a satisfactory proof of an attempt at abortion. I should ihink lhat the mouth of the uterus, which is hard like a tendon, would be the last organ to go into decay. A skilful person would not wound the mouth of the uterus, small as it is, in at- tempting to produce abortion. It would not be safe to rely on an examination made 36 days after death, unless there were stabs or other things to be noticed, for the reason that after so long a tune, all the pendant parts would become discoloured. I know but little of the test of washing, but I should not differ much in this respect from Dr. Hooper; a gan- grene will not wash out, but after death a bruise will—though I should plaae but little reliance on this test 36 days after death. Neither echymosis nor sugillation can be discovered with cer- taintty, unless on a medical examination at the time ofthe death. The mouth of the womb might be open by relaxation 36 days after death. I do not know lhat the opening of the uterus would open its mouth in this case ; bruises might be expected. By banging, strength and sensation are lost instantaneously.— Any indentation made at the time of death would continue, and there would be no echymosis. Cross-examined—In judging of the correctness of an exam- ination 36 days after death, the state of the body in regard to the progress of decay should be taken into view ; nothing else would vary the results of examinations after one, and alter 36 days. My impression is that the lest of washing relates to de- cay before death. I should think cadaverous lividity on the muscles would wash out. A foetus would be longer than its skeleton. I have read of cases in which the foetus at 3 months and 20 days has measured 8 inches. It varies, I should think, in different women. The size of the foetus cannot be relied on to indicate its age within a month. Cessation of the men- strual discharge is the first symptom of pregnacy, and is to be relied on ordinarily in judging ofthe time of impregnation. Menstruation occurs during pregnacy both in sick and healthy females, but it is a case of rare occurrence. It is arbitrary and uncertain and does not last so long; but differs less in appear- ance than in quantity. It is uncertain whether it wou d con- tinue through pregnacy or not. Impregnation is more likely to occur within the first week or fortnight after menstruation than a.t a later period in the month; and women who are regular in • he latter are more likely to ascertain the date of the former than those who arc not. The age of a foetus § is reckoned from 20' fconception to birth, and not to the time it may have ceased to enlarge before birth. If a woman were powerless or passive, an attempt to produce abortion by violent means would be likely to exhaust her, and interrupt the functions of life ; it would pro- duce the same effect as a violent blow. No person with a cord round the neck, indented three eights of an inch could fasten tho cord to the stake. In hanging, the cord would not be hori- zontal. The position ofthe line would change as the head might be carried backward or forward. If the deceased had been hung with a common knot the indentation would have been deeper on the side opposite the stake than on the other. I should think four inches of cord from the stake to the neck would have 3 months is 6 inches long, and at 4 months, 8 inches. The average length as given by authors including Beclard, is be- tween 3 and t inches at 3 months—5 inches at 4 months, 8 inches al 5 months, and 4J inches at 3 months and 26 days;— excluding him, it is 3J inches at 3 months, a little more lhan 5 inches at 4 months, and H inches at 6 months. 1 have not practiced midwifery extensively, but my experience accords with this average. If a person had been strangled and then hung up, the cord would slip on the skin if there was room above tor tho cord to rise. I should expect to see tho marks of strangulation much stronger than those of hanging ; and to find the mark on the muscle, and probably extravasated blood. been very shorl for a person to have left in hanging himself. IfjThe mark would not piobably remain as distinct after an in there had been room enough for her to have put her arms out ot the eloak, she might by a sudden effort have thurstthemout and afterwards have replaced them. There could have been no consciousness after the string had been drawn so light as to produce an indentation three eights of an inch deep ; and this would cause death without hanging. I should not think there would beany slipping in the knot, whether the line were pul on by herself or by any other person ; in this respect there would, perhaps, have been no difference. [Recess tilli P.M.] Cross-examination resumed—Extravasated blood in the coats of muscles which presented no appearance of decay, would lead me very strongly to conclude lhat they had suffered violence before death, but when the body in which they appear has been dead a long time there is sometimes a difficulty in forming an opinion. I have not had much experience in this matter, nor have I consulted authors upon the subject I should not suppose it possible that the deceased could have smoothed back her clothes, under her knees, in the manner in which they are deposed to have been found, if the string had been then drawn round her neck, and the hands could not have been thus applied if they were within her cloak. By Mr. Mason—I should think an inch and half of cord from the knot, at each end would have been enough for her to draw it so tight as to strangle herself, provided it had been before fastened to the stake. By the Attorney General—Bui in this case, if the cord was no longer than had been deposed, her neck, before she strained the cord,must have touched thestake. By Mr. Mason.—A body after such an examination as this one received, would probably decay sooner lhan it would other- wise have done; but I have not made many observations on bodies nnder these circumstances. I should suppose that the earth five feet deep would not be much colder in the month of December than in the summer. By the Attorney General.—Dissection in the summer at- mosphere would occasion more rapid decay than in the winter. The actual observation of respectable professional men on a particular body, should, I think, be regarded as much as the statements of others in books upon cases to which ihey refer. By Mr. Randolph.—B»i the testimony of no physician would lead me to believe that a body could remain in the same state 36 days after interment. terment of 36 days. Sensation continues for a longeror shorter period according to the compression. Il would cease in less than a minute in a person of common weight hanging by a small cord. Hanging is the most common mode of suicide, and in a majority of cases it is wilh the feet near the ground. I have read of two or three instances of suicide by sti angulation effected by twisting a stick in a cravat or other ligature round the neck. In Paris the length ef the foetus is relied on more than the weight, or any other criterion, to ascertain its age. Its length is measured from tho centre between the crown of the head and the feet. The books state cases of menstruation after im- pregnation, and 1 have known some in my own practice. The foetuses ef different women differ in size. The foetuses of women of very lewd characters are generally supposed to be smaller than those of virtuous women. [The witness here quoted the opinions of ihe most approved authors on the point.] Cross-examination.—The young man to.whom I have al- luded, who was found dead in his bed, died of suffocation from an abscess. It was doubtful whether the case ofthe other person te whom I have referred, who was found hanging at Providence a short time since, was one of suicide or homicide : there was some enquiry upon the subject, but the public mind soon became settled. I did noi see a cut on the head of this pesron ; there may have been one. 1 should not depend upon the experiment of washing to delect a bruise later than ten days ; but the successful application cf this test would perhaps depend less upon time than the slate of decay in which the body was examined. By Mr. Randolph.—An accumulation of the fluids in the cavity of the back might discolor the loins outside by filtering through and producing sugillation. Attorney General.—Doctor, you have been asked whether women of very lewd and vicious characters, are likely to have foetuses as large as those of virtuous women—but I would en- quire whether such women are likely to have foetuses at all? Witness—Promiscuous intercourse is certainly a well known preventive of impregnation. Suicide by strangling is not com- mon, and I could not think that any person could make an in- dentation three eighths of an inch round the neck with a cord and afterwards hang himself. Such an indentation unless obstructed by the os trachaa, which the cord in this case is aid to have been above, would destroy sensation almost in- 2. Dr. Usher Parsons.—I reside at Providence, and haveistantanecusiy. lectured on Obstetrics in that city and Philadelphia. I have not! Attorney General.—Doctor, do you know how long bodies been accustomed to the examination of bodies which have been have been interred that are brought into tbe dissecting room ? hung. I have seen the body of one man who hanged himself; Witness—(with a sly comic smile, and a wink ofthe eye)— I believe the faces of persons who have been hung are as often pale as dark. The bodies of deceased persons will exhibit livid spots produced ly sugillation^ and which appear the soon- est on the pendant parts; this is particularly the case below the pubis both in males and femalos. In persons hanged and left hanging the blood would soon settle in the abdominal region, and I should expect to find the spots there first. They are often mistaken for bruises. I was called to examine the body of a young man who was found dead in his bed about three weeks ago ; these spots were found on his body and his friends supposed llieui to be bruises; but I immediately discovered that they were the effect of sugillation. There are two places in which it would be difficult to distinguish between sugillation and echymosis, namely, on each side of the spine at the loins. it would be difficult to distinguis^about the marks on the abdo- men. I should be unwilling to hazard an opinion founded on appearances in the private parts or back after a lapse of 36 days I could place no reliance on appearancee in the muscles of the abdomen, nor on any evidence of contusion, nor on the mouth of the womb being open after that time. The dark ap- pearance of the mouth of the womb would afford no evidence of violence unless it were ruptured. A woman can ascertain the fact of her pregnacy in three or four months, at the period of quickening. She may suspect it in six or eight weeks. 1 have examined twelve different authors, English, French, and American, on the subject of foetuses. Bedard differs in his calculations from all others. According to him tbe fcetusat Why, sir, we generally know. 3. Doctor Jabez Holmes.—I reside at Bristol; I have been a medical practitioner 22 years ; I have never seen the body of any person who had been hung, but my impression is that the faces of such persons are usually dark. On the subject of the length ofthe foetus I have not had access to the older writers; Dewees and Burns differ but little as to the length of a foetus at three months old; one says it is three inches long al this period, and tile other thai it is three inches and a halt ,* the latter says u is five inches long at four months ; but Dewees says il is from nine to twelve at ihe same age ! I have a fceius in my pos- session three months old which is not apparently longer lhan 3 inches; and the wwman who bore it could not teil whether she had been pregnant three or four months. I should not think/ ■ hat any safe conclusion could be arrived at wilh regard to bruises on a body which had been dead thirty-six days. If however it had been kept in a temperature below thirty-two degrees, no decomposition would have appeared within lhat time. Cross-examined—Dewees and Burns are considered stand* ard authorities, although they differ so widely ; my knowledge on this subject is derived from them. The result of a surgical examination depends on the slate of the body at ibe time lhat examination is made, and not altogether upon the ler.gth of ime which has elapsed since death. Some times women call or assistance in menstruation after pregnancy, but such cases are very rare. 21 4. Doctor William Turner, of Newport; I have practised physic 38 years; 32 of them in Providence. I never saw a body lhat had been hung, I believe the faces of persons who have been hung, are commonly suffused aia dark, but not always.— In males tho discoloration of the pendant parts after death is more common than in females—I should think little dependanee could be placed on an examination of a body for the purpose of distinguishing bruises before death from the appearances indu- ced by subsequent decay, if that body had been dead 36 days ; at least much more satisfactory conclusions could be drawn from an earlier examination; I should think it would bedifficult to swear to unlacerated marks at such a distance from the time of death. From the eelular texture of the abdomen and sexual parts, I should think they might become darker in a body which had been hung twelve hours. The early signs of pregnancy are frequently equivocal quickening, which generally takes place at the middle of the fifth month is the only infallible sign. The length of a fcetus at three months I should expect to be three and a half inches upon an average, at four months six or seven inches, at three months and twenty days five inches or more, but let me add that in my opinion foetuses may differ in length nearly as much as children do when they are born. I think it would be very remarkable to find a fcetus eight inches long at! eleven: Friday, May 17. 5. Theophilus Dunn: I reside at Newport, and have prac- tised as a physician and surgeon for upwards of ten years. I have seen the bodies of four persons who had been hanged, one of whom wasresusoitated. The faces of three of these persons out of the four were suffused and dark ; the face of the other was pale, nearly as much so as though he had died a natural death. It is common for dead bodies te exhibit dark and livid appear- ances, about the private parts moro particularly, without au- thorising any suspicion of violence; they might be mistaken for bruises by inexperienced persons. These appearances are commonly found about the abdomen, and especially uponthe flanks. The parts of dead bodies which come in contact with the folds of a bed, or with a table, will commonly present them. It depends upon circumstances whether on an examination made thirty-six days after death we could distinguish bruises from the settling of tho blood. If there had been such a de- gree of violence as to have ruptured the muscles, or injured the bones, it could be discovered at that time without difficulty ; but small contusions I should say could not. If there were a discoloration of the abdomen without laceration, I could not give a positive opinion. If it had been occasioned by external violence, it would, as a general rule, be more apparent in the interior than on the exlenot, at a period of thirty-six days after death. I could not on such an examination trace the marks of the hands with enough certainty to testify in a court of justice lhat such bruises were so made. If there were any appear- ances of indentation from the pressure of fingers, they would be ihe effect of pressure after death, because, before death, the flesh is elastic. If a person were hung in the evening, and found suspended the next morning, I should expect to find the parts in the region of the abdomen and groin darker coloured than if death had taken place in the common position. The incision for the extraction of the fcetus might be made in two ways. [We here omit some irrelevant tesiimony on the most scientific and approved modes of performing this operation.]— If the foetus were extracted three or four days after death, and there were any bruises around those parts, I should tbink they would have attracted the attention of the physician. If such bruises had escaped my notice upon an examination a few days after death, I should not be satisfied with apparent bruises thir- ty-six days after. I might have an opinion that they were bruises, but I should not like to give it under oath. I do not know that if there were bruises, tbey must necessarily be dis- covered ; but I should think that an observant man would dis- cover them. There are some slight bruises, which could not be discovered from echymosis. I have but little knowledge of the length of foetuses from my own experience ; but from what I have read, 1 should think the length ef a foetus at three months and twenty days, would be four or five inches ; at four months it might be from five to six inches ; at five months, from seven to eight inches. If I found a fcetus eight inches in length, making its length above the cri- terion by which I judged, I should think it was from five to six months advanced ; but I should take other circumstances into consideration. I should think the sex, for instance, could be de- termined with the naked eye towards the termination of the third month. A woman would not be able to ascertain the fact of her prev'uancy, with any degree of certainty, till the period of quickening, which is about the middle of the time; though rsbe would have good reason to suspect it after the first cessa" tion of the menses. There are cases in which appearatices something like those of the usual terms, occur during the preg- nancy ; and some such have come under my own notice ; but tbey are anomalies. Cross examined —The increase of the foetus is most rapid about the middle of gestation, from the third to the seventh month. At 5 months the sex is quite apparent so as to observed at once under ordinary circumstances. No certain conclusion as to the age ef the fetus can be formed from its size alone. * * * The state of the body in reference to its stage of decay would affect the accuracy of an examination thirty-six days after death. Under ordinary circumstances, a body interred in December would not decay so rapidly as one buried in August; and I could place more reliance on an examination of the for- mer than of the latter. I should attribute the appearance ef coagulated blood in a muscle to echymosis, which frequently presents the appearance on examination, while sugillation does not. A steady, firm pressure would produce no mark; it would require a sudden blow to produce it. I should be satisfied as to these causes from a general view. Blackness in the back might proceed from echymosis; and it is laid down in the books that swelling and lividity of the neck and shoulders might also appear, but not always. Black and blue spots are not laid down as phenomena of hanging. An indentation of three- eighths of an inch produced by a cord would suspend respira tion as well as circulation in the carotid arteries, but not en- tirely in the vertebral. In submersion and asphyxia by hang- ing both continue. In suicide by hanging the cord is ge- nerally not horizontal, but oblique, nor is it equally tight. In strangulation without suspension, the cord would probably be more horizontal. I should be uncertain about marks on the countenance ; if the body was suspended after the cord had been drawn as tight as it was found in this case, I think there would be no difference in the appearance. Direct resumed.—There is perhaps less difference in the length of new-born infants than their weight. If the body was dug up and the fcetus extracted and returned, I should not ex- pect the body could long continue in a perfectstate; but to find the muscles in the region ofthe spine near the pelvis changed, more lhan those in other parts of the body. If no internal marks were found in the region where the prints ofthe hands on the abdomen are said to havebeenseenby the women, 1 should hesitate as to a conclusion founded on an examination 36 days after death. In a case of life and death, I could not rely on the appearances of bruises without laceration. I never knew a case, nor do I know of any author, who speaks of one where a fetus eight inches long was supposed to be only three months and twenty days old. It is common to find persons who have hanged themselves, very near the ground. 6. Doctor William Graves: I live al Lowell, and have practised medicine upwards of 25 years. I presume I knew Sarah Maria Cornell. She gave me her name as " Maria S. Connell." I first saw her at'Lowell on the 30th August, 1830. She said she was a member of the Methodist Church. She applied to me for relief in the lues venerea, with which she was afflicted; it was a very severe case, not so bad as I had seen, but worse than common. It was not, I should think, of long standing. She came to me between 10 and 11 at night,offering as an apology for the lateness of the hour, that she had been three months and twenty days, and I have never met with such a ease in my practice. I should expect a mark in a muscle from a very tight ligation even if the flesh had slipped up. I should also expect to find more appearances of decay in a body which had been opened, and buried thirty six days than in one which had not been opened. Cross examined.—I should suppose violent pressure on the abdomen of a pregnant woman would naturally cause fainting,; and the introduction of a hard instrument to produce abortion would increase the liability, especially when considered in con- nexion with the greatmcntal excitement which must always more orl ess attend the operation. It would, I should think require a very violent external pressure to cause abortion without the use of instruments. Sensation would be lost instantly from such a tight legation round the neck as has been described. I should not think it likely that the mark of the string would be found horizontal around the neck of a peison who committed suicide by hanging.—By Mr. Randolph, I should not think that any satisfactory conclusions could be drawn from the appearance of vagina and uteras thirty-six days after death ; nor should 1 infer a bruise from appearances after such a time, unless indeed an effusion of blood were found under the part. The Court adjourned till 9 o'clock, A.M. ra day. '£ 22 at the Methodist meeting-house. She asked if I was attending a young man. whom she named. I told her I was not. She said she had been improperly treated, and asked if I could cure her. I gave her medicine. By refci«ence to my books, I find that she called seven tunes between the 30th of August and the 20th of September. Shortly after her last call, she left th< town, as I understood, and I did not see her again probably foi six months or a year. The first time she came, while I was compounding the medicine for her, she. made, I thought, some very strange observations, the purport of which was that she had been a member of the church, was a pretty bright Christian, and could pray and exhort as well a? any of them. I do not recollect all that she said. I saw no- thing else remarkable in her appearance. On her next vi- sit, she handed rc.e a writing, saying I did not credit what she had formerly said. She stated that she was about to leave town for Dover, and had a letter of recommendation from Mr. Avery which she show'd me stating that she was a church member. On one occasion being at Mr. Howes, I heard some loud talking in a room, and on entering saw it was this girl. She was talking of Mr. Avery, and seemed to be blaming him for turning her out of the church. She called him a ras- cal and a villain, and said he ought to be hung. She uttered no threats that I recollect. Mr. and Mrs. Howe and some others were present at the time. She once said in my office that if a certain minister should know she had the disease he would swear a little, and added that she would rather drown herself than he should know it. At another time she asked me if I was attending on two other persons whom she named They were not under my care. She frequently spoke of the first young man I have al.uded to, saying he ought to pay her bill, and desired me lo speak to him on the subject, which I did. She said she thought it was for her interest to re main in the Methodist Church, and begged me to keep hereon dition a secret. She said she would rather be drowned or die, or some such expression than have it known, though I did not understand it to be her intention to drown herself. She uni formly called late in the evening, except the last time, and gen Cross Examined. I do not know whether tho deceased was nthe habit of going to Mr. Avery's. 1 y*rote a Utter on this ubject to Mr. Bullock. Doctor Noah Mai tin—\ reside at Somersworlh, Groat Falls, and have practiced medicine for 10 years. In January. 831, a person who gave lie her name as Sarah Maria Council inie to my shop to get a prescription for a complaint which iireved to be chronic gonorrha?, apparently of long standing. I nought there was something singular in her manner for a per- son professing to be a Christian. I did not then examine her parusularly in relation to her disease ; on a subsequent occa- sion she told mo- she had been a member of the Methodist Church, but had been excommunicated. She said she had been diseased for a length of time, and appeared to be familiar with the instruments necessary to be used in such .a case. She said she had been underthe care of Di. Graves of Lowell; that ho had conduoted himself indiscreetly, by which means Mr. Ave- ry had learned her condition; and that in consequence of this she had been turned out of the Church, and was ruined. In he course, of six weeks, she called probably as many times, and was very loquacious ; she went into particulars of her con- tracting the disease ; she said a young merchant in Lowell had paid her attentions, and invited her to ride out wilh him on a Sunday afternoon; that they represented themselves, where ihey put up, as man and wife; that they slept in ihe same bed, and that her disease was the result of their cohabitation. Speaking of Mr. Avery, she said he ought to have been atisfied wilh turning her out of the Church, but that in ad- dition to this he had made representations concerning her which had prevented her from getting into the church at Somersworlh I recollect no conversation with her which led me to infer mental alienation. Her mode of conver- sation and gesticulations differed from these of most per- sons. She talked on a variety of subjects without any re- gular order—not incoherently, I should say, but passing sud- denly from serious to light subjects, and the reverse. At one time she would be in tears, and talking of her complaint and situation; and in five minutes afterwards, laughing and talking erally gave ibe same reason as at her first visit. I thought it Ion other sjbjects. Her appearance and manner I thought in my duty to inform Mr. Avery of these things and conversed jdicated that her mental operations were considerably deranged. with him accordingly. This was previous to her leaving Do-,'l did not suppose her mind affected to tbe point of insanity, but ver, at which time she was not cured. I have lecturedjenly that her ideas did not flow as regularly as though hsr pas on the practice of medicine to mjr pupils, but not on anatomy Question—From your observation of the character and con- duct of the deceased are you of opinion that she was deranged? Answer—I hardly know how to answer: Her conversation was such that I did not know what to think. Her language was curious and unlike that of other females, but I should not like to give my opinion that she was deranged. On her first visil she appeared modest and well-behaved at first, but talked very differently before she went away. After that time I saw noth- ing strange in her manner, till my last conversation with her, when she appeared to be either in a passion or partially insane: I should not like to cay which. The facts on whish I ground this opinion, I have already iclated. Cross examined—I ascertain the time of her visit to me from ■ny books to which I have referred : they are not here. Inde- pendent of tbem I have no recollection of the date and could not swear to the fact that she called en me in August 1S30.— Attorney General—In your opinion, Doctor, would tho fact ofthe girl being so depraved as to contract this disorder, coupled with the fact lhat being a Church member herself she said she '"could pray arid exhort as well as any of ihem," be an evidence of hor insanity? Answer—Not alone; nor have I given my opinion that she was iusune. What I hi'e said was founded on other things also. She frequently got up from her chair, set down again, took great pain.' in adjusting her bonnet, and wore a handker- chiefround her face. This might have been from a wish to con- ceal her features. My impression as to her insanity was re moved on her showing mo her certificate of church member- ship. [The witness being asked the names of the three men of whom the deceased had spoken to him, begged the Court t excuse him from answering the question. The Court said h could not be excused, and he accordingly gave their names, vvhichasthey have no necessary connection with the subject ofthe trial, wc suppress for obvious reasons. The witness, af tor being examined as lo the number and names of his pupils at that time and their present places of resiuence, stated] I think I was then Air. Avery's family physician, but am not so now I am not positive I ever prescribed for Mr. Avery himselt. Direct resumed. Mr. Avery resided at Lowell about two years, and his character as a moral and religious man, I pre- sume was good. I did not attend his meeting, but heard him generally well spoken of. I have I ea-d him found fault with, put not tor any thing affecting his r. oral character, against whicl Jknow nothing. I never prescribea for him in the foul disorder sions had never been disturbed. |The witness being required to state exactly the extent of his impressions in relation to her ' stale of mind at the time, said] There was something peculiar in her manner and appearance, and different from that of peo- ple generally ; but this was not a sufficient ground for tbe con- clusion that she was absolutely insane, but indicated that she was acting under the influence of excited passions and mental anxiety and disturbance. Cross-examined.—I wish to be understood that I do not say she was insane. In some stages ofthe disease wilh which she wasafniced the passions may be disturbed, but this was not the case while she was under my treatment. She used no threats in relation to Mr. Avery in her conversations whh me. I was once called to prescribe for her in the month of May, not for this disease, but for an ordinary indisposition. After this I ne- ver knew any thing particularly about her. I nx the date of her first visit to me in January, by my books, but I also recol- lect it from the cold weather, and a circumstance attending a small vial. I cured her of the disease. Direct resumed. I think I could rememberthe'year in whieh he came, and that it was winter, (but not the day) without re- ferring to my books. 8. Asneth Bowen.—l live at East Sudbury, and have known a person whose name was written " Sarah Ms.ni Cornell," on the list at the Factory in Waltham. We were both engaged in weaving. During our work ;l.e frequently exhibited strange appearances, and would often start away as if son.e thing . ; armed her. One day she weirt out of ihe work room into a private room with asmill cord in hcrhand. I immediately followed her,cpeiud ihe door, which she had closed on entering, and found her with tbe cord in her hand, looking up as if to find somt thing to hitch it upon. She stood in this position, [stretching her arms to- wards the ceiling.] When I entered she s arted hack as if alarmed at seeing mc, and went out, endeavoring a* ?hc went lo hide the cord from nio. 1 followed her because il. wan my impression that she intended to mtike way with herself. She was al Waltham about three weeks, during which she boarded at three ei four different places. I never saw her before she came to Waltham, and do not know where she went to ftrm that place. This was in the summer, but whether the last sum- mer or the summer before I cannot recollect. Cross examined.—lean say it was not three summers ago. She was about my size, and I should think about 25 years of age. I first mentioned this occurrence to one of the factory 23 g[irls, but cannot recollect whom. I only told it te one at that time. Her strange appearance, and her having the cord in het hands made me think she was going to commit suicide. Thert were nails and spikes in the room sho went to. I think I left the mill in the August ofthe Thompson Camp Meeting. I car- Rot tell why I did not tell my suspicions of her intention to com- mit suicide to the persons with whom she boarded. I next told this to Mrs. Smith at West Sudbury, directly after I heard of the death of the deceased. Mr. Joseph Mer- rill ap'phed to me for information about her sometime last winter; she remained in the factory about a week afte I saw her go into the room; she did not do as muc'i work as other girls; more than forty girl* worked in the same roon son of the name of Rawson; she said she intended I ohave gone to------by the stage, but she was tired and the weather being iiad she should wish to h ave a bed that night; I overheard a oud conversation between her and Mr. Taylor, in which she said fl Tou must get up earlier than ever you did in your lifo to make a garden of me to bear seed to you," and that he had better settle it off than go into court with such a dirty character. She wrote a bond to aquit him of her being in that way by him ; I heard it read, and saw it believed the next morning. She said .he had been brought out to the gospel light under the preaching I the Rev. Mr. Maffit of Boston, 6 years ago. When she was .oing to bed, and I was at the top of the stairs I saw her take jut a blanket fr«m under her clothes which was folded up several with us; my loom was halfway across the room from her's.—I mes. The string she had in her hand was made of cotton; it was near- Cross-examined—She delivered the bond to Mr. Taylor in ly thrre-fourths of a yard long, doubled and twisted. I never ihe morning ; and she was then quite trim. She looked quite had any disagreement with her ; I do not know why she chang- " gaunt" in that respect when the money was^paid ; this Mr. ed her boarding house so often. At that time she was not a Taylor is now dead. member ofthe Methodist church. I was at IheThompsonCamp Meeting, and saw her there on the Tuesday, Wednesday and Thursday. She appeared to shun me, and I could net get an opportunity to speak to her. I also saw Mr. Avery at this meeting on Thursday, and I think also on Wednesday; but I did not see him conversing with Sarah Maria, Cornell. 9. Mary Ann Leary—I reside at Dover, and was acquaint- ed with the late Sarah Maria Cornell m 1830, both at that place and at the Great Falls. She once talked to me about destroy- ing herself; she went out, and afterwards came in crying, say- ing she had been out to make way with herself, but that when she came to the place her courage failed. She said the reason was that Mr. Avery had not us< d her well in expelling her from the church. I had some apprehension that she would destroy herself; for I have heard her say sho had a mind lo destroy her- self, and that she thought she should. At this time 1 boarded in the same house wilh her at Mr. Horner's. Cross-examined.—I first told this story'to Elizabeth Honey,jibing I know, as any other person a few days afterwards. The Rev. Mr. Denny, of Dover, fov how she came to bo so changed in the morning for I did not heat her cry out in the. night—I saw the bond which she drew up the ii'gbt before, bull dont think any money was paid then ; it wa> paid I believe the next morning—She was quite " gaunt" inth; morning, before the money was paid—I ifont know how much was paid her, but I saw money in his hand. Il did not occur to me that this was a hoax upon me instead of Mr. Taylor. 11. Owena Parkei—I am the wifeof the last witness ; I re- collect seeing Sarah Maria Cornell on the occasion he has men- tioned. When she came in and asked if she could sleep there. she said she did not come in as a stroller: but that she had re- spectable parents, and a sister at Killmgsley married to a per lion of her having illicit intercourse wilh different men, and I believe she never sustained a good tcr at the time. I have no recol- lection that any other person preferred charges against her. 1 next saw her on tht first Sabbath in June, 1831; I wasstand- ing near the meeting house door, when she spoke to me and acknowledged .the truth ofthe charges I had preferred, acd aid she had experienced great temptations to destroy h'-r- self, which she t!.■'light she should do at some future period.-— I have no ri.colleclioii of any other conversation with her, and un this occasion I saw nothing peculiar in her appearance, except si.me flashes in her eye-;, which made her fock different to what she ijid looked before; by dashes I mean ihat her eyis looked red and fiery with an appearance of wildness. A shorl time before I no;iced her walk in going to and from the meeting-house, and she appeared as though she could not walk regular nor stand still. This was all I saw, and I had but ft short lime in passing to observe lhat. ('iC'-i-n ■•mined.—She war. a regular member ofthe church during the time she lived at Lowell. She was not present ivhen the charges were brought asainst her, a'"J uould beT r«-ve"ged on Av. ty, if 1 know lhal he signed it, but she told me thai he had done so. "A c,?sl hLer her, U[e' *','ht're were r,° Lowell people at Great I was in Bristol in Ihe early pan of October last, and ln aF alls, she said she could gel along very well, because she could conversaiion which I heard between Mr.Ave.y &Mr.Holloway„Y"f a certificate hcr^-lf, as she uad done once before, when the former asked the latter whether he would go will, h u. on iheKhe had lost'I16 B»rnu'r"! «'"*> a"d ihe minister n.uld not detect Island to see the coal mines, as he was anxious to do so before ,h,! counterfeit. She said she was so well acquainted wilh he left the Bristol Station. Mr. Holloway said he could not Averv s,^"ld wr"ln?. and could imitate it s« exactly lhat no then fix a time for going as his family w«re sick, but thai he or,e could kn,m' " '?"" h's o"'"- &'•« added that there was would accompany him at some more convenient time. Mr.iscarcelv anv P^ons hand which she could not .miiale if she Avery's character at Lowell was generally good, until it became 0IK'e saw "•. She had bceo so greatly disappointed, she said, affected by this accusation in not marrying Mr. Kaws«n, that she had olien attempted to Cross-examined.-l was present as a member ofthe church Me away her life, which she now no longer valued ; but that when Sarah Maria Cornell was red out. On her return to her fr,ends had watchcd her SG »l°sely as lo prevent her suc- Lowell in 1830 she came to my house on ihe Saturday and lelilc<,5d"1*' . , 'T , . , r on the Monday morning ; si.e did noi sleep at my house on ihe I Cross^xamined.-l.related these conversations to two fe- Sunday, and I did not ask her where she had been. She had m,altl vvlfc worked in ihe same mil. She said she nad seen seen Mr. Avery on the Saturday, and broi ght he paper fromhVlr A.verV * hand wrl"ng '» Lowell, but did not say she had him sijjned. She made no accusation against Dr. Graves lo a"J °' " '" her possession. I did not see any thing bad in her me, but I heard him say he had read something she had said of him. Mr. A.ery left Lowell for Bristol in July. 20. Elizabeth H. Shumway.—l reside at Grafton, and firs became acquainted with the deceased at S.aiersvilh , ih I^2o or 6. She then went by the name ol Mara Snow, »nd I be lieve joined the Methodist Church there under thai name.—A gentleman came 'here and called her Mana Snow, but she said he wan mistaken. Her brother came to see her afierwaads, and his name being Cornell, "he said her name was Maria JMiow Cornell. 1 stood with her one day in 1826 on the bridge gazing on ihe water, and she said "ILi. beautiful that water looks! I wish I was ai the bottom of it, for then my troubles would bt at an end." She said lhat she had been courted by Grindall Rawson before he married her sisier, but lhat the laiter by an and stratagem had taken him from her; but she had the conso- lation lo know her sister was jealous ot her. She added that the reason of this jealousy was that she and Grindall Rawson had been as intimate as man and wife, and her sister I;new it Ho had, she said written some verses to her on the blank leal of her testament, she gave me a opy of them. She said shi had often been templed to make away with herself. She wa> dismissed irom the Church in Slalersville for bad behavior aiifr having intimacy with men. I heard the charges of lying ana conduct, but I know she told a great many stories I did not Doard m the same house wilh her. I know of no particular slory except lhat about the certificate. 22. Caroline D. Tibbits.—l came from Dover; I know the deeeased by the iiitine < f Maria S. Cornell. I first saw her at the Rev. Mr. Merrill's four years ugo in Lowell, and iflemaids w< rked in lie, factory with her. Mr. Mcin.l was hen the Mchodisi Minister ef Lowell. I afterwards kntw her .O !»oinersworlh, deal Falls, where t|.t auenipieil to ji in the hnrch ; her name was put on ihe class-book by tf. class leader, but some « f the members insisted that it should be taken i.fl, and >t was within a wetk afterwards. About this tunc ihe (lass leader came, and inquired for Maria Cornell; she dt sired me » go lo the door aid speak lo him, for she was afraid to go her- eof lest ii should be the doctor to wh< m she < wed nony at Loweli, or somibody sent by him ; but when she k> ard who it he vw nt herself. One da> shortly after she came to Great Falls, I was walking wnh her, and she sp< ke with ^real feeling of her excommunication from the tl urch, and is effect Open her character ; she said she had been exposed ly he physician, Dr. Graver, at Lowell, hj tie overs, t r Of the acion ,aed by another person, whim she did noi nan.e : ,-.nd asked my advice and assistance toward her procurirg a situa- 26 tion. S.c slated that Mr. Avery had sent for her, and asked lorher certificate, but lhat she had told him she had lost it, to- gether with the pocket-book which contained it, at the camp- nieuing, bui that this was not the case. Mr. Avery, she said had advised her to go to her mo.ler's, as the best place for her: but she said she could not gs home atter the disgrace she hat suffered, for her family were high minded, and might upbraid her; that these things bad so affected her as to induce her u atten pt suicide, which she would have done one evoning if hei courage had not failed. She showed me a c#py of the letter which she had yvritten to Mr. Avery, and 1 read it: it was three pages long, and contained her confessions of theft, lying, ai.d fornication, and concluded with solicita- tions for forgiveness. She said, 'Til be a member ofthe Methodist Ohurch in spite of Avery ; I will go to Connecticut, whore 1 ai:i not known, and write a certificate myself, as I have done before." S'le also confessed to me the ndo to a tavern on a Sunday ,and that she used to spend evenings wilh a young store keeper at Lowell in his counting room. On several occassions I thought her conversation was very strange ; and on one even ing particularly. She had been turned outof her boarding house and came to me to make known her troubles. She reviewed her past life, and said her character had once been as blameless and unsullied as that of any person living; her feelings during this conversation quite overpowered her; she threw hor arms around my neck and wept aloud. When she spoke of her temp- tation to destroy herself she leoked so wild that I was quite alarmed. On another occasion she came to me in the factory and talked of her unhappy circumstances till she cried exceed- ingly ; but the moment afterwards she talked of other matters, and laughed so loud that she might have been heard all over the room. Cross-examined.—She seemed to feel most severely for the loss of character she had suffered in consequence qf her expul- sion from the church. I thought she expressed herself rather in the spirit of revenge and pride than of piety in these conversa- tions ; for she said she had been a member ofthe Methodist Church too long to be turned out by Avery. I am not certain my memory is coirect wilh regard to her having confessed to tbe charge of theft in her It lier to Mr. Avery; indeed she did noi confess it, but admitted lhat she had been somewhat to blame in the transaction. The other charges she did confess. She said that the alt erupt she bad made to kill herself was but a few evenings before she told me. I do not recollect to have ever mentioned these conversations until after her death. I understood her to say that her certificate was in the handwri- ting of Mr. Avery; she never told me that she had slept one night at his house. The intimacy which she mentioned between herself and the youny man at Lowell,she seemed to describe as a Courtship, and never alluded to anything which implied an improper connexion bet wet n them. I last saw her at Somers- w< rth about two years ago, when she was turned out of the mill; I don't know that she was turned out, but she went away no body knew whither; I sometime afierwards received a letter from her dated al Boston, icquesting nie not to tell anyone where she was, for she was grc&tly in debt. I suppose I was the most intimate friend she had at this place, and she went to Dr. Graves late one night when she bad not, been able to speak to him during the morning, and that he hud attempted to take improper liberties with her. She seemed very anxious to join a class at Great Falls, and although she was not admitted a regular member, she generally ai tended the class meetings, and her attendance at church on the Sabbath was as regular as that of any nit«iber. She said Doctor Graves had de- manded more of her than she owed him, and complained of his having violated his professional confidence in speaking as he had of her disease. Direct resumed.—She neither confessed nor denied that she had the venereal disease, and did not tell me what had been the mattor with her. 23. Mary E. Warren.—I knew Maria Cornell at Greai Falls two years ago; she said she would get into the church again if she forged a certificate: that she either had made or could make one which no person would kiio.v from Broth Avery's. She said she had bt->n ill used in her expulsion from the church at Lowell, and would be revenged on Avery if it cost her her life. She told me :he had been tempted a num- ber of times to drown herself in ihe canal, and that she thought she should jump in yet. Cross-examined.—I did not mention these facts to anybody until after tins affair, and I first mentioned them to Mr. S questioned me as to these facts before I mentioned th«m to urn, but he inquired ■ spoke of it to me she waslof her confessions was, that when going from class meetingone nigfoy excited and weeping. I .!■. n't know whether Mr. Storrs'niglit, a young man had made certain propositions to her, which 27 she at length acceded to for $5. My wife being of opinion thai she was a bad character, I requested her to leave the house. Cross-examined.—I never had any apprehension of her committing suicide. 28. Thaddeus Bruce.—I first became acquainted with a young woman, called Maria Cornell, in the year 1822 or 3, at Jewett Cuy, (Conn ) She sought and obtained employment in tbe manufactory there, and worked in the rotm of which I bad the charge. She stated herself to be a member of the Congregational church at Bosworth. I had observed hercoin. out of ajvacant building two or three times lale in the evening, accompanied by a young man, and spoke to her about it. She confessed lhat she had been led astray, expressed her contri- tion and her resolution to do so no more. Her conduct after this was uo better, and she was dismissed the factory in aboui tkree months after she came. In the spring of 1824, I saw her again in Slatersville, where she passed by the name of Maria Snow; and when I called her Maria Cornell, she denied that it was her name, but afterwards came to me and said, she was sorry she had altered her name, but had been induced to do so for the purpose of concealing her residence from her parents, an-l because she once knew a pretty girl ofthe name of Maria. Her character in Slatersvilie was bad, and she associated with lewd company. In 1825 she joined the methodislchurch there, and appeared to be very penitent. I left her in full connexion wilh the church, but she was subsequently expelled, and then applied for admission into the church at Pawtucket. Her cha- racter was generally bad. Cross-examined.—The charge against herat Slatersville was keeping company and walking the streets with young men, whose characters were reputed to be bad. I admonished her, and she confessed the fact, but she confessed to nothing like fornication ; 1 did not accuse her of this crime, nor did she ad' mil that she was guilty of it, I met her occasionally in Paw tucket, at ciass-meetings. 29. Zilpah Bruce.—I am the wife of the last witness, (and having deposed to most ofthe particularsin his testimony, add- ed) Maria Cornell was of rather small stature, had dark hair, dark eyes and red cheeks; and she said her age was then nine- teen. I was satisfied from her appearance at Jewitcity that she was pregnant; she looked large, and I mentioned this fact to a circuit preacher of the name of E.G.Taylor. Chief Justice.—Has any fact eome within your own know ledge against the chastity of the deceased ? Witness.—Chastity, Sir! I dont understand what you mean by chastity; her character was that of a loose young woman. 30. Philena Holmes.—I .reside near Slatersville in Rhode Island and knew Maria Cornell there in the year 1826. She requested to be allowed to stay at my house until she could get work. I asked her why she did not go home, she said first she had no home, and then she said the man who had married her sister, was first engaged to her, and she meant to be revenged on her sister, and had made the attempt to drown herself but prevented by the man she boarded with. She also said her sis- ter was jealous of her. This was all the conversation she had with me. Cross examined.—She did not tell me the name of the man that had prevented her drowning herself. She told me of but one attempt to drown herself; but did not tell me when or where it was made. She told me the name of the man who married her sister was Grindall Rawson. I stated this to my husband at ihe lime. 1 have not stated it lately, except to Mr. Blake since I came to this place. I often mentioned it after the death of Miss Cornell, in Slatersville. Mr. Arnasa Tay- lor of Nonhbridge, asked me if I was willing to attend court. 31. William Holmes—la 1824 at Slatersville, I knew Miss Cornell; she called herself Maria Snow. Her character there generally speaking was not good. In July or August of 1825 she made profession of religion and was baptized in August by William Taylor. She confessed her sins and promised to re- form. For a while after she seemed to do tolerably well, but she soon got off her guard. We reproved, and she confessed herself guilty of keeping company with improper persons, and of lewdness. After Mrs. Bruce came there, she went by boih names Maria Snow and Maria Cornell. Baptized by name of Maria. She was dismissed from the church on the charges of fornication and lying. She was admonished by me and others. When she left Slatersville her character for chastity was bad,and she confessed herself guilty of fornication. She remained but a short time at Slatersville, after her expulsion from tho church. Cross examined—T\\e charge before the church in Slaters- ville, was not reduced to writing. Her character was bad while she was in fellowship with the church. The charges were preferred to me as class leader and I laid them before Mr. Rawson the minister, but not in writing. 32. Susan tVatton.-1 reside in Lynn, (Mass.) I was ac« quainted with Miss Cornell in Dorchester, in 1827, by the name of Maria S. Cornell. In conversation she staled lo me, that in consequence of disappointment in marriage, she went to the river, with a bible in her hand to drown herself, but her courage failed her. She confessed herself guilty of profanity, but noth- ing more. She said she was tried before the church for pro- fanity, but did not tell me the result. She was charged with heft before ihe church of which I was a member. She related nothing to me about that. She left Dorchester about three weeks after she was brought before the church. Cross examined.—She did not tell me when, or where he attempted to drown herself. She said she was tried before the meihodist ehurch for profanity. I did not at the timecem- innieale the conversation. First mentioned it after the death f Miss Cornell, to Rev. Mr. Bonner. She was acquitted before the church in Dorchester, for want of sufficient evi- dence. 33. Mary Hunt.—I reside in Milton. I first became ac- quainted with Miss Cornell in Dorchester, in 1827. She ap- peared strange or absent-minded. I told her once she appear- ed to be crazy ; she said she had been told the same by others ; that she had been disappointed in marriage, which produced a great effect on her, and that she had attempted to make way with herself. She said the man to whom she was engaged mar- ried her sister. She was well edusated. Since she was charg- ed before the church o. theft, her character has been bad. Cross-examination.—After that charge she has spent soma time in respectable families in Dorchester on visits. 34. Rebecca Fuller.—1 reside in Canton, Mass. I knew Maria Cornell in Waltham, between July and August, 1831. She told me she had been unfortunate, had no clothes nor mo- ney, and wished me to keep it secret from the methodist people that she was at my brother s house. I found out afterwards that she iiad good and rich clothes. She showed mc a number of letters, one of which was from Rawson; she said ho lived in Providence, and had married her sister. The letter began as follows: "My dear sister Maria, it rejoiceth my heart ex- ceedingly to hear you say you once more love God and con- tinue with his dear people." I saw a copy of another letter to the Reverend Mr. Aveiy, in which she confessed her faults. She left our house in a strange manner; left her clothes and trunk with us, for which I reproved her; she burst into a flood of tears, and said we had many acquaintances in Lowell, and as my sister had gone there she feared on her return she would bring back the reports relating to her. She said her character was so bad that she was obliged to move' from plase to place. She was so affected that she could not read the copy of the let- ter to Mr. Avery, but gave it to me to read. It was a confes- sion of her guilt. She in it stated that when in Lowell she was unwell, and wenl to Dr. Graves to consult him. The first even- ing he could not attend to her, but requested her to call at 10 o'clock the next evening, wnich she did. On her entering his office he locked the door, put his hand round her waist, and told her she was a pretty girl. She told him he must not treat her so, as she belonged to the methodist society. The next time she went to him, she showed him her certificate to convince him she was a methodist. He threatened if she didjjot comply with his wishes to inform Mr. Avery that she had trie bad dis- order. The letter contained confessions ofthe charges that had been brought against her and prayed for forgiveness and pardon She said she haled Avery above all flesh living, but loved tho methodist people as she did her own soul. She showed me a certificate from a clairch in Dorchester. Cross-examined.—My testimony has not, to my knowledge, been by any one reduced to writing. I have told it to many, particularly after I saw Miss Cornell's death in the papers. I conversed wilh ihe Rev. Mr. Palmer about it. Direct resumed.—I belong to the Baptist church in Canton. THIRTEENTH DAT. Monday, May 20,1833. 35. Samuel N. Richmond.—I reside in Providence and am a dealer in dry goods. I knew Miss Cornell; her sister after- wards married Grindall Rawson. I never had but one inter- view with her, and that was in Providence nine or ten years ago. [The witness was here asked if he knew of her having committed a theft in Providence. The Attorney General ob- jected to ihe question as being irrelevant to the issue. Tho question was argued by Randolph and Mason, who contended that the testimony was relevant as showing the moral condition f the deceased ; that immorality had a great influence over all men, and occasioned many to eommil suicide. Tbe court asked Mr. Mason if he could refer to a deeided case where such tei- timony was ever ruled in. Mr. Mason replied he had not such a case at hand; but that the question of sanity and insanity "presented a broad issue, and opened an_inquiry into the party's 28 life. Attorney General—The public prosecution has been verjlihere. I heard one discourse and part of another Avery - [came to our house on Thursday past 9, wilh Rev. Mr. Cran- dall; not much if any past 9. They both staid at our house that night and lodged together. They left my house on Friday morning for their homes. They did not at any time, before Fri- day, go to the camp ground in Avery's chaise. They left on Friday soon after breakfast. No female called on Mr. Avery at my house. I never saw or knew that there was such a person as Maria Cornell, until after her death. I know it to be a fact hat females have the monthly sickness alter pregnancy. Il once happened to myself and to anoiher person, on whom it continued three or four times. The person I spoke of was in ordinary health; so was I. This happened when pregnant with our first children. I had the return but once aftir pregnancy, Cross examined.—My father Elliot's is a large half mile from our house and 'about a quarter of a mile from the camp ground. 39. John W. Elliot—-I reside about three fourths of a mile from where the camp meeting was held in Thompson. Mr. Avery came to my house between sun dewn and dark on Tues- day evening: I was at my father's when he arrived there,and went with hun te ray house ; he did not go on ihe camp ground lhat night; I put Mr. Avery's horse and ehaise in my barn; they were not after wasds used by him until he slatted for home. Mr. Avery first went on the camp ground between six and seven Wednesday morning; I wtnl to the ground a number of liberal in admitting testimony, but he thought he was bound u object to this testimony as irrelevant. He disputed the premiso of the learned gentleman, that a person who nine or ten years ago committed theft, was more likely to commit suicide, than a moral man. If this act of theft is admitted to be proved, the prisoner may prove the whole history of the girl's life, from the cradle to the grave. The court decided that the evidence of- fered was irrelevant, and not admissible to show that the de- ceased committed suicide,but might be admitted toshow a de- praved and abandoned disposition.] I saw Miss Cornell at Mr. Thurber's ; her sister, who married Mr. Rawson, was pre- sent ; Miss Cornell stated that she had taken goods from my store, which she would return or pay for, the amount of which was small. I staid wilh her about half an hour. I never knew any thing more about her. A part ofthe goods were restored. She admitted that she had stolen goods also from Mr. John R. Carpenter. The amount that she took from me did not exceed five dollars. It was full 9 years ago. Cross-examinedtg^Mrs. Rawson was not in the slightest de- gree implicated in the affair. She was not then married. 36. Charles Hodges.—I reside in Providence, and have re- sided there ever since 1805. I am in the dry goods trade. In the fall of 1822,1 saw a girl in my store, who cailed herself Ma- ria Cornell; I suppose it was the deceased. She saw a piece of silk, and wanted a dress from it, but was not prepared to pur chase, and I trusted her for it. Some time after the month of'times on Wednesday; I don't know lhat I saw Mr. Avery on January, 1825, she confessed lhat she had taken goods from me. jthe ground lhat day. He returned to my house that evening She did not say what articles she had taken or their value. Athetween 9 and 10. Peter Sabins was with him, bui I cannot say first she denied, then afterwards confessed she had taken all whether they came in together or not. I do not know that he the goods which I nad missed. She was in my shop half a do-Jleft the house after he came in. Sabins slept wilh lum. He zen times, and would go to the back end of the shop and ap- went on the ground soon after breakfast on Thursday between proach me as if she had something lo communicate, when in fact IG and 7; I am not positive, but think Mr. Sabins went wilh him. she had nothing. At Pawtucket, when she confessed the theft, He returned home on Thursday with Mr. Crandall not far she would one moment ery and the next smile. I knew al the time that Mr. Rawson was paying his addresses to her sister.— Some of the articles I think were retitfned and the others paid for. The whole amount was from five to six dollars. She bore the character of a thief; that was her general character among our shopkeeper from 9 o'clock. Mr. Crandall slept with him thai night; they left my house in Mr. Aveiy's chaise next morning lo return home, and did not corns back. Cross examined.—I was at my father's barn when Mr. Avery arrived ai his house ; I saw him first when he brought his horse to ihe barn ; he wanted to stay there but ihe barn was full. I Cross -examined.—This is all I know about her. She said shejdon't know whether Mr. Avery stopped any time at my father's was then visiting in Pawtuckei when I saw her there. Ii was before I saw him there ; I was at the barn when I first saw hun, in the year 1823. I judge from recollection. I never saw herjSabms is a preacher ; I did not know Maria Cornell, and saw afterwards. ino one who went by thai name; I did not see Mr. Avery with 37. Jonathan Cady.—I r« side in Providence, and "was at the any female I did not know,'on or near the camp ground; I do Thompson camp meeting. I went on Tuesday, in company not recollect that Mr. Avery gave any reason for leaving the wilh the Rev. Mr. Horlon and the Rev. Mr. Avery. I overtook ^anip meeting on Friday, before it broke up. Mr. Avery at Mr. Cady's tavern, about 20 miles from Provi-| 40. Gloe Elliott: I reside in Thompson, about a quarter of dence. I think Mr. Avery did not go on the camp ground that a mile from ihe camp ground ; my husband's name is David evening. I found him next morning at Mr. Elliott's, about aEllioit; Mr. Avery did not at any time during that camp meet- mile from the camp ground, about sunrise. I went on the camp ing call for a room at my house; 1 do not know that Mr. Avery ground. On Tuesday night I parted with Mr. Avery, about 20 was at my house at any time during the camp meeting. I knew minutes after sunset. I saw Mr. Avery several times on the him, but did not see him at my house. Mr. Avery was former- camp ground on Wednesday. I saw him in the afternoon at |y a minister on that circuit, and that is the way I knew him. at ihe preachers stand, during the services, which commenced [Here the court told Mr, Randolph that he must not put lead' at 2 o'clock. I saw him and conversed with him in the evening, at the commencement of the services, which were at half past 7 o'clock. I conversed with him five or ten minutes, and he then went towards the stand. I did not see him after that lime that day. I saw him on Thursday in the tents a nnmber of times, but eannot say the hours. I merely saw him as I did other preachers that were there. Cross examined.—I eannot tell how many times I saw him on Thursday. On Wednesday evening I conversed with him about the discourse of Mr. Griffin, who* was then preaching. When I overtook Mr. Avery on the road when he was alone in the chaise; at Mr. Cady's he took in Mr. Horlon's son and carried him to the ground, I don't recollect that Mr. Aveiy took any part on the stand in the religious ceremonies. He did not to my knowledge deliver any discourse to ihe congregation. Mr Avery left the camp meeting on Friday morning in company with the Rev. Mr. Crandall. 1 left the meeting on Friday afct I presume it broke up on Saturday morning. Direct resumed.—Old Mr. Elliot lives about a mile fron young Mr. Elliot's. 38. Sophia Elliot.—I am the wife of John Elliot, we livt about three quarters of a mile from the camp ground. Mi Avery came to our house about early candle light on Tuesdai ef the eamp meeting. He did not go to the ground that night He remained at our house that night and went «n the groun. between 6 and 7 next morning after breakfast. I did not go oi the grwund that day. He came back on Wednesday evenm; between 9 and 10. He and brother Sabins lodged together u one bed that night. I think they came together, but don: know. After breakfast on Thursday he went on the ground ing questions to the witness.] Cross examination: There were a number of the metho- dist ministers and the society at my house during the meeting; but if Mr. Avery had been there, I think I should have seen * him; he was on that station ten or eleven years ago; I had not seen him since he left the station up to the eamp meeting. He preached on the circuit a year. He was often at my house hen, and 1 attended his preaching. Direct resumed: I once knew a female, nine or ten years since, who had her sickness a number of times, thai is, three »r four months after her pregnancy. The person lived in our house, and it impressed my mind as something extraordinary. 41. Rev. Elias G. Scott: I am a clergyman, and reside in Ashford ; I was at the Thompson camp meeting: I arrived here ihe 27th of August,on Monday, the first day of the mset- ng, in the afternoon; I saw Mr. Avery first on the ground on Wednesday morning, between 7 and 8. 1 got a boarding place for him at a tent, where he could get refreshment; 1 hink at the Plamfieldtent. He said he should not stay on tbe ground at night. No recollection of seeing him afterwards on VVedntsday until evening, when I saw him during the public ervices, near their close, in front of tbe stand opposite the en- ani(-»ient. It was probably about half past ti;-ht o'clock. I unversed with him some minutes, and did not ste bim after- wards that evening. I taw him on Thursday near the preach- r's stand, betwetn 8 and 10 in the forenoon, and conversed . ith him several ruinous. I saw him again in iht- afternoon at : o'clock, at the preacher's tent. He remained wilh me until he public exercises closed, probably half past four" o'clock. I was there on the afternoon of that day. I did not see Averj | .ext saw him as early as 6, at the Weston tent. I foil lum 29 there as the sun was setting. The surrfet at 36 minutes past ^.Tuesday the 28th of August. I saw Mr. Avery there on Wed- s'clock; there was a prayer meeting at the tent; heintroduoed nesday morning from seven to half past seven: We were to- the services there, and prayed twice. The meeting commen- ced as early as 6 o'clock ; Mr. Avery was, I should judge, in the tent with me more than half an hour. On Thursday mor- ning, between 8 and half past 10, I informed Mr. Avery that there were bad characters on the ground; he informed me thai one of them was the Cornell girl whom he had expelled from tho church at Lowell for lewdness. He told me under what circumstances he saw her on Thursday morning, and that when she cast her eye on him she dropped as though she had been shot; I don't recollect any further conversation about her. I inferred from his expression that she meant to conceal herself from his view. On Friday morning, soon after breakfast, I saw him in his chaise ; don't recollect that any body was with him; he was then at Mr. Elliott's house. I conversed with him 15 or 20 minutes. I think he drove off and left me ; he bid me good morning; I dolnot recollect that any person joined him. Cross examination: I think the service on Thursday eve- ning began at the usual hour, at half past 7. Mr. Avery came into the tent after I was there. I do not know where the Mud- dy Brook tent was ; there was such a tent; I have no recollec- tion of seeing him with any female that I did not know ; I do not know Miss Cornell. My impression is, but I am not posi- tive enough to swear to it, that I saw Mr. Avery on the ground on Thursday evening when the horn sounded. When I spoke {ether but a few moments and had some conversation. I next saw him in the afternoon of the same day, probably from 4 to » o'clock: I named to him that Maria Cornell was on the 'round: we expressed a regret that she was there, and agreed hat it was our duty to inform the people at the tent where she joarded of her character: I think Mr. Avery must have com- plied with the agreement, as the people of the Western tent knew she was there, before I gave the information. Mr. Avery :onversed with me about her expulsion from the church and the :auses. The first I ever heard against Miss Cornell's charac- ter was at Lynn. Mr. Avery took tea with me at the Weston tent; the tea hour was half-past 5. I don't know how leng he remained there; I next saw him at noon on Thursday, and he dined at the Weston tent wilh me. I don't recollect how long he remained there. Between 5 and 6 I saw him again near the Weston tent, and conversed with him, was with him between 10 and 15 minutes. I also saw him at the Plainfield tent at tea, at about half-past 5. I left him there probably a quarter before 6. He was at uie Weston tent afterwards at a prayer meeting. I do not recollect which of us left that tent first. He was there atthe sounding of the trumpet. I sawnothmg more of him that evening. I saw him on Friday morning in his chaise alone, that was the last I saw of him. I have been acquainted with Mr. Avery for 9 years, intimate for the last 5 years; his character to Mr. Avery about bad characters, I referred to females. I do has been good since I knew him. MissCornell's character in Lynn not know that measures were taken to remove Miss Cornell was bad ; she was there between 2 and 3 years since. I was from the ground. I received my information relative to bad Istationed there; she said she came thereto enjoy religious privi- characters being on the ground from the Rev. Mr. Merrill. I leges, and wanted a place in my family; I got her a place where I have known Mr. Avery for five years. I invited him myself to attend ihe camp meeting. (Here the witness described the various places where Mr. Avery had been stationed as a prea- cher.) I remained on the ground every night from the first night until the meeting closed. she stayed two or three weeks and was dismissed. She left the place without seeing me. She was received on a coTtifii- cate into the church at Lowell over whieh I was. I knew nothing then against her character. I knew her character to lhave been bad in Lowell before I saw Mr. Avery at Thomp- Direct examination.—The first conversation I had with Mr.json. I saw Miss Cornell at the rhorapson,Camp Meeting; at Avery relative to Miss Cornell, was two years ago next Sep-jfirstI did not know her on account of her large green glasses. tember. He mentioned the lewdness and other crimes of the On Thursday she came to shake hands with me and said, bro- Cornell girl • Mr. Avery's character is good ar far as I have the means of knowing, 42. Phinneus Crandall.—I reside in North Bridgewater ; I was at the Thompson camp meeting ; it commenced on Mon- day the 27th of Bugust, and terminated the Saturday following; [ saw Mr. Avery first at the meeting in the afternoon of Wed- nesday ; I wished to see him to know if he could give me a sect in his chaise to Providence on Friday. I was with him 10 or 15 minutes: I saw him frequently in the course of that day ; ther Merrill will you forgiVe me; she was much affected, and said she believed God had forgiven her, aBd it would be a satis- faction to know I had forgiven her. I told her confession would not secute my confidence, nothing would do but a well ordered life. She lefl me. When I was at Lynn Mr. Avery was sta- tioned at Saugus, and used frequently to pass my house, that is ail I know about his rambling. He walked towards Nahant, which was a place of resort. Sometimes he would have his children and some times be alene, and from his passing my I have no recollection of seeing him particularly after that time house frequently and not calling, I thought he was peculiar in until next morning. On Thursday morning proposed that I his habit of rambling. I may have seen him pass so during the should leave the camp meeting with him that evening after thelyear I was at Lynn, a number of times in the course of each services, and goto sleep with him at Mr. Elliot's. The conver- week. It attracted my attention. Recess til! 3 P.M sation took place about noon. I again s*aw him in the afternoon at or near ihe stand, at the close of the service, not far from 5 o'clock. I was with him but a few moments ; I asked him to take tea with me at our tent, and ee concluded to; he took tea with me ; he left me a short time and came to the tent about half-past five. It was one of the Plainfield tents; we were then together about 30 minutes. I do not know where he went from[that place; I left him at tho tent; I next saw him immediately after the closo ofthe public exercises in evening about 9 o'clock. I am wrong, I saw him as I was going on to the stand at half past 7, and he agreed to meet me where he did. I preached myself that evening When I came off .the stand I found him waiting*for me,and we went off the ground together lo Mr. John Elliot's. There w conversed perhapsjan hour before we retired to bed. We slept together. Mr. Avery was not absent from me after I came off the stand until the next morning. The next morning we got into the chaise and rode on to the camp ground. At old Mr. Elliot's I left the chase and went on the ground to get something I had forgotten, and left Mr. Avery alone in the chaise. When I re turned I got into the chaise with him and rode to Providence. I first became acquainted with Mr. Avery about 10 yeais ago. 1 have never known anything against Mr. Avery's charhcter. I have never heard any thing against his character until I heard he had murdered a woman. What I have heard of him ha? been favorable. When I knew him intimately, which was a few years after I became acquainted with him, his character was good. I have heard nothing against Mr. Avery's character until the present case. Cross examination.—I first became acquainted with him ir Connecticut. I have never known Maria Cornell. I did not at tbe camd meeting see Mr. Avery in conversation wilh anj woman lhat I did not know. 43. Abraham D. Merrill.—I reside in Lincoln, Mass. I was at the Thompson camp meeting. I arrived in the morning Cross-examination resumed. Mr. Avery was in the Wes- ton tent when I got thereon Thursday; 1 saw him ihere at about sun-set, and he remained there all the time, untill the horn blew at half past 7. I was not questioned on this subject in Bristol and said nothing about it. I thjnk when I mentioned to Mr. Avery that Miss Cornell was on the ground , he said he knew it. I saw nothing improper m the conduct of the deceased while on the camp ground. I heard nothing against Miss Cornell while she was under ray pastoral charge at Lowell ; she was active at our prayer meetings. She was admitted to my church o-, a certificate from Dorchester. I know nothing but that Mr. Avery's temper is good I may have said that in illusion to his preaching that he was a man of warm tempera- ment. I have not said any thing against his temper in any other relation. The bad characters I alluded to were removed from the ground. I did not allude to Miss Cornell. I think Miss Cornell boarded at Muddy Brook tent.t Mr. Avery was not present yvhen Miss Cornell asked my forgiveness. When I received letters pertaining to the church business, on ■ caving a station, I usually left them for my successor. I staid it Lowell, I think one year. I know of no charges against Mr. Avery, but a lawsuit against him for defaming the character of in individual. 1 have not seen and examined witnesses in this :ase very particular, out of court. Direst Examination. . Before Miss Cornell spoke to me at Thompson as I have before said, I had told the tent master she ■Tas a bad character. Letters of acknowledgment from an •xpelled member I should not consider as records belonging to he church. Mr. Avery was persecuted in Massachusetts for lefamation of character; the subject was examined in an ec- :lesiastical council and Avery was acquitted. There have been io charges against Mr. Avery separate and distinct fronvthe aw suit referred to. Our practice is on leaving a' statio?F to lestroy unimportant letters. A minister and a committee should decide on the sufficiency of a confession made before 30 confession made before expulsion, the minister would lay i k'les were lit. He remained there until the lamps were lit. I did before the committee or not, at his discretion. The ministt can receive any per«oU en probation. 44. Rev. Henry Mayo I reside in Mansfield, Conn an was at Thompson Camp meeting ; I arrived there on Tuesdai 28th August. I saw Mr. Avery on the camp ground on Wei nesday morning between 7 and 8. I took him into the Wcsto tent, was with him most of that day, was with him and heard sermon, but don't know who preached. It was from half past I to noon. Saw him two or three times between then ami nighi H came into the Weston tent just before night and I think h took tea there. After tea I went to Mr. Elliott's and returnei about 6 and found Mr. Avery there, and we remained then together until the horn blue which was half past 7. When th< horn blew he. got up to go and asked me if I was not going ti meeting. We went and staid outside of the congregation unti the preacher had laid out his course ; we then went into thi preacher's tent where we staid until about half past 8. I saw ■e more of him that evening. I saw him on Thursday morn >t hear the horn thai evening to my recollection. I saw Miss fornell on the ground two or three times. On Thursday sho ■ tood before me at the meeting and I remember tbe remark my usband made the same as ho has related. Miss Cornell spoke o me in the afternoon. She said the Lowell preacher is here. dr. Avery. I said Mr. Merritt it also here. She said she had poken to Mr. Merritt. I lold her Mr. Avery was in our tent. md she passed away immediately. I went into the tent, nnd n being asked who it was I had been talking to, I replied Miss Jornell, and undertook lo point herout to some person,but could iot see her, and Mr. Avery by his looks,reproved me for having loticed her. Cross examination.—Mr. Avery said something to me but I lo not know what he said. I told him I was sorry for hav.ng lointed her out, after I saw that he disapproved of it. The per- «ons she was with were strangers to me. I noticed no improper conduct in Miss Cornell. I knew Miss Cornell at Lowell. She was a member of the church at that time. While Mr. Merrill ing in the preacher's tent about half past len. He came on th.j preached there, I knew nothing against the character of Mifi ground between 7 and 8. Brother Hurton »preached ; wtjCornell. I saw nothing in the appearance of Miss Cornell at made sonic remarks on the sermon. Mr. Avery_ took Thompson, that warranted the remark made by my husband dinner with us between 12 and 1 at the Weston tent. I have no recollection of seeing him but a short time after dinner. He must have been there from 12 till 2 most of that time About half past f. he again came into the Weston tent. H< staid but a short time and went elsewhere to tea. I went to see to ray horse and on my return he was in Weston tent A prayer meeting was about closing. He remained there until half past 8 o'c.fock. We talked about faith and grace. I stepped out of the tent and my attention being attracted by something else, Mr. Avery came out without my seeing bim ; I passed towards the preacher's tent and saw him conversing with a man under a tree. I went on and before I got into tent, Mr. Avery came there I think with brother Crandell. Before we went together into the tent, the sermon was finish- ed; he went out ojJ)'ihe tent and shortly after returned into it with brother Crandeli, and shortly after they left it to- gether. The preaeher's tent was diredly behind the stand The Weston tent was about 10 rods off. From sun down until the close of the meeting at 9 o'clock, Avery could not have been out of my sight more than three minutes. I saw a person there on Thursday morning about 7 o'clock, who some one told me was Miss "Cornell. I remarked to ray wife she ought to be married to save her credit. The manner she walked and her clothes noi being quite large enough to meet behind led me to that opinion. I did not see her in front. I saw her, as sailors say, rather quartering. She had the ap- pearance of being pregnant. Cross-examination—Her walk was irregular and not such as young ladies ordinarily had. Her clothes were open behind 46. Rev. Samuel Palmer.—I reside in Stoughton, Mass. and was at the camp meeting in Thompson, last August. I arrived on Tuesday. Saw Mr. Avery on the camp ground about half- past 11. When the exercises closed I went and spoke to him. I saw him again at the stand that evening soon after the exercises commenced, which was a few minutes past half-past 7. I saw him in the preachers' tent, sitting on a trunk, and afterwards, near 9 o'clock, I saw him passing off ihe ground alone. On On Thursday, at noon, I saw him going into the preachers' tent. At 2 o'clock, I saw him in Grafton tent, and conversed with him. I remained there but a few minutes. I next saw him coming to the stand just after the horn blew, which was a littlo before half-past 7. A few minutes after I saw him conversing in the preachers' lent with brother Mayo. This was while they were singing. I went out and wa3 gone about 15 minutes, and then returned and remained with him, until he left the ground with brother Crandall. I saw him next morning (Friday) in hia chaise. He and Mr. Crandall came up to the camp ground ; as ihey were passing from the preachers' tent to the chaise, bro- ther Crandall said he had forgot his cloak. Mr. Avcrv said he must go and get it; and Mr. Avery got into his chaise alone and drove to the road where he stopped. Cross examination.—I did not see Mr. Crandall got into the :haise. He went to ihe house after his cloak—Mr. Elliott's house. I cannot name who was in the tent on Thursday eve- ning, except Avery, Mayo, and myself. San ford Benton and others were there. I remember Mr. Avery, because I was di- rectly by his side, and a good part of the time I had my hand in his. During the sermon some persons went in and out the abouthalf an inch. I cannot say there was any mateiial differ -Stent. Idon't recollect any conversation except with Mr. Avery, ence from her common size. I did not know the ladies she was with. I think I have seen one of the ladies in this court house. I have seen her in town this day. Her name was Pdrmclia. I should have noticed Mr. Avery's absence from the tent 10 or 15 minutes that evening because we were together in the tent.— Brother Palmer was also present in the tent; he went out and was gone abeut 15 minutes. On Thursday night he went out of the Weston tent but 2 or 3 ni.nutes after the horn blew. I had never seen Miss Cornell before that meeting. My wife pointed her out to me. Ireride in tbe north parish of Mansfield. I am acquainted with a gentleman by the name of »)torrs. I had a conversation wilh Mr. Fuller in his presence relative to the trial of Avery. Mr. Fuller was always talking to me about Mr. Avery. He shewed me the trial, and I asked him what he gathered from u. He said he could get nothing. I ironically said the magistrates were not compel--nt, &e. Iliad other con- versations with him on the subject of the universal doctrine.— Mr. Storrs said, then you think Mr. Avery ought to be acquit ted guilly or not. 1 told him he misunderstood me. I said 1 was with Mr. Avery Thursday evening of thecamp meeting. 1 am dislantly connected with Simeon Mayo, and have knowi him ever since I was a boy. Direst examination—Fuller said lhat justice would not be done, Avery, because he was a free mason. 45. Betsey Mayo — \ saw Mr. Avery at the Weston tent oi Wednesday forenoon. I saw lum a number of times that day- He was at lhat tent at tea. H" slatd in the tent some time aftei tea; I cannot tell how long. I saw him Thursday morning ir the same tent, soon after breakfast. I also taw lum at noon. and in tho afternoon before tea in the Weston tent. He dn not take lea there, but returned directly after tea and sta d un- liil after meeting tim-. I think there was a prayer meeting it lhat tent after tea. He opened tho meeting and prayed ai';e it was opened. The. prayer met ting was over before tho can and but a little with him. I understood Mr. Crandall that, he had lefl his cloak, but it might have been something else. 47. Patty Bacon.—I reside in North Woodstock,am 45 years old and have had 9 children. I was at the Thompson camp- meeting last August. I sawMariaCornelltherein North Wood- stock tent; it was called Muddy Brook tent. She came into our tent on Thursday. Sister Waters said it yvas a girl; I said it was a married woman, or ought to bt. I saw hor change her dress, and I asked sister Waters to look and see. I looked over when her dress was off, and judged from her countrnanoe and appearance. I saw her bosom. Her countenance looked as if she was pregnant. I cannot in particular tell the appear- ance of her bosom. Her countenance was pale and sickly. I did not observe her bosom. She said she was much out of health. I never saw before or since. She took ofl'her specta- cles and looked different with them off. She looked very un- well. Cross examination.—I observed she was pale, before sho wont into the inner tent. Her eyes were black. I have known many females look pale that, were not piegnr.nl. From her pale face, dull eye, and not. bring very well, 1 judged she was pregnant. Many women do not appear so without being preg- nant. Her bosom was rather full. I don't knew --be was ary fuller than usual. I first informed the Uev. Mr. Jennison of these facts.—There is a great difference in the appearance of ihe bosoms of women who arc not pregnant. I never lold liny person that some one inquire.! at the tent for Miss Cornell. I was not examined in Bristol. Mrs. Waters is ii. this town now. 48. Alnura IValcrs.-l was in the Muddy Brook tmi with Mrs. Bacon, when Mis* Cornell passed through. I saw her and looked over the partition at her, when rhc was changing her dress. I thought it possible lhat Misa Cornell wu pteynant, but I did not, know. She had a pale counfo-nauce. 31 Cross examination.—I should hafo thought nothing abou'jnoor, and appeared much distressed: she had no clothing; her being pregnant, if Mrs. Bacon had not made the remark. 1 did not know Mr. Avery. 49. Polly Horton.—l reside in Woodstock, and saw Miss- Cornell at the Thompson camp meeting. On Tuesday sh. asked me if I knew where she could get a place to board. A young man came up lo her—she palled him on the shoulders, and said she would have to go to Elliott's to board. He had on light-coloured pantaluons, palm-leaf hat with green tininc, aiu blue coat. Not a tall man; thick set and full face. I do noi know the man if I should see hun. That was improper con- duct. Cross-examined.—I had nothing against the girl before sht patted the man on the shoulders; I then left her. The vouna man asked her if he should carry her trunk to Elliott's, i don'i know Mr. Avery. I have seen Mr. Rawson of Woodstock. I live a mile and a quarter from where he does. I have seen Miss Cornell at Meeting with bis family. FOURTEENTH DAV. Tuesday, May 31,1833. 50. Milton Daggett.—I reside in Weston, and wa3 al Thompson camp meeting last August. I first saw Mr. Avery on the camp ground about 7 o'efock. I invited him to board wilh me. 1 again saw him at noon, ar.d at 4 or i> o'clock, at WestoH tent, where he remained about half an hour. He took tea at that tent. I again saw him on Thursday morn- ing about 9 o'clock: he took dinner with me at 12, and staid about half an hour. Saw him again about half-past 5, at Wes- ton tent, where he remained about 15 minutes; he went out be- fore tea, and returned a little before 6, and opened a prayer- meeting,! which continued, I should think, from half to three- quarters of an hour. I did not see him leave the tent that even- ing until after the horn blew. I do not know for a certainty that he was in the tent every moment ofthe time, from the prayer meeting until the horn blew. Mr. Mayo and his wife, my wife ind Mus Whitney, were there present. The last I saw of him .he told me that her mother died of lypus fever at Norwich, Connecticut, and they had taken all her clothes to pay he doctor's bill; she left tho place before we iieard her real iame. Soon after she left, I ascertained her name was Maria C irnell; it was but a few weeks after. Sin- told me ; Avery unlil a few minutes alier half past 8. Me came"as"rie"ar that iiour'as we could.*" I d7riot"recolTect "seeing !ouk b"-/*fast at my house ; n few ruinwles after half pas;*he left my Mr, , „ m -j • i n/r » r j i house .ilone. observing he had an errand at brother rulier's with r. Crandall on Friday morning wilh Mr. Avery. I did not !mnne|. H»lioway, and that brother Ire- on would attcml pravers wiih know Miss Cornell, and have no recollection of hearing of her; us. 1 beli«ve 1 did not ajrainsee Mr. A\c y until evening atprayer at all during the camp meeting, either from Mr. Avery, or anyjmeeting ; he staid at my kcusethnmigrit. and left, lu-ink.nrxt morn- o'her person. I am acquainted with Mr. Averv ; he was sta- '"ST for Bristol. I, on renVctn n,think it wax u ': Iuisdiy helelt my tianed in Weston 20 month*- he crime there in IR27 Iran- boose. He left my house the day before thanksgiving, am) it must uaneo. in vv eston ana wcnt ott returned a liitle pan 8, say 10 minutes pasts; when I passed the Ini l\lr. fiilliotls. versalist meeting house it certain the lime by the regulations er of a mile from my hou of tho meeting; tea hour was half past 5; but I oannot say the house; my timilv weret time of taking tea on Thursday was precisely half-past 5. \\rc:remainod, I shouitl think have been Wednesday ; he left in the afternoon. not recollect who was tent master. I was notified there were (-ul.,.uo,,,, „f that dav/iis I understood. bad characters on the ground ; it was known in the tent. Mr.I c,-04, exa-ninatum.—J first thought he left on Wednesday mornirg. Avery was, while at Weston, fond of good horses. |but it was in the nttemoon ; I know it was 5 minutes pa»t ii when I Direct examination.—The horn blew for tho evening ser- r1"^"1 th» Universalis! meeting house on Tuesday, I passed on W«d vice at the Thompson camp meeting, a little before halfpa« 7.-^^ r-„g u^^ I am not a clergyman. I was the tent master of the Weston c!ork 011 fae Friday lollowing. A week nsolasi Friday I passed lhat lent. | clock nt II. I noticed becu-c I was coming to Newport in the boat. 51. Louisa N. Whitney.—I reside at. Waltham, Mavn. and A week ngolast Mnudav I passed it at bait pasi7. 1 cannot namo was at the Thompson camp meeting last August. I re.-folr.i'any particular day l« •» months ago when I passed and noticed Ihe at Weston Tent. I was there on Thursday afternoon. Soot, ^^^^^^ i^*^*™ *" ^ 8 whM alter preaching, Mr. Avery came to toe tent and remained: Difttt >««».•.-<; .".-The Fall IlivorHoat usually lies a quarter of a mile below ihe biiilge. 1 shou ut9 o'clock in thu fin- n.irj in Ihe melhoeisi vestry ; J was there I-' love thvmeei- ng commenced,and my impiessiuo i- lie come in (il'ler 1 (rot there.— I willunt be pmiiive. Th- nn eiin?l!eg»n . Iiout 9 o'c. ock ; I e.uiuot lav exactly at 9; il wasapjr'in.il iorii. I saw \tr .'.vei -v dm in*-that m'eling i;'i the altar, silting- neir Mr. Merrill, ti.e pre-iiliagelder.— I'he prayer nicriiuf t-roke up about half pa-i 10. and iiwneniniely ■ fter t ti <-T <-■ was |)rc--iliiiig. 1 did not set* Mr .\ very leave ihe hou-c ; lie wis ihe.-e when I left, about 2" minules 'ieforu 11 o'clock. The iteetmu''.wis held in the vi«tiy. Th* preaching in thffurenoon was n ihe vesirv. Mr. Avery was pusuiit in the altar when the prayer weeting broke up C'r i. f.rresiiiwrinn.—I can say it was no! 10 minutes after 9 v. hen I aw Mr. "ueryatth* prayer nice;in?. I know when I went thr-ro, old tlie meetiny coinmeiiM.il Sfot. after; it w,-.s bui a liitle before h>'ii I left my Iioum; for ihe ineetiug house, and Iain (pule sure it. vas not ir.ore than 5 minutes before 9. i !oo'n?d al my lime before I .eft home. I thought I an ived at the meeting hou'.e abont5 ciuuies there until near lea time; he went out to lea, and was gone from 20 to 30 minutes ; he then returned and remained in the tent until after the horn blew. When ho came back aflor tea, there was a prayer meet- ing, which I think he opened. He conversed with Mr. Mayo. After the horn blew, ho went to the preacher's tent. I saw him at tho preachers' tent. I saw him at that tent, but don't know that he went into it. On Friday morning he called to the tent, and bid us t^otxi morning. Crovs txamiiud.—l did not see any one with him on Fri- day rnorniog. I do nit know Mr. Crandall. I remember tha1 Mr. Avery was in the tent all tie: tune, is before said, because I sat next or near to him, ami he took a part in the mcctin.'; Mr. Burton was there, and I think he made one pray r;l judged from his voire. Mr. Daggett either made a prayer o- exhorted ; I don't know that he remained all the evening. I cannot recollect who else c.v'ioried or prayed a' that meeting 1 did not see which way Mr. Avery went alter ho bade mc gio- morning on Friday morning; I do not know wheth-T Mr, Avcn oped ihe prayer nn eting by singing or praying : I heard in tin lent that Mr. Mouill was very much fried by the appcurauc< of a girl on the ground who had been expelled from ihe chuicl in l.a-.well. 5."2. Abby Hdhaway.—I reside in North Providence. Be- tween 10and 11 years ago Maria Conn II cam« to the Lymai mills and called herself Maria Snow; she said she was very 32 Wore the services commenced; but that is so short a time I would not lie positive There is freqeently a varianee of 5 minutes from the lime meetings are appointed I auendedthe meeting on Wednesday afternoon. I lefl home for tbe meeting hooso about 15 minutes after 2. I looked at my time. I got to tbe meeting house while they were Ringing. Iattended the meeting on Wednesday evening about hall past 6. I am not so particular as to time in the evening as in the morning an account of mr business, t think when I first saw Mr. Averv in the meeting house on Tnesday trtorning ihey had given oul the farm*, which was tbe first exercise. *le sat en the right side ol the altar by the sirieof Joseph A. Merrill, the presiding elder. M> watch was very r.ear the Baptist clotk. 1 did not remark lhat day whether it differed 5 minutes from tt.e Baptist clock ; I have knuwri her todiffer as much as that. Dintt txamnaition.—I carry or. the baking business, and deliver, when I am al home, bread nij«elfto my customers: in November ] generally start to deliver my bread a little before sunrise, By the Court. Is there any thing in particular which makes you remember looking at your watch lhat morning. Answer. No; but] usually did during that meeting. 11. Jotham Horton.—l reside in Providence and preach in the Me- thodist church there. By previou* invitatian Mr. Avery attended the fourdavs meeting held in Providence the 26th of Nov. last Mr. Avery attended the meeting in the evening of lhat day. I remember he for s in the meantime. I did not go to that meeting, and there- lore did not sec him again until 10 o'clock. To the Attorney General—I Cannot precisely recollect the time I left the sun-rise meeting, nor how long we were in bro- ther Jillson's house before we sat down to breakfast. I think it was either brother Avery or myself who said it was 20 min- utes to 9 o'clock when he left to go lo brother Fuller's. 59. Rev. Abraham Holway—Is a preacher residing al Maiden. I was at the Providence four days meeting on Monday night, md stopped at brother Fuller's. I saw brother Avery there abeut 20 or 30minutes before 9 o'clock the next morning; I think be staid there 20 or 30 minutes. I recollect this because I haved there, and held an argument about the report which the spies brought of the land of Canaan, that is, as to whether it was good or evil; we had a considerable argument, and tho bible was brought. He left, I believe about 9 o'clock; I shortly afterwards, but I cannot tell how long, went to the prayer- meeting, but I do not recollect whether it had begun or not, nor whether Brother Avery was there. I recollect the time ofthe conversation 1 had with him before he left, and I think I shall ; sat with tbe congregation; he was present during the meeting, never forget it. I remember a conversation I had with him on which wis a prayer meeting. The next morning (Tuesday) he w«s|tile Gth 0f November, about our making an excursion on tho present ai the sunrise prayer meeting, which closed about S minutes » . „. „. . -j ? cu„.,ij i;u„ ,„„:.:, ,u ' ! pasts. I then requested Mr. Averv to be present at 9 o'clock and take {sland, and he said he should like to visit the coal mines ; cliareeof tbe prayer meeting which was then to commence. I asked he inquired of several persons the value of coal: we then liim because I was engaged on private business of my own at that [talked ofthe Revolutionary war, and visited Butts s fort; he hour. I knowit was five min«tespast8 by my timepiece, bnt don't isajd his father was a soldier during the Revolution. know that I looked at my watch. I usually do ; m^impression is 11 Crosj-examined.—I have no means of discerning the exact ^^,^^^r^^ffl^£F& !*»• at which Avery left brother Fuller's on Tuesday morning, day as much as five minutes- When I left Mr. Avery, I went to the except from the taet that the meeting which he left to attend was packet wharf, where the packet that had a box of books forme lay, jappomted it 9 o'clock. Q. How do you know that you was at and engaged for the baoks, slopped about three minutes and return-iat the prayer meeting at 9 o'clock? A. Because I found myself ed directly bnek to my house; might have been in the house two nua- thtre. Q. But. if you bad been there at half past nine, instead, r;i^.Tks„oXnr^h^ two or three minutes from that time. Mr. Averv was there; the should. Q. Then vour finding yourself there does not prove meeting had not commenced, and I took the charge of it The meet-the time? A. I should be afraid to say upon my oath that Avery ing closed soon after 10. My eye did not rest on Mr. Avery during had been less than 20 minutes at Mr. Fuller's before he left for the whole of the meeting, but if hehad gone outl should have known|lhe prayer meeting. I recollect seeing him in Warren about it. The packet I went to, lay all ei a quarter of a mile below thei.i ,' Jc »j , a _ • , ,l.„i, „<-,„..„„.j. u„r».^ .u„ t».. ■ Kail River steamboat; I walked wilh more than ordinary expedi- l.he lst of November, and 1 think afterwards, beforerhe Previ- tlon, and have no recollection «l stopping any whereexcept as I bavodence meeting; I think this latter interview with him was in before said. The route I took is ihe same I should have taken tolthe morning of the day on which it occurred, a little after the breakfast hour. 60. Joseph Fuller.—On Tuesday morning Mr. Avery came to my house, between 30 aad 35 minutes past 8 o'clock, and left at 9 o'clock. He said he must go, as he had engaged to open tbe prayer meeting for Mr. Horton. I told him he need not hurry, as the people would not be collected at the moment, but he said he should go, and as he went out I stood fronting the clock and observed it was exactly nine. I Gould not conveniently go with him, but went about 10 minutes afterwards, and found tbe service begun. I do not recollect that I saw him at the meeting then, nor how soon afterwards, but I may have seen him and sat near him, without recollecting it. Cross-examined.—I determine how long before 9 o'clock it have gone to the steamboat and saw nothingof Mr. Avery eitbergo ing or returning. My houseisabout a quarlerof a mile below ihe meeting-house, and about SOOIeet frem the foot of Cbesnutst. The road I lookfrnm Ihe Lridge to my hou>e madeit about a quarter of a mile further than from the bridge to the meeting-house. I have been acquainted wilh Mr. Averv 8 or9 years; his general reputation has been good ; I have heard bim highly spoken or. Cross-xamination.—The packet \»*s from New York; I do not re- coiled her name or lhat of tbecaptaln. I do not recollect what I went to my house for I found Vlr. Merrill at my house whent I got there. The prayer m=e-ing on Tuesday broke Hp about 5 minutes past 10. I do not distinctly recollect looking at my watch ; the regu- lar hour was 10. I remember more particularly about the lime the morniug prayer meeting- bi oke up lhan the one after breakfast, be- cause itVueroa<:|iod on the br.-akfasi hour. I had breakfasted, bull knew others had to get theirs. I have a distinct recolleeiiou it w;n past 8 when the suerise meeting broke up, but cannot say how longlwss that Mr. Avery had been at my house by the time which -Iter. I dr. not distinctly recolleet who else was present when I got j k h) argulnent with Mr. Holway must have occupied, tothe meetlnir-hi»useat9, but Mr. Avery; I think Mr.Fimrsonwasi .-,... , .. ° , . , , ■/__■ „„, ... „„„, V ' preseni. Tbe congregation had assembled; a few came in after Igotiwhllst the latter was shaving and dressing, and not by any other ■ means. I am not certain whether the meeting was opened when I came to it, nor who opened it or engaged in it. Tbe time of opening the service may sometimes vary 7 or JO mi- nutes. 61. Samuel Palmer, recalled—I saw Mr.Avery at the prayer ibore; Mr. Avery was silting in the altar at ibe right t>f the pulpit I began ihe worship a minute or two after 1 got in. The sunrise meeiing closed on Wednesday morning,3. 4, oor 6 minutes after 3, R.cronting to tho best of my judgment, which is formed on my usual pmrlice of being pu noun I in closing the morning nraver meetings. I should think tbe Methodist meeting-liHtise was three quarters of a mile from the bride e in Providence; all of lhat ifyou went up Ches- meeting on Tuesday morning; I came in just as they were con nut street round bv Mr. ^wilstm's^ meeting bouse. The wharf the eluding ihe first hymu, and saw Mr. Avecy there, sitting within the allar, and just in a position which would, I think, have pre- vented his gotng out without my rising. He left the meeting with ihe presiding Elder, Joseph A. Mcnill and mvself, and he did not leave me more lhan five minutes until four o'clock, P. M. There was a difference of 5 or C minutes between bro- ther Horton's watch and mine. 62. William Pearce, the second.—I was present at Mr. packet lay at was but a few rods from Fuller's Ihe block-maker much as six rods. I wasat the Thompson carup meeting last August; saw Mr. A very there, but hen-n nnthing of Miss Cornell. Direct exam'iH'ilion — When 1 arrived'at the 9 o'clock meeting on Tuesday. I observed Mr. Avery, more panicnlarly because I had ask- ed himtfl open the meetirg forn'e. Reeess .-riillS, P. M. The last witness returned to correct a mistake he had made m his statements of the distance between his house and the iineiing-house, which was not more than the eighth of a mile,lAvery's house on the 25th of December, when Mr. Paul, the instead of a quarter. He also said thai the prayer-meeting on Tuesday, beginning at 9 o'clock, lasted unlit within 6 or 7 min- ute.; of half past 10; for, said he, ''I recollect I gav^ notice that there would be an intermission of 6 minutes between the prea- ching and the praycr-meeling. 58. Rev. Joseph Ireson.—I was at the Providence four day's meeting in November last, and attended the sun-rise service. I left it at Us close, about fen minutes past 8, or nearly so ; bro- ther Avery accompanied me to brother Jillson's ; I heard bro- ther Horton request him to attend the 9 o'clock meet ing, and hi said he would: it was about 20 minutes past 3 when we arriv- ed at brother Jillson's house ; when we left the breakfast tabic there was something said about the time, and somebody said i' wanted 20 minutes to 9. Brother Avery said he was in a hurrj to go to (he, 9 o'clock meeting, and had to call on brother Ful- depuly sheriff came in, and said there was a number of people from Fall River crowding round the bouse, who might possibly have come to take away Mr. Avery by force, and we advised lum to retire up stairs. He did so, and soon afierwards Mr. Orswell came in with Mr. Paul. The first conversation I heard »as Mr. Avery's asking him if he thought he, (Avery) was the man who delivered him ihe letter onboard the steara-boat,and Mr. Orswell replied, that his face had a likcoessor resemblance to that man's. He then asked him if the man wore a cloak, or x surtout ; and Orwell replied that it was a cloak of a lark colour. He was asked if it had a cape, and he re- plied he did not recollect. In answer to other questions as to dress, he said, the man had on dark clothing, but did not de- scribe more particularly, uor whether he had a watch or cane. \very then asked, if the man gave him the letter on board, or 33 on tbe wharf, aad ho replied on board the boat just as he was-^oops without the bi!L It was not received on the 16th, unless going to the engine, and that he told him he could put the lette. Cite at night. The appearance of the bill impresses me with into the box; Mr. Avery said, in answer to this, that he ha never been en board his boat but once, and that was on urn occasion when he came to Providence. Mr. Avery asked bin if he was confident enough to swear he was the man, and Or- well replied he should not like to swear positively ; he alsosait that when he heard Mr. Anery was a tall man, with black hait and dark eyes, he thought he was the same mu from whom hi had received the letier; and added, that the time he receivet it was about half-past nine o'clock in the morning, when he was preparing the engine to start. Mr. Avery next enquired if tht man wore ssectacles, and Orwell said he thought not. Wher, the spectacles were brought, and Mr. Avery had put them on, he said he did not resemble the man so much as he did before. Cross-examined.—Did not Orswell say when Avery asked him if he was confident enough to swear he was ihe man, " I am not confident enough in my own mind to be certain of it ?" A. I do not recollect whether he used exactly thost words: I do not recollect, but I think I said " he should noi like to swear he was ihe man;" I may have stated that he used the other expression.—William Orswell said Mr. Avery did not so much resemble the man when he had his spectacles on Mr. Avery said he had not been out without them for two years past, and some persons present said they had not seen him out without them. Adjourned to Wednesday. FIFTEENTH DAY. Wednesday morning, May 22nd. 63. Elias Smith.—I reside at Providence and follow boat f it- belief that it came in the shape of a letter, the outside of .Inch has been torn off. Understand me, I do not know that I eceived it on the 19lh ; but I believe it must have come to hand titer ihe 16th. I cannot be positive when I received it, since mpressions are not lo be taken; at the same lime I can find no ilher letter which 1 know to have been received on the 19th. I eceived letters from Providence on the 15th, and the other en he 17th, [ihe first and a copy of ihe answer lo the second pro- ceed,] which I know to have been 6 cent letters, because that s the postage from that place. Cross-examined.—The Steamboat King Philip passed from Fall River to Providence every day last November. I have ad letters by her from the former place, both by mail and pac- quet, but there is no fact in my memory enabling me to decide jy which of these means 1 receiveu the bill; all I can say is it iid not come by ihe sloop. The bill is endorsed in ihe hand- writing ol G. Death, Cashier of ihe Bristol Co. Bank, who was hen iny clerk. Ol toy own knowledge 1 do not know thai I re- ceived any letter of 6 cents postage on the 19ih of November. I keep a thermometer, but I did not observe how it stood on the iOih of December. 'Ihe weather was mild—lhat is, not blus- lering; and the temperature was neither very warm nor very cold. I do not recoliect seeing any steamboat in the harbor lhat day. 65. Ii. Potter Dimond.—I am a weigher and measurer in the Custom House at Bristol, and usually assist Mr Dewolfiugtt- ling his whale ships ready for sea. I was so employed in No- vember last. I cannol tell precisely the day he received the ing. I keep the ferry from the Steam Factory Wharf on the 'hoops from Fall River. 1 believe it was the 15lh. I asked hiru west to Captain Gladdings on the cast, which is 2-3 ofthe dis ->!for the bill, but it had not come ; and wc were employed that tance from tbe bridge to where the Fall River steam-boat lies.jday and the next in repacking the hoops without the bill. jNot In the latter part of November last, I think there was noother cross-examined.] ferry kept up. My impression is, that the ferry above was dis-1 66. Susan Smith.—I live in Bristol. On the morning of the continued about the first of that month. I might say it was day before we heard of the dealb of Sarah Cornell, I saw Mr. never regularly kept up. On the 27th I attended my ferry. I Avtry pass by in company wuh Mr. Lawless. He had a band- had then no particular acquaintance with Mr. Avery, but 1 kerchief wound round his hand, with the ends swinging in this think I knew him by sight. He did not pass my ferry that day.jMiauner. I have frequently seen hun pass by, but never with I have no knowledge of his having done so since. 'Mr. Lawless before or since. I do not recoliect the day or the Cross-examined.—1 fiad previously seen the prisoner at month. [Not cross-examined.] Providence Meeting house, and had heard him called Mr.| 67. Susan Moore.—On the morning of tho 21st of Decem- Avery. My reason for knowing that I attended the ferry on tht for last, 1 saw Mr. Avery pass by our house in company with 27th, is, that it was during the four days' meeting, winch com- Mr. Lawless. My moihcr (the last witness) called my atlen- menced en Tuesday. I attended the ferry only between meet-|uon lo ihem. Mr. Avery was swinging a pocket handkerchief ings ; and if Mr. Avery had passed at any other time, I could loosely in his hand ; il did not appear lo have any thing rolled not have known it. My father (Rufus Smith) attended while I up in it. was at meeting. I went to the sun-rise meeting that morning:) Cross-examined.—They had already passed the second win- on returning I ate breakfast, which took perhaps ten minutes, dow when 1 looked out. 1 had no motive to notice particularly and immediately went to the whaif. It takes three minute* whether it was a bundle or not. to cross at my ferry. It was possible to have crossed at the Direct resumed.—li is my impression it was not a bundle, upper ferry in November, though I think it would have been and had nothing rolled Up in it. My mother had a better view difficult to have procured a passage. People don't like to of them as they passed ; she is 76 years ol age. lend their boais to boys, and the men are usually occupied The river at that place is from fifty to sixty rods wide. The ferry is from Butler's wharf to the old paeket whaf— a wharf or two below where the Fall Riyer steamboat lies. Direct.—From the sun-rise meeting, after eating breakfast. 68. Nathaniel Bullock.—I reside at Bristol. When Mrs. Sarah Jones was at Mr. Avery's, I was present, having gfciie with her to see if her tesiimony wouid be material lo his de- tciice. I asked her if, on ihe 2Uth of December last, she had seen a stranger on Rhode Islaticl, and what was his appearance. 1 went immediately to the wharf. During the whole four-days'(She said that she had, and spoke of hun as being a tail man, meeting I attended ferry between, and my father during, the dressed in dark clothe*, with a large hat, or a hat larger than meetings Cross.—There are two boats belonging to the ferry : my fa- ther attends one and I the other. When one of U3 is absent, only one boat is used. There did not an unusual number of persons cross during the four-days' meeting. Direct.—It is farther, I should think, from Pardon Jillson's to the Fall River steam-boat crossing by my ferry than by the bridge. Cross.—But if you start from the Methodist Meeting house, the distance is about the same either way. 64. William Henry De Wolf—I reside in Bristol. Tht morning tf ihe 20th of December last was cold—wind rather high, blowing about West, but battling fiom North to South ol west, half a point. I noticed this, because my brothers were going to sea that morning. Between twelve and one, the tem- perature began to grow milder, and the wind continued to fal till about 9 o'clock. Along in the afternoon it was about west and by south, blowing a four-knot breeze. The banks towards ithe west were a little thawed towards rnyht. J follow the whaling business. It is my practice to keep a file.of the letters I receive. On the 19th uf November last than ■was 6 cents postage charged to me, but I find no letter of thai date on my tiles. I find a bill of hoops dated at Fall River oi the 14th, (produced,] from Mr. Burden, my correspondent a1 -that place. The hoops arrived on the morning of the 15th b) -the sloop Katharine, but no bill came with them. I remembci this because we were put to inconvenience in repacking tht common. She said n was ohusual for strangers to pass lhat nay, (or something to that effect) and that she noticed him par- ticularly, because she thought it was her brother, who had been enl some lime, and lived down east. 1 asked in what direc- tion he was, which way going, and whether he was receding from or approaching her; and lor clearness marked out with uhalk on ihe floor the relative positions of the house where she stood, the lano passing by it, and a certain gate opening from ihe lane into Captain George Browneli's meadow, ac- cording to descriptions she gave me. She said he nas :omiug towards her in the lane, and thai he approached within len or fifteen lods, and then passed through the gate o the left, into the meadow. Wlnti Mr. Avery came into ihe room, she was asked if he was the stranger she had seen, to which she replied that he seemed to be the same, but she could tell btller by seeing him eul doors at the distance at .vhlch she had seen the stranger. In the course of the inter- view he went oul to give her an opportunity of seeing him at batdistance, and on his return she said he seemed to be very much like tht stranger she had seen, or lhat he seemed to be lie saint- man; thai like him he walked a little stooping, was iboul the same height, had on similar clothes and hat, and ■vhen he stopped and looked round, he acted very much as the >tranger did al the gate. Mr. Avery also put on hisspcciaclt-s hal she might see bim both wilh ihem on and off. Atier hear- ing what had passed, 1 told lum that she was a material witness and must bo examined. She objected to going to court on ac 34 rtt lighter than the mt'ier—quite a ditfen nt color and smiled and said," well, it is." Neither Mr. Avery or any one else in my heanug requested her lo keep these 'hings se- cret, nor was any U nig said about se/crcsy. The conversation took place down stairs in the south-west room We also con- versed about the time of day at which she had seen the count of the situation of her family, but I told ber to come on a jAvery's house, but I was fearful of it. I received information certain day to Mr. Burgess', and lhat her stage-fare should be from Mr. Staple's on Friday after Mr. Avery's discharge that paid. In the course ol the interview she said to Mr. Averv,'Judge Randall would attend to taking bail for him; but having "lhat stranger pa-nil through the gate; what color was u'/'jpnvaie business to annul to, and doubling whether 1 ought to He answered the! one part of it, or one post was whiter or -.insider myself as .Mr. Avery's counsel, I signified as much lo She looked up Mr. Staples, and added I had no doubt Mr. Randolph weuld it tend to I he business. I do not recollect satingto Mr.S'apIeH bat Avery was beyond the jurisdiction of Rhode Inland. I bad advised hun to conceal himself where he would be forthcoming m short notice. I knew not where he had gone, I «i supposed oe was ai Boston. My knowfod::> ofthe excitement prevailing at Full River was from rumour. I heard from there every two hours, but could not name one in twenty who told me. A great many violent things were said such as dial Avery ought to be hung without judge or jury. I heard these reports both before and afer Avery left Bristol. Among ihose I conversed wilh were Mr. Birllett, Mr. Warren and Govemor Collins. The latter said lhat great excitement prevailed on the island also, bui do not know whether he told me so before Wednesday or not. The day after Avery's discharge, Col. Harden requested me to get a copy of the Justices' opinion to read to the people at Fall River. I did noi slate to him on Christmas day that there was nothing improper in the people going in that manner to Avery's house. I have some recolhclion of his introducing some one to me, but not in the lane. I dont profess to be a stranger; she said her impressions were that it was on the al ternoon about the time when the family were about taking' dm ner and tea together, but lhat she could ascertain this from one of the Mws Authonys who v»a* present at the time. S'.c gave no description of the coal mines oroflhe localities in the neigh- borhood The cn which the defence relied, to the effect, namely, that in order to substantiate a witness impeached by cross examination or otherwise, it may be shown that he made the same declaration to another person when he had no inducement for so doing,. & no greater interest than when he swore. Mr.Masonsaid the defectiveness of Duval's memory was an additional reason for admitting proof of his declarations when the conversation be- tween him and Cranston was fresh in his recollection. Attor- ney General.—You must first convince us, however, that he did not know the declarations of Cranston to be material. Mr. Randolph.—Neither he nor Cranston had then been summoned witnesses. [Attorney General—True, but the whole subject had been agitated ; and Duval was just as much inte- rested then as now to convince himself and others that his friend Avery had not crossed the bridge. Question reserved for the present.] I would believe Jane Gifford on oath if there was no possibility of her being mistaken; otherwise I would not. • Cross examined.—I am a methodist. William Earle Cook, who lives 50 or 60 rod* north of Greens' Tavern on the east road belongs to the same society. I have a brother, Thomas W. Cook, who is now and was in December last, on probation. He then lived about 2\ miles from the ferry on a cross road. [Further cross examined as to his means of estimating Jano Gifford's character.] \ 96. Levi Sherman of Portsmouth. 97. Nancy Sherman hi wife. These witnesses concur in saying Jane Gifford' character for truth and veracity is bad. 98. Oliver Brownell.—I live in Portsmouth l{ miles from the ferry. My house is on high ground so that I can plainly see George Brownell's meadow and the white gate. I was at home on the 20th of December last. During the latter part ot that week, what day I do not know, I saw a man passing from that gate soi.th. [Witness explains the circumstances leading him to believe he was at home en the 20th until 3 P. M. con- trary to his supposition when testifying at Bristol.] He was a tall man with a dark surtout and black hat. He was in the meadow, about 15 rods from the road that leads to the Coal mines, and about 80 rods from the mine; he had passed the mine, apparently, and was going south. Itis uncommon to see strangers pass in that direction. The day was pleasant. It was a few days before we heard of Miss Cornell's death, which was on Sunday. He was | or perhaps J of a mile from me—so far that I should not have known him if he had been an ac- quaintance. Cross-examined.—Mr. Avery took tea at my house during the four days meeting in November. He knew that I sold coal, and asked me about it at that time. In going from Bristol to Asa Freeborn's on the main road, a person could probably see the white gate. There is no path from the ferry through the «ate, to Asa Freeborn's. The ground on both sides of it is wet, and is called the Swamp; I think it was frozen on the 20th of December. 99. Sarah Brownell.—On the 20th of December last I was it the house of Daniel and Robert Wilcox in Portsmouth, from the window of which I could see into George Brownell's mea- iow. About 3 o'clock 1 saw a man in the meadow about two rods from the gate passing in a southerly direction. I thought ie was a stranger from his being in the meadow ; I cannot des- cribe his appearance or dress. I recollect the time of the day because I asked a girl who he was, and she was not at home intil 3 o'clock. Cross-examined.—This was on Thursday before fheard of 'he death of Miss Cornell, which was on Saturday. The gate is about i of a mile from Wilson's. I have mentioned thesa 38 • facts to several persons before and since the examination at: Bristol. |In a cross examination of some length, this wanes- evinced greater volubility of tongue than accuracy of memory.] 100. Sally Brownell.—(Wile of Oliver Brownell) I saw a stranger in George Brownell's meadow ; he was a lall man with dark clothes and black hat. I thought it was not a neighbor, and said to my husbaud "1 wonder what stranger that is." I think he had on a "close coat surtout." I cannot tell the day of the week or month, or ihe lime of the day. It was a few days before 1 heard of Miss Cornell's death. There is n< circumstances that brings the time to my mind, only when 1 heard thai a slrangi r had been seen there I said I expected h was the same man I had seen. I cannot tell when I hrst hearu this said ; the day was pleasant 101. Amy Anthony.—On the 20th of December last I lived in Portsmouth en the west road about i a mile from Bristol Ferry. I was at Andrew Brownell's lhat day. I left there it the ferry near 9. Direct resumed.— When I talked with sister about the par- icular*, I laid u might be of use to Mr. Averv, and told her lot to communicate n lo any one, Jane Gilford's character for ruth and veracity has not been considered good. Cross-examination resumed.—I have belonged to the Me- hodisi church for 7 years. 103. Mary G. Anthony—On the 20th of December last on the fore part of the evening, I was at John B. Cook's store with my sister Amy Anthony. We left ft about an hour, or an hour .ind half after candle light and wenl to Goorge Hails, which is alf a mile off. I think it was past 8 when sister lefi George Halls alone, to go home. [Slates her reasons for knowing it was on the 20th Deer.] Cross examined—It was in March last, after Amy came from Warren lhat 1 first converted wnh her on this subjtcl. I about an hour's sun and went to John B. Cook's store, where I staid about an hour and a half; and then went to George Halls. It was after candle light when I got there. I staid at George Hall's till after eight and there started to go home. On my way I overlook a man on the west road between Levi Sher- man's and the school-house, going towards Bristol ferry, and walking very slow ; I passed within a few steps of him. He was a tall slim man dressed in dark clothes and a dark hat. I overlook him aboul J of a mile from home, and a little over a mile from the ferry. I should think it was nearly 9 when I got home ; we had no time piece in the house. I mentioned' the circumstance to my sister afier I gut home that night. It was a starlight night. Cross-examined.—I next told it to my other sister, Mary. [Slates reasons for recollecting it was on the 20th.] I never oi tro at Hall alkedwiih both of my sisiers and shortly afterwards wuh Mr. Drake. In a conversation which we had wnh Mr. Blake 1 slated where Amy and I were on the 20th of December, and sister Patience staled what Amy told her w hen slit came how . He put down the facts and asked Amy if they were correct. I am unable to distinguish what part she stated herself and what part she merely assented to. 104. Elizabeth P. Hall— (Wife of George Hall) I live in Portsmouth, half a mile from where the .Mess. Anthonys lived in December last. On the 20th of that month Mary and Amy Anthony were at our house. Mary came in the forenoon, and toward evening went to J. B. Cook's store. They Game together in the evening considerably after candle-light, i should judge it was after 8 o'clock when Amy started lo go home. I think they have correctly stated the lime of their coming to my house and of Amy's leaving it. I do not consider said I got home about sunset, and that I knew nothing about ihejjane Clifford's character for truth and veracity good. case. Before the Bristol examination Mr. Simmons came and Cross examined.—My moiher was there that evening. We asked if I saw a man near the Coal mines that day; 1 lold him.have no lime piece nothing about my having overtaken the man in tbe read. Noi 105. Amy Anthony.—(Recalled, wishes to correet her evi- one else came to see me on the subject. I have talked withldence of yesterday) 1 have had a conversation with Mr. Blake, Benjamin Green about it; he asked me if I had seen a man onjiw company with my sister I did not stale the facts myself; the corner, and I said no. I never told him I saw a man in iheirny sisters told the story and I assented or dissented according road that night; 1 never told this to any but my sisters. I left as it was correct or not. home in ihe forennon and got to Andrew Brownell's about. Cross examined.—I was reminded yesterday of my mistake noon. I saw Mrs. Jones that afternoon and was with her in tbe same chamber; but I saw no stranger in the meadow, and heard nothing about it. SEVENTEENTH DAT. ' Friday Morning, May 2ith,—8 o'clock. 102. Patience Anthony.—In December last I lived in the house with George Gifford, half a mile from the Bristol Ferry. On the 20th sister Amy went from home, noi far from 12 o'clock, and returned about 9 in the evening, as I was prepar- ing to go to rest. 1 did not expect her to return until morning. On her return, she told of having overtaken a man on the road, circumstantially. [Witness explains several circumstances, which enable her to fix upon the 20th as the day.] About the time of th© Bristol examination, William Simmons came and asked if sister haa seen a stranger near ihe coal mines on the 20th of December, but no enquiries were made about her see ing a man in ihe road. It did not occur to me that the man she saw was Mr. Avery, until March last. When I thought of it, I enquired of her (he particulars, and being satisfied, I first made the communication to Mr. Drake, Since 1 have been in Newport, I have talked with Mr. Blake and Mr Bullock on the subject. Previous to March, all questions put to us had been about seeing a man at the coal mines. On in saying 1 had conversed on the subject of overtaking the man only with them when I had alseconversed Mr. Blake. I told it to sister Mary on Saturday the 22d of December, the day she got home. 106. Robert Hioks. -I lived at Bristol Ferry a few rods from Mr. Glifford's. On the night of the 20lh of December I was waked up by some one knocking at the door, and indis- tinctly heard my son telling him the next house was ihe ferry house. I know not what time in the night it was; I went to bed early—perhaps by 7 o'clock. Cross-examined.—I do not know Mr. Avery, and saw no one answering his description that day. I think the weather was blustering and cold. I have heard several witnesses tes- tify about it, and I agree with them. Q. Did you hear them testify that it was blustering and cold. Witness.—I don't know lhat 1 did. It is now my opinion, that it was cold and blus- tering. Direct resumed.—Well it does rather strike me that it was of a milder cast in the afternoon. 107. Crawford Easterbrook.—I live in Bristol. In tho fore part of August last, Mr. Avery was at my house, when Dr. Sweet set his ancle, which was said to be dislocated or broken. I think it was something like three weeks after the injury was the 20th of December, about 2 o'clock in the afternoon, I think, received. The ancle was swollen ; and he was quite lame. Mr I saw Stephen Brownell pass by the house northwards towards the mill, and return again in something near half an hour, with a grist on his back. Cross-examined.—Some time in January I read a part ol the Bristol examination while at Mr. Smith's in Warren. H» did not approve of conversation about the matter, and it wa.- not much talked of in the family. I knew there were enqui- ries about a stranger having been in the neighbourhood on th« 20th of December—that sister passed a man that night, and that it was said that Mr. Avery came tothe forry by that roac on the same night; but it never occurred to me till March las that tbe man Amy met might be Mr. Avery, or that evident- of such a fact would be importaut to his defence. When I thought of it, 1 recollected lhat it was on the 20ih that Ami had told of passing the man. When I talked with Mr. Draki on the subject, I went on purpose, and introduced the subject I never conversed with Amy aboui it from the 20ih of Decem- ber to the latter part of March. [Witness detailed the parti culars of her conversation with Amv in March.] I do no think I knew that Mr. Avery had said"he was at the windnul when tijj: Bnstpl bell struck 9, but I knew it was said he wa: Avery camo near fainting under the operation. His walking was improved by it. Cross examined.—I do not know that the bone was broke. Mr. Avery was lame sorno time after the operation : he came :o Bristol on the 26th of July, and this was wiihin a week or woaftir: I understood the accident happened at Lowell. I remember nothing particular of the 20th December last. Near •unset, next day, Mr. Avery called at my house, and gave me oy handkerchief, which 1 had lefi at a neighbours : he staid but i few minutes, and appeared cheerful. I remarked this to my vife a few days afterwards, when we heard of ihe things against iiin ; and I remember it now. Mary G. Burden. (Recalledfor furthercross examination) never said te any one that I did not know Sarah M. Cornell, ill I saw her a corpse. 1 said I was not acquainted wilh her. 1 was not. I never have told any one differently from what I lave stated in the stand. Funny Reynolds. (Recalled.) On Christmas-day I con- /ersed with Mrs. Burden (the lasl witness) al my father's, in Bristol. She came in, and lold of tho woman being found hung. 1 asked if it was any body she knew : she said no, she never 39 ■aw her before. I think she added that she saw the corpse be-, well, wholives from 70 to 100 paces off, came in to enquire for fore it wa* taken down. \ Mr. Avery. I told her he had probably gone somewhere else 108. Nancy Perkins. I live in Bristol. On Christmas-da I conversed with Mrs. Burden, ai her mother's house, abou Miss Cornell, who had been found hung I asked her if sh- knew the girl She said no, she never saw her before, till sh ww her hanging. She told me she took a linen pocket hano kerchief, and a silver cased pencil from her pocket; and de-- cribed how »he was hanging. I went home and told this to nn family immediately. Cross-examined.—My daughter inquired of me what Mrs Burden said, and I told her I have no reason for believing thu she said " I never saw her," raiher lhan," I never was ac- quainted wnh her," except that she said so, and I recoiled n Her mother, sist.-r and husband heard the same conversation. 109. Betsey E. Hill.—I make rny home at my brother's,at E Hartford, Conn. Mr. Avery's wife is my aunt. I have reside in his family in all seven years. I have lived with hun in Lowell, East Greenwich, Eastham, Sangus, and other places; I quit residing wilh hiui last Sept. S.uah M. Cor- nell was noi in the habit of v-isiiing at Mr.Avery's while we lived in Lowell. I nevtsr saw her there but twice, and both time- wilh her bonnet on. The first time was on a Saturday after- noon in June, 1830 ; she staid but a few minutes, did not fake off ber bonnet, and went away soon. Next morning being Sab bath, she called again, and wished to see Mr. Avery. He was not at home, and she staid but a short time. She came pre tending penitence, and wished to be received into the church lodge. 111. Levi Hill.—\ live in Warren. I am one of the magis- raif-s who held the Bristol examination. J-ilm Durfee, a wit- k'n-s showed the manner of the knot round the stake thu«:— [The witness placed two pieces of cord side by *ide and lied 'i<-m together at one end, leaving two ends loose ; lhen mak- ng this k.iot the bite of a slip noose which he placed round a ■ane, he cut the cotds al a shorl distance, thus presenting ihe ppr-aranee of four loose ends proceeding from ihe same knot.] William Durfee produced a piece of cord which tie testified i«oi been laken from ihe neck of the deceased; and sa-d he had •ui off a piece and given to sumo one. Mr. Cranston testi- fied that, on the 20lh of D-'ot cnber, 1 1 person* co'sed the liridge—some known and some strangers ; that, between 3 anJ i in the afternoon, a man passed, having no cloak or great coat, tnd observed, as he paid his loll, that u was cold ; thai, after he ha-! parsed, the wind blew up his «oat, and lit- ihoughl he had on a spencer ; that he did not know him, or il.at he was a stranger. He (Cranston) stood opposite A^ery while testify- ing, but did not undertake to identify him as the man who passed the bridge. George Laicton les'ified concerning the man whom hesaw on the 20th of December between thebr dge and Fall River, that, if he saw him passing along the same way jit the same distance, dresstd as he was, and itie wind blowing the same wav, he should recognise h'tn,oiherw ise he thought he should not. He did not pretend toidentifv Mr Avery a* ihe man. again. It was a usual practice with Mr. Avery to destroy his'Neither did Abner Davis or Benjamin Manchester under- lelters. I have frequently seen him on reading letters, throwltake to *ay Avt-ry was the man th- y saw that afternraoo near them into the lire, or tear them, or give them to the children.— where they were blasting rocks. Dorcas Ford was one o.'lhe My whole name is Betsey E. Hill; the middle name is Eliza- females who assisted in laying out the corpse, and was examin- beth. My letters, while I was in the family, uniformly came ed privately. The appearance of the body indicated, in her directed to the care of the Rev. Ephraim K. Avery. I never1 opinion, that "rash violence" had been usud; and being a;ked received any letter after coming from Lowell to Bristol. It has' whether, by that phrase, she meant rape, sjhe" gave the magis- been Mr. Avery's habit, to ramble about in the places and towns i rates to understand that she did. Tbe exoression used bv where he has lived and been. In Sangus he would be gone half Mrs. Meribah Burden, in reference to the same appearances, a day, rambling on the seashore, and in the neighbourhood. Af was that ihe deceased had been abused: but do not dislinct- Eastham, on .he cape, he spent most of the year in-rambling—jly recollect her answer when asked what kind of abuse she re- souietimes riding, sometimes walking; he would be out fromlferred to. Previous to the introduction of Margaret B. Hambly morning till dark. Last summer Mr. Avery had but one cloak,1 to be examined, the persons in the room were requested not lo which was a black camblet: and but onu surtout, the same he designate Avery in auy way in her presence; ami, being told has op now. I never knew him to have a cap, or saw him withlto point out the ganger she saw at Liwtwn's, Fall River, sho ono on. I have ever thought him a remarkably kind and affec-lat first thought Mr. Horton was the man, then receded from donate inan in his family; as much so as any man I ever knew, her conclusion, and fixed on Judge Drury ; but on further exa- He has ever lived iu the utmost harmony with his wife. About nunatfon was satisfied he was not the mai.. [Recess till three a week before removing from Lowell, he injured his ancle by P. M.] falling from a fence. It was much swollen, but ihe physician thought it was not put out. After getting lj Bristol, he had it set by Dr. Sweet. This enabled him to walk better, but he Btill complaineVrbf its hurting him. Cross-examined.—Wheir Sarah M.Cornell came to Avery's Cross-examined.—I think Durfee made but one turn or hitch ofthe cord, when showing how it was put on the stake. Ho described the cord as " marline twine doubled." Neither Cran- ston, Lawton, Davis, or Manchester, while on the stand, were requested to say who the man was whom they saw on the 20th; in Lowell, she wept, and appeared affected. My only reason; only the general question was put to them whether they knew for calling her penitence pretended, is that we heard soon af-iwh" he was. tcr of conduct inconsistent with penitence. When she was at Direct resumed.—Avery was present. Neither ef the wit- the house I heard her say she had been a bad girl, and wasinesses intimated ihat he knew the man, or should know him if sorry. She wished to join the church. Mr. Avery refused and! he saw him. William Durfee said that the cord. In- cut off was said the church had had a great deal of trouble with her. In|about four inches long to the best of his recollection. I do not the summer of 1830 I saw a letter in the hands of Abraham D. Merrill, (not the presiding elder,) which was said to have been written by Sarah M. Cornell. 1 did not read it; never saw it. afterwards, and never saw any other letter from her. At Low- ell, Mr. Avery first lived four weeks in Mr. Lamb's house ; then moved mio Mr. Abbott's house, the upper part, ef which he occupied for nearly two years. Mr. Abbott lived in the lower part. It was the practice to leave the door open till 10 o'clock, for Mr. Avery and his family to come in. He was sometime? out alone, and usually returned at thai hour. He had a study appropriated to himself, furnished with tables, chairs,and abed, but «a< not in it much, as he was very busy all the time he lived al Lowell. Visitors could go to Ins study without passing ihrou^'i- the pari of the house occupied by his family. He had a col- lection of different kinds of shulls and mint-iab; in tbe house I never heard him converse particularly on geology. Mr. Aven was a physician before he became minister, but I do not know of his ever having practiced. I have heard lum say he kepi school, and attended store, in the early part of his life. His fa- ther, Amos Av«ry, was a farmer. Mr. Averv generally broughi my letters to ine, from the post olfice, though ihey were some- times brought by others. I should think Sarah M. Cornell vords of commencement, which 1 prefixed to the writing hand- ed me It was not a statement reduced to writing belore the Justices from Mr. Avery's examination; but ho wasiold if he diose to submit a statement of facts, he might. That paper was theu produced and read in his presence by Mr. Blake.— laving been prepared, as 1 supposed, for the purpose. [The iocumenr is not sivrncti by the prisoner.] I think William Dur- fee said the string he exhibiled bad stretched, and was then ibout as long as belo-ie tbe piece was cut off by him. I accom- panied the Deputy Sheriff who went to arrest Mr. Avery. On naking khown our business be commenced telling me that he lad been on the Island on the 20th of December. 1 observed 'hat it would be proper to forbear saying any thing further then; Jut he seemed auxious to tell his story,—said the truth could 40 not hurt him, asked mo to sit down, and went into some detail1 as to his ruuie on the Island. He mentioned the names of a good many persons, but as they were strangers to nit: I havt forgotten ihem. I ihink he said something about going lo iht Coal Mines, and meeting a man with a gun. He mentioned several places he had been to, and his returning late to iht Ferry, his knocking at a house to inquire for Ihe ferryman, his anxiety to get home on account of the health of his family, aim of his staying over night at the ferryman's house. He said nothing about having been overtaken and passed on the rod iii the evening by a female. He alluded lo his lameness, its cause and treatment, and remarked that it pained him excessively it, in walking, he accelurated his pace beyond a cerium poinl. 113. Walden Potter—I kept a ferry at Providence at the wharf between Butiler's and Humphrey's wharves, three or 4 rod< from where the Fall River steam boat lies. It was dis- discontinucd on the 1st of October last, and hasnei been kept since. III. Elbridge Gorry Pratt.—I live in Wrentham, Mass. On S uurday afternoon ofthe lirst week of ihe exammat on al Bristol, I was in Iram Smith's store,when Mr.Haroden came in and demanded all 'he teller paper in the slore. A half ream was flung on ihe counter, (I think by Harnden himself, though he deceased, for the purpose of discrediting the testimony of V'ilham Durfee, and ihe coroner. The verdict, Mr. Randolph -aid, is signed by Durfee, as one of tho jurv, who there declare t to be a case ol suicide; but he has testified.on this trial, that R his opinion it is murder ; while the coroner has tesltied that here was no verdict. If the At'ornry-General admits that hero is such a verdiot, signed by Durlee, we are satisfied, with- >ut the verdict going to the jury. The Court intimated, that any opinion expressed by Durfee n his testimony, was not to be considered as evidence, inas- much as he was not examined as an expert; and the Attorney- General admitted the existence of such a verdict, as to which the coroner had obviously been mistaken ; but protested against ns being understood to impeach the testimony of Durlee.— [The verdict slates the belief of ihe jurors, that " The said Sarah M. Cornell committed suicide, by hanging herself upon a stake in said yard, and wan influenced to commit the crime by ihe wicked conduct of a married man, which we gather from Doctor VVilbour. together with the contents of three letters found in the trunk of the said Sarah M. Cornell."] Elbridge Gerry Pratt.—(Called again) Mr. Harnden (I think) was behind the counter when he held up ihe pa- por. I remained in the slore from tie time the stranger left it I cannot be positive) in such a way thai it "kind o' shucked loltill Mr. Harnden came in. The shelf the paper was on was ono side,:'so thai we saw a half sheet among it, which fell oullabout as high as ray shoulders. on the cou iter or the floor, I won't be positive which; but ftlr.i Lucy Hathaway.—(Called again) I did not when I was on Harnden picked it up and said " tako nonce, gentle-'the stand belore, mean lo be understood that I knew Miss men, this is the hilf sheet of paper, and I'll write on Cornell's situation before her death. I never heard from her, it that you may know it;" and he took out his pencil, Land never had the most distant idea what her situation was. (hink, and wrote on it, not right across-, "but diamond-jOB sabbath morning a we%k or two before her death she asked mil." A little time previous to this, a tail '" long favoured|me if I did not think il possible for an innocent girl to be led man came into the store, and passed by me as I stood near'jastray by a man that she had confidence in, and rather looked the. door, and watked directly round the end of ihe counter io- up to ; and afterwards, what an innocent girl could do in the ward* the desk where Sv-nilh was writing, which was several h.inds of a strong man and he using all sorts of arguments; but feel from the end of the counter; in doing so, he passed clos-e 1 did not understand these questions as having any relation to by where ihe half riiam of paper lay on the shelf, not more lhan herseit. two foet from Srnilh. He was then about 6 or 8 feet from ine.j Cross examined.—I knew shew was out of health after her Hj took no notice of me as he passed, except thai he rolledjreturn from the camp meeting; butthe cause I never knew nor his eyes round, and I looked out of ihe door when he got nearl suspected. Smib, thinking he had some business with him. I thought he Mr. Randolph here observing lhat he had no more witnesses spoke low ur whispered to Iram. Ho staid but a minute or|in court, but should have in the morning, the Attorney General two, and went out. This was about three quarters of an hourjby his consent called, on behalf of the state, before Mr. Harnden came. I don't recollect bow long after 115. Samuel Randall.—I am, and have been for several this it was that I first spoke of this circumstance, but it was af-'years the Postmasterat Warren. [The Attorney General pro- ter I returned to Wrealham. The next time I mentioned it duced a letter written on yellow paper.] The post mark on was at Miss (Mrs.) Nancy Cory's, where I boarded at Fall River. I neyer knew who the man was ; I have enquired, but could not find out; and I have never seen him since. Cross-examined.—It was very ne-ir night when the man came in: I did not see him put a half sheet of paper or any this letter is mine. EIGHTEENTH DAY. Saturday May 25th. 116. (Evidence for the Defence continued.) Dr. Walter Channing.—l reside 111 Bosir I am thing else in the half ream: if lie had done so, I wa> near Professor of Midwifery and Medical Jurisprudence in Harvard enough to see him had 1 been looking lhat way, but I wasUniversity. [This witness in an examination (cross and di ooking out of ihe door part of the time. The occasion of my telling this was, that an acquaintance of mine at Wreinham bad been reading the printed report of the Bristol examination, and wassDeakinj of ihe half-sheet of paper being found at train's store. When I told him I wa* ihere ai (he lime,and knew something more about it. What made me remember these things more minutely was that in the morning before I wenl to Bristol, it being understood that a letter, said to have been written in ihe store by Mr. Avery, would be made use of, and enquiries after the other half of the sheet havinu berfn made, Iram made a search for it, but could not find it; and it being found so readily when Mr. Harnden came in, made me think strange, but I said nothing. The reason why I said nothing was, that I feared I might have- lo attend as a witness; 1 had no reason that I know of for not wishing to attend as such, than the trouble. I am a travelling merchant. I fre- quently deal with Iram; I had been buying goods of him thai day, and was waitiog to do some writing. I should think there were some others present beside, me when Mr. Harnden came, but I do not recollect bow many, or who they were. By the Chief Juslscc.—When Col. Harnden found tbe half- sh'-e!, was tlieie no surprise expressed ? I fitness.—Not that I recollect. Tho stranger's cloak wa." either a>lale, or a blue camblet, with a tape, and a collar ofthe same. I don't recollect what kind of clothes Mr. Harnden had on, or whether he wore a cap or hat. [The recollections of th witness proved, in the course of a long crwss-examination, to be far more minute and exact in relation to the incidents abovi narrated, i!n n upon any other point. The meekness, candour. and sobriety of Ins demeanour were exquisitely ludicrous. Lit- tle Hill could find no better study for a new aspect of the na- tio-iai character, he is so successful in illustrating than Mr.El- bridge Gerry Pratt.] u Mr. Il.tn-iolpii here offered in evidence the verdict of suicidi reel) of uncommon interest, and occupying between two and ihree hours, advanced, and defended with great ability and per- picuity opinions according in all imporiant points with those ;iven by ihe medical gentlemen previously examined on the part of the defence.] Seth Darling.—(Calledlfor further cross examination)I com- menced acting as Deputy Postmaster at FallJtivcr in October 1831, and continued ax such six months steadily ; after which I was not regularly in the office. In November last I took no charge of the office except on ihe 19th. [Explains how he came to have charge of it that day—Mr. Lesurc the other De- puty being absent.] The two letters were dropped into the box just after the bell ranp for breakfast, between half past 7 and the departure of the Newport stage sit 8 o'clock. My im- pression is .hat one of the letters was to go to Bristol and the other westward. When inqennes began to be made about the iters, I thought I had something to do with a letter to Mr. Avery and knew, if that was the case.it must have been on the lay i had the charge of the office, which I ascertained from the hooks to be the 19th of November; and during the examination it Bristol I went to the Post office there, and found that Mr. Avery had received a letter from Fall River that doy. 1 can- not say that one of the letters I received at Fall River on the morning of the 19th was directed to Mr. Avery but I am im- pressed with the belief that it was. When I went with Mr. Durfree to make complaint before Ju-tice Howe, I gave bim the name of Daniel Avery. Avery was a name lhat was familiar o me. I had it on a piece of paper given to me by Mr. Cog- reshall, who also wrote down the names of three justices. I iavc no knowledge of giving any other name to Justice Howe han Daniel Avery; I am sure 1 did not, for I read from,the pa- ier. iMuisa Whitney recalled. [Witness at thdVequest of Mr. Randolph showed how the " harness knot" is made—being the foupJ by the coroner's jury, on their inquest over the body tfgime withtAe "clove hitch" as described by witnesses previ- 41 ousiv on the stand. | This is the knot tied at the outer .edge? of both the upper and lower parallel rods which support tin harness. Weavers do not generally make their own harness. but they have to mend them more or less every day, as the} are continually breaking ; and ifis done with this knot, will. which weavers are perfectly familiar. I never knew it callot a clovo hitch till very lately. [Witness at Mr. Randolph's re- quest tied ihe knot about her own neck with very great facility. The cross-examination of this witness, who, in addition to her youth, and a good share of personal beauty, was remarkable or self-possession and pleasing manners, elicited nothing of im- portance. By Mr. Randolph.—Q. Have you ever mended harness with this knoi 1 Witness.— Oh dear yes, a thousand times. Mr. Randolph here slated that he bad no other witnesses present, though there were a few others whom he wished to examine. He therefore consented that the Attorney General should take the cause, reserving the privilege of introducing hi witnesses when they arrived. Recess until 3 o'clock. WITNESSES FOR THE PROSECUTION. 117. Benjamin Green.—I ktuw Amy Anthony. Sometime since the 12tn of March, (the day she commenced working at my house,) I led her into a conversation as to w here she was and whom she saw on the 20th of December. She Said she went to Mr. (Andrew) Brownell's, near the coal mines, about two •'clock, and returned home in the evening. I lold her I heard that Mr. Simmons had conversed with her about seeing a slran ger there. She answered, " I see no man that was a stranger in my travels that day but what I knew." About a fortnight he had at another.] 118. Joseph Fish.—I knew Amy Anthony. I once asked her' bout her having seen a man near Andrew Brownell's coal nines, and she said she saw no one. A g( ntleman came to my ouse and inquired if I knew Sally Joins; on my repij n,g it.at i did not, l.e asked me if Amy An'hony was in ihe house : I ailed her and inquired if she knew £i.iiy Jones, and «he said io ! and I then asked her if she bad reen a sirar.gc man near he coal mine when she was at Andrew Browned'*? and ihe -aid she did sot. 119. Nathaniel L. Munroe.--On Sunday morning, during ee Bristol examination, I asked Arnj An'l or.y if she sew any man near the coal mints on the 2(Hh of December ; and she -aid sue saw no stranger that day on the island. Cross-examined.—I was sent to talk with her that day by Mr. Blake or Mr. Bullock ; I told her Mrs. Sarah Jones had referred tj her for the time of day when she (Mrs. J.) had seen a stranger near Andrew Brownell's ; and she said she saw no one ; I described him to her, as a lall slim man, with a dark surtout, and dark broad-brimmed hat, bui she repealed ihat she saw no such man on the inland lhat day. On the day that Mrs. Jones was at Mr. Avery's to see whether he was the man she saw on the island, he went out to lei her see him at a distance ; when he came in, she said lhat be was the ikan she saw on the island on ihe 20th of December. She said she thought ii was in the afternoon when she saw him, but that Miss Anthony would know ; and my object in calling on Miss Anthony, was to find out ihe time. 120. Samuel Dennis, David Hull, Jane Hall, Hannah Hall, previous to the commencement of this trial, some persons hav- iJiana Dennis, Rebecca Brownell, Sylvia Brownell, Mary ing rode up to my house in a carriage and called her out, I ask- Micks. These witnesses tesnf.ed thai ihey knew Jane Gifford her next morning who they were. She said they were her sis-(some from her infancy) and concurred in representing her ter Patience and Mrs.Smith, of Warren, who told her shemustjcharacler for trulh ;;n)i*»racity as good, with tbe exception of be ready to go to Newport lo be a wiiness at this trial. I ask-jDavid Hall, who tad Iwr1 knaw nothing about it for or against. ed her what she knew about the matter. She said ihat when The last witness also tettitied ihat she was the mother of she was going home on the night ofthe 20th of December, shejGeorgc Hall's wife ; that she v. as at George Hull's on the 20th, met a man in the road walking very slow, with a cane in his'of December, and saw the Miss Anthony's; and that Amy hand. I asked her where she then lived; she said about half a Anthony started to go honic,4it might be at half-past six mile from the ferry. I asked her if she was then going home ; o'clock ;" bui that she had no time piece to go by in judging of she said she was. I asked her if il was thought the man was ihe hour. Mr. Avery ; she said I think so. 1 then told her that according 121. Content Parry—I am the wife of Elias Parry of Fall lo her story he must have been going towards ihe ferry at that River. [The Attorney General was proct-edir.i! to ask witness time—tbe same way she was travelling—and asked her how >htther Iram Smithjtot a wafer from her on the 8ih Dot ember, she could have met him ; she said "well, then, overtook hini.'Mien Mr. Randolph oljeettd to evidence of new lacis ling I asked her which road she was on ; she said the east road. 1 iivtu ; and insisted thi.t the prosecution should be confined to asked her if there were not three roads, and got no intelligible rebutting the evidence given in behalf of the prisoner After answer. I then inquired about the three roads separately, andjsome discussion, the Chief Justice postponed the further hearing she still said it was the east road that she was on. I thenjuntil the court should be full, Judge Bayton then being abseni.] pointed out the different positions and course ofthe roads, and Court adjourned till 9 o'clock Monday morning. she said it must have been on the west road ; that she overtook the man near the^chool-house on the other side of Levi Sher- man's; that he was neither very short nor very tall, and that she did not know him. I have conversed with her at two different times since the carriage came to my house; I recollect that I left my work to ask her when it was she overlook the man on the road; she said it was the night after -.die had been to Mr. Brownell's. I NINETEENTH DAY. Monday May 27. The Attorney General renewed his notice for ifot;u hoshoh- ofMrs. Paray's tesiimony, namoiy, that on tbe 8ih of Decem- ber, Iram Stmlh had obiained of her a wafer, answering in ap- pearance and description lo lhat with which the anonymous let- ter on white paper dated that day, and found in ihe possession ofthe deceased was sealed. He intended it as a strong r-.ddi- then told her I thought her evidence would contradict what Mr.jtional circumitance lo shew that the letter was written Ly Mr. Avery had said ; she said she had conversed with her sister Pa- Avery in Smith's store that morning; and he offered it because Hence about it, and that the conversation commenced by her,an attempt had been made to insinuate that the half sheet of sister Patience saying to her, that if ihey could find any one paper found in Srwilh's slore and proved to be the counter), art who saw him that day, it would help Mr. Avery or save him,'of the half sheet on which the letter was written, might have and that Patience asked her if she saw any one, and she told got there by a conspiracy between Col. Harnden and be tall her she did, a man that walked slow and had a cane; she said stranger with the cioak and cap, seen to enter tl.e store by Mr. that William Simmons came to Mr. Fish's to enquire of her il Elbridge Gerry Pratt. The. Counsel for ihe prisoner in ihe ab- she saw a man that day; she afterwards told me thai Nathaiiiellsence of any settled practice on ihe point in Rhode Island, m- Munrocame and asked her the same question. The first lime^isted on the Ei.j:lish rule, which excludes cumalative lestimo Amey and I talked about this matter, she told me she got homelny by ihe urosecuiion, on a second opening af'cr the defence about 8 o'clock; tlie next time she told me it was half past 8,|has gone into testimony, and moved ihe Court to conf.ne the and might be nearly nine o'clock. She told me she did'nt be- (J o\. n.ment solely to rebutting testimony for the rcmtiin lieve ihere was any man about the coal mines lhat day ; thai she was in the chamber in a house near the coal mines, anil there was a number of hnuses round; I recoileci asking her il she spoke to the man or he 'o her ; she said neither of them spoke. No conversation was held about the man she saw in the road until after Aniey came back from the island where she had gone to help hersisiers move. After her return, on my remark- ing to her ihat her statement rather conflicted with Mr. Awry': account of himself; she replied, " O dear ! I wish I h^d never gone to heip my sisters move, and then I should not have said any thing " She came down stairs one Sunday, when I was- about shaving, with her bonnet on, and sat down in a chair and sighed; some tears fell from her eyes, and she said she must go to court or her sisters would never lorgivc her. Cross-examined.— [Tht* witness had some three or foui conversations wilh Miss Anthony, but could give no date; no f the trial, with tbe exception of certain witne^stv, wh. ru Attorney General had reserved ihe privilege ofi-xamimni-vil.f n ie rested. The Attorney Genern' cued iht trials o. Sell'ru m , n Boston, and of Goodwin in N« w York, in both ol which iiuiiulative evidence had been introduced Ly the pio:<-cuitt length the route he then took in company with Mr. Boyd and Mr. Nxrris and the localities be observed.] I saw Sarah Jones when I went lo explain the route. Cross examined.—The 13th of December was I believe on Thurxdny. Louisa Witney —Called again; (she is asked to break am mend a harness wtiich she does, she also describes ihe knot a- a clove hitch.) I first tried to make that knol around my owi neck about five weeks ago; I have made harness; It is the kno used at Waltham; I always make that knot in making a har- ness. About two mouths since I first heard of the "clovi hitch." Ii was said to be the knot Miss Cornell hung hersel. iwiih ; I got some one to show me how it was tied, and imme- diaii Iv said il was a harness knot. Ztnas Thomas, Jihn Gray.— [The?c witnesses sometime in ihe eary part of Drceniber saw Mr. Avery standing in the ireet at Bristol reading a letter on pink paper. TWENTIETH DAY. Tuesday, May 28. George Lawloncalled again.—The first conversation I had wnh Peleg Cranston on the subject of Miss Cornell's death was on Sunday ihe 23d ol December; he desenbed the person who passed the bridge on the afternoon of ihe 20th as a tall man, in dark clothes and broad bummed hat, and said he bought he looked like a methodist minister ; he said he was a stranger io bim; at the lime of the conversation we did net know that Mi. Avery wassuspecied. In the evening we beard that Mr. Avery was suspected. Cranston said he did not know Mr. Avery. i27. Gideon Hicks. -I h»e in New Bedford. On the 20th of December lasl I was at my father's, Robert Hicks, next to Mr. Gilford's at ihe ferry. I spent a part of the evening at the house of Mr. Irish ; I left ihere after 9 o'clock, and went to Wm. Anthony's about a quarter of a mile off; staid there some time, and then relumed home. Anthony lives about a quaiter of a mile from our house ; on my return I went up stairs and was going to bed, when I heard a knocking at the door ; I in- quired what was wanted, and the person said he wanted to fino the ferry house; I told him it was the next house. The evening was chilly, pretty cold and uncomfortable lo be out. ( was at and about home all day on the 20th of December, but saw nothing of Mr. Avery. Cross-examined.—I did not look at the clook at Mr. Irish's ; when we were coming away, some ofthe company said it was past ten ; another person looked at the clock and said it was past nine. I may have stopped at Mr. Anthony's a quarter of an hour, perhaps a little more. Direct resumed.—I went to Anthony's in company with a young lady; at Mr. Irish's there was considerable company. 128. Robert Wilcox—On the 20ih of last December, I lived about two miles from Bristol ferry, near Mr. Anthony's ; when the sun was about one hour and a half high, I was at the coat mine. I did not see on that day Mr. Avery or any person who resembled him ; between the sun 2\ and half an hour high, I went to the store near the coal mine ; I went down the road across Mr. Anthony's and Mr. Brownell's ground ; I passed hrough Mr. George Brownell's meadow and out of bis gate ; last December the gate looked as if it had been whitewashed. 129. Geo. S. Brownell.—I live in Portsmouth, about J of a mile from the coal mines, and was at the coal mine whaif the 20ih of last December. I left home soon after 12 and returned home about 4. I was engaged getting off some turkeys ; f went directly down from the house through the gate to the wharf; I saw no person while going, returning, or at the wharf that I did not know. I did not see Mr. Avery. From our house a person may be seen nearly down to the mines; a person stand- ing 15 reds south of the gate could not be seen, from the coal mine wharf; there were several persons with me at the wharf; it was quite cold that afternoon, and there was considerable wind ; the wind was so high in the morning that Mr. Dennis did not dare to land at the coal mine wharf; he went to Bristol ferry and returned in the afternoon ; Dennis was collecting poultry for Mr. Dunbar. Cross-examined.—At the coal mine I saw Russeli Anthony, Seth Anthony, Mr. Freeborn, Mr. Dennis, and a boy. I should not think I could from the wharf see any person from the mines hat had been worked. I heard ofthe death of Miss Cornell en the Saturday morning following. It was so eold ihat we stood to the leeward ofthe wall 130. Geo. Brownell 2d.—I live in Portsmouth, about 60 rods from tbe coal mines. In the forenoon I was drawine seaweed from the shore, and at work round the house in the afternoon. ( saw no person whatever pass my house that day; from where I was in die afternoon, I had a fair and full view of the white Kate ; I commenced werking around my house about 2 o'clock, P. M. and worked till near sun set. In the afterason It was steady winter weather; ihe wind was about WSW, or between W and SW ; in ihe morning.it blew hard. Cross-examined.—I was at work banking up my house, and *nd from either side of it I could see the gate of ihe coal mine, .:xcept from the south side; a pari ofthe coal mine can be dis- •erned from the part of my house which is the NW side of the muse; persons acquainted with the ground pass my meadow o gel to Asa Freeborn's ; women pass through my gate, and -Hen generally get over the wall a liitle to ihe westward of the ,-aie : I was not at work on the south side of the house more than 10 or 15 minutes; I was at work, and stood a good chance 44 of seeing any person pass the gate. 131. Russell Anthony.—I reside at Portsmouth at nsy fa- ther's house. Seth Anthony is my father. I went on the 20th of last December, between 12 and 1 to the coal mine wharf, where I remained until about 4 o'clock. I then went to the house, remained there 15 minutes, and then went to tbe store in a SW direction. I did not see on that day, Mr. Avery or any person resembling bim. Our house is half a mile south of Mr. Brownell's. and about 50 rods WNW of Asa Freeborns ; a person crossing from the coal mine to Asa Freeborn's would have crossed the road I took going to said wharf; I saw Geo. Brownell and others at the wharf; I did not see Robert Wilcox there. 132. Christopher Barker, of Portsmouth. I know Sarah Brownell: have conversed with her; but never heard hsr speak about seeing a man near coat mines. 133. James Taylor.—I keep a diary of the- weather three times a day, at sunrise, at 2 P. M. and at 9 o'clock in the eve- ning. Last December on the 20ih, at sunrise-the thermometer stood at 26 degrees above zero; at 2 o'clock 34, and at 9 in ihe evening at 29. The wind was west all day, and »v general observations puts it down clear and pleasant. Isaiah Simmons 2d.—I saw Mr. Avery pass our house on time during the four days meeting last November. Cross-examined.—I once went over Howland ferry bridge, with Mr. Avery to a mooting. We crossed the bridge at dusk; paid no toll. At the time I saw Mr. Cranston through the win- dow when I came back. Going over I saw no one at tfie'tol!" house. Mr. Avery asked me if I was not going to pay toll. I lold him I would pay it at another time. 136. JosephThomas.—I live in Portsmouth, about 2 miles and a half from the ferry. I know Jane Gifford, and as far as I ever heard, her character for truth and veracity was good. I never heard any thing against her character before tbe Avery exami- nation in Bristol. I have always known her fr.ther and family. Cross-examined. -I never heard any thing-for or against her character for truth and veracity. 137. Thomas Burden.—I reside in Portsmouth,about a quar- ter of a mile from the ferry ; am a blacksmith. I worked in my shop a part of the time in the afternoon on the 20th of Decem- ber. I think it likely I was in my shop from 2 to 3 of that day. I was not away from home that day. I do not know Mr. Avery. [ saw no person that looked like him pass my house or shop lhat day. I know Jane Gifford; her character for truth and ve- racity is good in our neighbourhood. Cross-examined.—I know by my books and memory that I The the 21st of December last. I live in Bristol, one mile north of was at home and at my shop on the 20th of Dec. I am seldom from home. Recess till 3 o'clock. 138. Lucy Munroe.—[Witness was-asked what she heard the prisoner say on the morning of the 20th December, as to bow be had rested the night previous. The Attorney General said he proposed to show that he then said he had never passed so restless and anxious a night before; and if permitted, he should also propose to show that the deceased about the same time stated the same fact relative to uim; and he should thence infer an iatercourse between the prisoner and the deceased about that time, of which no direct evidence as yet had gone lo the jury. A discussion took place, and the testimony was ruled out.] 139. Rebecca Pike.—I have been a weaver about 3 yuars; I was formerly employed in the factories at Lowell. [Witness shows how harness is mended ihere, using a snoi different from the clove hitch.] I have been about a fortnight at Fall River, whero ihey use the same knot. I know of no other knot Used in makipg or mending harness. I knew Miss Cornell in Lowell; she was at a different corporation. I never heard anything unfavorable to her character. She told me when she was about being turned out of the ohurch in Lowed, that if she was turn- Bristol ferry. I did not then see any thing in his hand day before when he passed going to the ferry, he had a bundle under his left arm. It wss covered with silk a handkerchief, and about the size of a pair of pantaloons. I saw him pass about 2 o'clock, P. M. Cross-examined.—I was within six feet of Mr. Avery when he passed me on the 20th. James Sanford was with me when I saw him. I mentioned it in the afte'rnoonto Mrs. Sanford and her two daughters. On the 21st of Dee. I only saw Mr. Avery s head andshoulders as he passed. Dr. William Turner, called again by the government I should not think the necessary pressure with the hands, in taking down a person hung, would make marks on the body 10 hours after death. If I found marks on such a body, I should judge that viofoncehad been used beforedeath, or great violence after death. Violence before death would produce what is called black and blus spots. I consider a foetus 8 inches at 3 months and 20 days, aBd menstruation after conception, both extraordinary circumstances. If I saw a foetus 8 inches in 3 months and 28 days after the mother had menstruated, I should to ascertain its age, examine the length of the spme, and the developdment ofthe organs. I should think 8 inches at 3 months and 20 days, was an extreme length, but not beyond naiurcVed out Mr. Ayery ought to be, lor hi was as bad as she was.— limits. There is a great difference in the size of a foetus at theil never heard any bad reports about Miss Cornell in Lowell.— same age, in different women, and in the same women al differ- I have heard her say that Mr. Avery had been to her boarding eat pregnancies. This may depend both on the health of the mother and the fcetus. There is great uncertainty in the au- thors ; thev use the term in the third, fourth and fifth months, in describing the length of a fcetus without stating in what part of each month their observatioas would apply to. Cross-examined, on part of prisoner.—I understood by marks on the body discolourations. Indentations on the body I should conclude were made after death. I ihink it possible that an exterior pressure might produce marks on the skin of the abdo- men, without corresponding marks on the visera. I have known many instances of external violence producing no visible effeci on the skin, when there were deep marks on the viscera. A se- vere blow on the abdomen may produce external marks, with- out internal ones, or vice versa, or marks on both the externa) and internal paits. Fcetus differ in size during pregnancy, a- much as at parturition. 134. James Sanford.—I live in Bristol, a mile from the ferry I know Mr. Avery by sight, and saw him going towards the ferry on the 20th of last December, with a bundle under his lefl arm, about the size of a par of pantaloons, tied up in a pocket handkerchief. I mean a pair of thin pantaloons. On the morn- ing of the 21st of December, when the sun was about a quarter of an hour high, I saw Mr. Avery going towards Bristol; he then had the bundle under his arm. He passed the street as I came out of the yard. It was a small pack in a red and white silk handkerchief. Mr. Avery bowed to us as he passed.— (Witness said he gave us the time of day. Randolph asked what time it was. Witness said that it was good manners.) It was cold as the devil in the morning, but very pleasant in the afternoon. (Here the witness was told by the court he might leave the box.) Witness—I thank yonr honour. 135. William Earle Cook.—I reside in Portsmouth, about house after her'to go out with him. Cross examined.—People used to talk about his going there. I don't know what they said he wanted her to go out with him for. Dr. Thomas Wilbur. (Recalled)—Q. What have you leard Miss Cornell say relative to her situation, and the auihor of her seduction, and relative to her taking a certain medicine? [The Counsel for the Government said thev propose to show that the deceased disclosed her situation to the witness, and told him thai ihe prisoner was the author of it; that she con- sulted about taking a certain medicine lo procure abortion, which the prisoner had recommended to her, and that on being informed it would endanger her life, she declared she would not take it; she informed him of her intended interview with the pri- soner, and of the reparation he proposed to make hei, and lhat when the witness told her it was not adaquate, she intimated that the prisoner was poor & she would not consent to embarrass him with an exorbitant demand. They offered to show, 1st, hat the deceased was not only averse to suicide but U death, by other means; 2d, that for some time previous to her death she was actuated by feelings of a kind and affectionate charac- ter towards the prisoner, and by friendly sentiments to*a., m the methodist sect;—and they offered it because on the other side the history of the deceased for years bark had been ran- sacked for the purpose of showing a propensity to suicide, and a spirit of hostility and revenge towards the prisoner and of enmity towards the Methodists.] The Attorney General expressed his regret at the necessity of raising such a question in the hearing ofthe jury, and dis- claimed.a wish to have them influenced to the disadvantage, of the prisoner by any thing not actually testified by the witness. The Counsel for the prisoner objected to this testimony, be- 2 miles from Bristol ferry. I was not at home on the 20ih of cause, though the professed object ef the Counsel for the pr«- Jast December, until between six and seven in the evening. I secuiion could not be gainsayed, they proposed lo attain it by got home about harf past six. I know Mr. Avery ; he has staid converting the declarations of the deceased not made upon two Slights at ray house ; and generally, when on the island, he oath orunderprospect of immediate death, into evidence against makes my house his hone. He was at my house most of thelthe prisoucr of two distinct crimes, namely, of adulterous 45 intercourse with her, and of compressing her death by advisinglfrom the place of meeting to where Miss Cornell bearded; peo- bc use of a poisonous drug—evidence which; though he wa? not then on trial for those crimes, if onee given to the jury would inevitably have an influence on their minds that must endanger his life. After a discussion of some length, charac- terized by more warmth than is usually exhibited by counsel ik arguing a mere point of law, the Court decided that the witness might testify to declarations 6f the deceased evinsivc of bet aversion tesmcjde, and of her kind feelings towards the prisoner, his family, and the Methodist society; avoiding every thing going to charge the. prisoner with the crimes alluded to in the objections of his counsel. The witness then proceeded. On the 21st or 22d of October last, Miss Cornell called on mc to ascertain ihe propriety of lier taking the oil of fanzy to pro cure aboruon. I told her it would endanger her life ; and "that if it did not kill her it would ruin her health. She said "then I won't take it; for I would rather have my child and do tl best I can with it, than endanger my life." She called on mc at 5 different times, and each time expressed feelings of tender- ness and sympathy towards Mr. Avery and his family. She also spoke of the Methodist society, but said nothing against it. My last interview with her was in the latter part of November. 141. Wm.B. Fales.—Hive in Newport, and drove a stage to and from Bristol ferry last November and Decsmber. Gilford's clock at the ferry was in those months slower than Newporj time. I never knew it as fast as Newport_time: it was 10,15, and sometimes 30 minutes too slow. Cross-emamined.-J^ly watch was right by Newport time Rev. Ira M. Bidwell, recalled.—I think I am acquainted with Mr. Avery's handwriting. I do not knowing'. I ever saw him write, but I have received letters from him—three in all; I would correct my former testimony where I said only two. Previous to my receiving one of the letters we had talked about bis writing to me ; and one^of them invited me to attend a four day's meeting which I attended. [The Attorney Gene- ral, now moving to prove the prisoner's hand-writing by the witness, Mr. Randolph objected, and tho Court ruled out the testimony on the ground that the witness had not shown a sufficient reason for his competency; within the strict rules of law.] The Court then adjourned. TyVEHTY-FIRST DAY. '■■*" Wednesday, May 29un , of wlneh ihe defoudun had not before bad no.'ice. Ailorney General. It was uup.i.-- sib e for toe government to introduce this letter in tbe opening, for any purpose. The couuaiel for the defence have gone tin he life of the deceased lo show her feelings towards the pr soner, and have thus opened tbe way for the introduction ol this letter, (shewing his feelings towards her) which otherwise ihe government could nut have produced. Wc are entitled now to its admission, and when admitted, 1 claim ihe right to use 11 for what purpose I please. Afier discussion, ihe court over- ruled tbe objection, and admitted the letter. We give it verba- tim tt literatim. Lowell, 6th June, 1831. Dear Brother, It may appear strange to you that I should address a line to you at ibis lime, but it is from a sens of duty thai I do it Maria S. Cornell called on me on Saturday, saying she had come to Lowell on purpose to make an acknowledgment of her fault, &c. &c. &c—and after some time I gave her a writing, saying thai if you saw Jilt to receive her on trial I should noi object, &c. Br. Wilson signed the same, and we were in hopes of baveing evidence of her penitence, but alas! alas!! 142. James Sherman.—I know Luther Chase. He told me <#. days after M-. Awry was arreted ihat he wns impressed • in the opinion Mia he walked wilh him Irom the nutiing at Anuawaii block lo ihe four coriu r.«. on ihe 20lh of Of cl* ber, but -.«* noi certain eiit.i;gh In swear to it ; tha hi could not n - oen.brr any conversation he bud wi h Avery; and that 11 was -1.1II past 9 when they .parted. He said nothing about Air. Avery joining lum, or where he overlook him. JLangworlhy Almy was present during part ofthe conversation. Cross examined.—Mr. Coase said he was not sure he walk- ed with Mr. Avery that night; it was his impression ihat he lid, but he was not cwnfiiitnt enough to testily to 11. The Atlo ney General mid the evidence for the Government was now closed, excepting the further testimony of Surah brownell and Betsy E. Hills, against whom attachments were issued, and whom he would reserve the privelege ol examining on their arrival in court. WITNESSES FOR THE PRISONER. 143. Cyrus Whipplt— I n»sis; in surveying; Saturday last I meavured the distance from Pardon Jilson's to ihe wharf where the Fall River steam-boat lies in Providence, and found it 10 be 178 rods across the bridge. From Paidon J1 son's to the Metho- dist meeting house is 56 rods; from Pardcn Jilson's to Fat. River sltam-boal across the f'trry 264 rods ; from the Methodist meet- ing house to said wbarl'by way ol bridge 1158 rods, and the same alas!!! this morning direct information was brought me thai distance by way of the ferry ; from Mr. Horton's 10 die meenng she had told a known willful falshood—her standing being as bouse is 38 rods, and from Fuller's to Jjie same place 29 rod it is, I have not tatAta any pames to anquire into ire case, but thought prudent to direst this to you as your name is oh the strips of paper she has—we should ad of us here be opposed lo her joining any where ; with this you will ae; your judgment. Yours in the bonds of a peaceful Gospel, (Signed) E. K.Avery. Rev. G. Storr*. [The Aitornev General then proposed to give to the jury the etter on yellow paper, post marked at Warren, and which had formerly been ruled out. He did not intend, he said, to matte use of its contents, but having proved by the Postmaster at Warren, (he genuineness of the post-mark, he offered it as a part of ihe conspiracy which it had been insinuated the deceas- ed had been engaged in against Mr. Avery, to show the immense difficulties she must have had id carrying it on. Ano- ther discussion ensued, upon which the Court said the letter could noi be admitted without proof that it had been written by the prisoner. Isaac Fisk.—l am a teacher of penmanship, and have de voted a considerable time lo writing. Cross-examined.—It have twice been employed in detecting assirmilaling papers, once in Hillsborough, N. C, and once in Columbia, Ten. In both instances the parties had counter- feited each others hand writings in an amicable contest and submitted them 10 me for detection. Direct resumed.—I have devoted three years exclusively to teaching penmanship, and for 14 years have been engaged more or less in the business. I think I am competent to Judge be- tween a natural and a feigned hand. Tne Counsel for the Prisoner objected to the witness being called on to do this inasmuch as Ue had not shown himself sufficiently skilled lo be examined as an expert. Recess till 3 P.M. At the opening of the Court Mr. Randolph removed his objection lo the witness as an Expert. The Court overruled the objection and allowed the witness to be examined, observ- ing however, to ihe jury lhat they were to judge of his qualifica lions, lud ol ihe weight to which his opinion was entitled. Isaac Fisk.—Called again, [The Attorney General give? witness tne pink letter delivered to the engineer Orswell, and the white letter of the 8th of December.] The pink letter from particular marks, I shou.d judge to be written in a feigned hand; the other one appears to be in a more natural hand. [The Attorney General offered to show by the witness thai in his epinioo the yellow letter was written by the same person who wroie the other two letters. Objecied to by Prisoner's counsel, as being proof merely by comparison of hands, and therefore not admissable. The question was argued at greai length by the the Attorney General and Mr. Pearce for the Go- vernment, and by Mr. Randolph and Mr. Mason for the Defence. (Autnonties cited, 2 Sturkie 657n 4 jr?»ptn Rep. 117. 1 Penn. Rep. 160 Banks vs Jacobs, et al, part read p 180.) The coup sustained the objection, and ruled oui the testimony. Croc* examined again.— I judge the while letter (of Decem- ber 8tu) to be in a natural hand written fast. I infer an attempt to disguise the hand in the other because the lower lines fall off from tbe horizontal direction of the top lines, and because some parts of the letter discovers more ease and rapidity than others. it is 29 rods from the bridge to the steam-boat wharf; we allow- ed 50 rods for the width of the river , I measured all the dis- tances exctpt across the ferry. 144. EzekielLuther— [This witness has been a weaver 50 odd years and always made his own harness. He described the knot used on making a harness as a clove hitch—the same as used by sailors; but never knew any thing about the harness used in lactones.] 145. John F.Pagt.—l conversed with John Orswell first time he came to Providence, after the death of Miss Cornell. Alier he had told me how she was found, and thai ho thought he had once carried a letter to her, he said in reletence to the supposed murder " d---him, 1 think I know him, I think I do." He then told me that a person come on beard the boat with a blue cloak and a broad brimmed hat, and gave hun a letter for ihe girl which he delivered, and he thought he should know the man if he saw him again He described hun as being a tall man, without whiskers, but with a bluish beard growing out of each side of his chin ; with raiher a long face, sunken blue eyes in arge deep sockets. He said it was reported that tbe mutderer was a Methodist minister at Bristol. I described a man lhat was 011 board the boat when I was thereon the 24th of Decem- ber, and his description of the man who gave him the letter corresponded with the discnption of the man 1 gave hira—except that I recollected the man had a velvet collar to his cloak. I, thought ii might be the. same man who gave Orswell the letter; the man I described I have ascertained since this trial com- menced was a Mr. Arnold ; I heard Orswell say he thought Mr. Avery was guilty. Cross-examined.—The person I described was Mr. Arnold, he has told me so himself, and I recognized him on our passage to Newport. Orswell described tl e man who gave him the letter, as being a tail man, and as having a black beard growing out on his chin, and large eye sockets-, and blue eyes. 1 live in Providence now, but am a native of Liverpool; the descrip- tion Orswell gave, answers very well (or Mr. Avery. Orswell recollected the man (whom I described tohini) being on board the boat. I concluded from his description of tbe man who gave him the letter, thai he was the saifce person, and told Ors- well lhat 1 should know lum if I should see him again.- TWENTY-THIRD DAY. 'Thursday, May 30. William Simmons, (recalled) Samud Thompson, Wm. Dimon, Samuel Thompson Jr., Benjamin Foster. Allan Wardell.— [These witnesses testified lo a laige concourse of peaple—staling their numbers variously from 50 to 150—col- lected around, and in the lane near Mr. Avery's house on christnias day ; and lo the apprehensions of his family and friends for his personal safety. Most of ihem concurred too, instating that Mr. Bullock immediately on coming to the scene ofthe supposed dangers, went to the corner ofthe street near Mr. Eastabroeks, and remained there lil^the crowd dispersed at the ringing ofthe steam-boat bell, when he went through the north lanu. He was not seen with Col. Harnden by any of ihem. The witness Foster slated the crowd to consist of from 100 to 150, among whom he saw 8 or 10 " select men." These on his cross examination he defined lobe persons dressed in long coats ■ind light pantaloons and having ihe appearance of gentlemen. The rest |of the crowd he said had round jackets on, except 47 about a dozen who had no jackets at all. f 151. John O. Harding.— James R. SanJfords character foi truth and vera-ny i* bud 152 Jonathan Browning— [Witness withdrawn, his evi- dence being objected u.] J[ i William Lawless (recalled for aaattional cross-examina- tion.)—i lately had a conversation with Puier G.adding abou his seeing Mr. Avery on tne morning of ihe 21st of December, as he was returning io Bristul. I did not ted him Avery had u pea jacket. I might have told him he had on a box-coai, which he had. By Mr. Ramfolph. I described the coat as one I had seen Mr. Avery have oh before—one that he rarely wore except in rani. I did not call it a pea-jacket. Pctir Gladding rer.alttd.—l lately conversed with Mr Liwless about Mr. Avery's dress wn the 21st of December. H-: said Avury had on a bjitle-grecn pea-jacket with a stand up collar. -,,,,* • Cross-examined.—I am sure he said pea jacket, and that he ifioughi he had seen him have on the same garment betore This conversation was since the trial began. 153 Mary Freeborn.—I saw Mr.Avery on the morning of ihe 21st of December, as he was tuning the cornei near our house in Bristul. He had on a box coal, buttoned close, and held a Fanny Cook.— Recalled for further cross examination. I ever lold Ainerl G. Cook or Juhn*Barriiigioii oi any oilier >• rsou thai I did not see Robert Wilcox ha.e a mm. Cook sked me about n, and I said I would not n;ti tutu any tiling. 've told you ihe irulh and n .thing but the ir j th. 157. Albert G. Coofc.--Yesti/rday morningat John B*rnng- -u'-sl heard Mrs.FannyCook say she dniimi »ee Robt Wt cox iave a gun, and thai she knew ueibiug abom it, on'y ihai she iad a-sked his boy where he was, and that he lold her be bad one a gunning. Cross-examimed.—The conversation commenced by my oiling her some faid she had seen a g1. n, and some that she tad not, and I wanted lo know how it was. [Tbe - itness on e cross-examination as to his motive in seeking ihis converta- ion, showed a disposition to try conclusisns with Mr Ma.son, ind shortly found himself done up in such slyle a3 lo render il loubtlul whether he will ever again dare to give a positive an- swer to any question.] 158. John Barrinaton.— [The witness heard the conversa- lion related by the last witness, and corroborated his statement throughout.] By Mr. Mason.—Please to repeat again what you heard Co>k say to tbe old lady, and her reply. Witness.—Why, I said i.at he said lhat some said she had pockul handkerchief in his hand. This was soon after sun- said that she had jaw a gun, and some *ajd that she did not; rise. and she told lum she saw no gun, &c. Cross-examined— He was about two rods off, with his face) Robert Wilcox (recalled.)—I had uo.^un with me on the towards me. I remember the day because my grandmother died j20th of December. lhat morning. Andrew Brownell, recalled.—I saw Robert Wilcox in the 154. Fanny Cook.—On the 20ih of December, I was at Daniel'afternoon of the 20ih of December, in Feather Bed Lane (so and Robert Wilcox's. Just as we had finished lea, a Utile past culled either trouilhe great number of stories or of geese in it.) 3 in ihe afternoon, I turned from the table and looked out of He had either a hoe or a stack of wood wnh a pail of slams the window, and saw Robert Wilcox coming home from clam- hanging on it over his shoulders, but no gun. ming. He had a basket or pail of clams which be carried wnh| Mary Wilcox is the wife of Mr. Daniel Wilcox. Robert a suck or hoe, on his shoulder, and a gun under his arm. I know Wilcox lives in the same house with u*. On the afternoon of it was a gun, for when he got over the fence near the house, he the 20th of December I saw him on returning from the shore leaned it aganst the fence and I saw il distinctly. Iwhere he had been for clams. He had no gun. Sarah Brow- Cross-examined— I first told this at the lime of the Bristol, nell was there and asked who that was in Capt. George Brow- exaininanoii; it runs in my mind that my son ?^id that MrJnelt's lot.; I told her it was Robert Wilcox, and ssnd, " I thought Avery had said he saw a man jvith a gun, in the account he)you would have known him." gave of his route on the island, and this brought it to my recol-j lection. Cross-examined.—He was going towards the gate. This was about 3 o'clock as near as 1 can judge. ISi.George P. Pierce.—Hive in Bristol. I overheard part of a Elizabeth Brownell.— [Wuness saw Robert Wilcox about conversation between Mr. Lawless and Mr. Gladding, con-!tbe same time going towards home with a pail on his shoulders eerning Mr. Avery's outside dress when he returned te Bristol but with no gun ] * « on the morning of the 21st of December. I heard Lawless say! Fanny C6ok.—Recalled for further cross-examination. I it was a green pea jacket, with a slund-up collar. Idon't recollect telling Albert G. Cook whether I had seen Robert Cross-examined.—I heard Gladding contradict Lawless, Wilcox with a gun or not; I know I did not swear to, and I've and say Mr. Avery had on an outside " garment* or " coat," he told here the truth and nothing but the truth. [The witness can't be positive which; I can give no reason why I recollect afterwards admitted she had lold Cook that she saw no gun, more distinctly what one said lhan ihe other. land said that she did il to put him off, knowing he would make Stephen Bartlett recalled.—I have no recollection of Mr. a handle of it.] Avery's going io Fall River wilh me previous lo the I9ih of Oc- tober. On the 20ih October, he and Mr. Bidwell came toge- ther to the stables at Bristol; they were to exchange the next day, (Sunday) and Mr.Avery wanted lo engage a horse to ride over lo Fall River the next morning ; but Mr. Bidwell said as the people there bad been once disappointed when ihey expecting to hear him, he leared, unless he was there early m the morning, ihe congregation would be thin ; and finally pre- vailed on hun to go over that eve'ning m the steamboat. ISG.John S Brownell.—I live in Portsmouth. Jane G fiord's character for truth and veracity is bad. [The witness, on his cross examination, could not b« made to comprehend the dis- tinction between his private estimate of Miss Gifford's moral worth, and her general characier as indicated by the speech o! people; and became so petrified by the Attorney General's- questions that ihe united voices ofthe court and counsel on both sides, aided by the stentorian efforts ofthe sheriff* could scarce- ly make him quit ihe stand. Luther Chase recalled.— I stated to Mr. James Sherma that I saw and coversed wnh Mr. Avery on the 20th of Octo- ber ; I told him lhat I saw Avery about 9 o'clock ; that h< overtook me near the four cornets and mentiwned the conver- sation I had with him. I told him that " I shuuld not like ii swear to it, but 1 am just as sure as I am here." My unwibi- ness lo swear was not because 1 bad doubts that I had seei, Mr. Avery, but bi cause I wanted lo keep clear of the whole matter. Crow examined.—I do not recollect expressing to Mr. Bur- den, any doubts of my having seen Mr. Avery. I might havt Baid and, probably did say, that I d.d not want to testily. Mr. Randolph here stated lhat the evidence for the Dcfenci was closed. Recess nil three o'clock. Tne Attorney General called tbe following witnesses on be half of the Government We omitted in the proper place, namely, at the close of the testimony for the prosecution on Wednesday, May 29ih, to mention ihat the Hon. D. J. Rice read in evidence, extracts from the following works which had been given by the Physici- ans previously examined, as medical authorities io be ruled on, viz. I. Burns Midwifery, p. 149. Beaudtloqne, p. 35. Denman, pp. 1C5, and 123, -Sec. 3. XIII Rees Cykpcdia, Article Embryo, llumiltoris Outline of Ihe Theory urtd Prac- tice of Midwifery p.t;6. Edinburgh sysltmoj Anatcmy, p. 11. II. Back's Medical Jurisprudence, pp. lb*, *>., 5, cohluinmg extratts from Bectui d, 2, 3, 4 ; 491, 2, 5 ; 504 ; 514; 364: Chit,ty's Crim Law,bb'i: Phil. Ev. 230. On behalf of the Defence, extracts fit-In legal works were ad as follows .—I. St-rkte 478, 480,566 and note, 508. 510, 511,513,595. II. Starkie 364, 367. II. McNally 579. Essay on Presumptive proof (an appendix to Philip's Evidence) p. 15, 22,2-1,27,37. The Medical Authorities read to the jury on the same behalf by Mr. Randolph were as follow*; II. Beek's Meoical Juris- prudence, pp. 10,14, 24, 36, 43 ; Rycr,p. 172; and III Meckel, p. 436; upon which, in connection wnh the medical evidence previously given, he commented, for die purpose of establing ihe following positions; nameiy, that the deceased died of stran^ii- ation by hanging, and not by horizontal conrtruciion ofthe cord ; hat the mode of her death in reference to the author of it was -uicide, and not homicide ; lhat 'he foetus which she bore must iave been conceived prior to the Thompson Camp Meeting. md consequently lhat its paternity could not by the evidence' be charged to the prisoner. Hon. Jeremiah Mason. May it please the Court, Gentlemen of the Jury.— I cordially unite with the associate courted who yesterday I 48 preceded me, in congratulating you and all who nave been en- baye enwrapedohe minds ofthe witnesses. Many who at first gaged in this extraordinary trial that there is at length somi, would onlysay*it is my impression I saw himhero," or"I am prospect of its b«ing brought to a close. A trial more extraord nary wo shall not find recorded in the annals of this country ever it we go back to its history from its earliest settlement, nor per- haps in those of any othet. During three long weeks of daily labour and arduous attention, il has demanded and received thi utmost exertion of our mental and physical powers, and then are few of us who do not manifest the fatigue and exhaustfon which we have suffered. Yet the heaviest and most arduous part of your duty, gentlemen, still remains to be performed. How are you to dispose of the mass of testimony which has accumulated before you ? How are you ever to remember a comparatively small part of the evidence which you have heard ? I need not tell you that the human memory is unequal tothela:;k,—yet the very theory of trial by Jury is founded upon a supposed power of accurate recollection and comparison of conflicting evidence ; and when the court refused you paper to take notes as a weans of aiding ihe memory of a Jury not usually allowed, they doubtless did so from a scrupulosity to infringe upon this principle. It is by your own unaided memo- ries that you must be guided to your ultimate decision, and you must not. depend upon the recapitulations of counsel on either lest you should be misled. Your three week's memory, is required lo disentangle the thread of truth on which the des- tiny of my client depend?, from among the endless varieties difficulties, discrepancies, and obscurities in which it is involved. * Il is no! the least remarkable peculiarity of this trial, nor oiip which will lessen the labour and responsibility of your duty, ivouiu oniy say it is my unpreoM<>u i o«v» miuuciu, ui » am rnclined to think I saw a man resembling him there, converses •vitli his neighbors, has his weak impressions confirmed from 'heir lias, and hears them corroborated from Bourses which, hougbTney have primarily sprung from himself come to his ?ar with all ihe force of new and original authorities; ami these impressions which were mere Evanescent conjecture:-, light as the veriest gossamer, are brought out with (yke strenglli and confidence of established convictions. Let tho social fever rage, and the impressions grow with tbe feelings which they have excited, taid then let a man of the greatest virtue attempt to analyse those convictions which he has derived from the evi- dence of his senses, from among those which he lias acquired from conversation with his neighbors; and he will, if he can irace the distinction at all, become astonished at the influence under which he has unconsciously passed. To this cause wo may attribute the -serious discrepancies which have appeared in the testimony produced on this trial. [The learned counsel then expatiated on the various causes of public excitement already mentioned in the previous speeches.] The first point which it is incumbent upon the government to prove ia this case is, that the deceased came to her death by homicide and not by suicide; for if this is not proved there is at once an end ofthe inquiry. You must have the crime proved before you seek the Griminal, and if this is not proved beyond any other point in the indictment, the prisoner has nothing to fear. I do not mean to say that a prool of this kind can never be derived from circumstantial evidence, but it must be such a proof as a person of a strong mind will not hesiiate to admit as that it has been attended by an unparallelled public excilement.'conclusive. In the language ofthe learned gentleman who In the coyrse of a tolerably long experience in courts of Justice, I have never seen nor read of an excitement of public feeling so calculated to prejudice the rights of an individual, or the *afe adi« uislration of the public laws. Most unfortunately for the defendant in ibis cause this excitement has generally flowed in opened this cause, the evidence must amount to a " moral cer- tainty," or as Lord Bacon and others express it, must leave the mind " without doubt," or '* without reasonsable doubt;" for as long as ai.y doubls hang on your minds concerning this es- sential point, you cannot convict the prisoner or any other man a li'le of unexampled prejudice against him, and he has been alljof this crime. But what has been the testimony to establish but executed for a crime of which hv may be innocent, and itijthis point ? not that of any person who swears he saw tho which at least he has been implicated without proof. There is mortal blow inflicted, but a mere web of trivial, and in them- nothing so extraordinary in the crime itself, even if he had been guilty of it, as either to justify or account for a degree of preju- dice so unexampled and deplorable. Crimes even of 'his kind are generally permitted to abido a fair judicial result, but so universal has been the influence of excited feeling on this cause ib/ttfuch a result can be obta ned bu' with great difficulty if it. can be obtained at all. The difficulty of forming a jury for selves, unconnected circumstances, woven by the skill of the prosecution into a texture of injurious probability, which you would not deem sufficient even in a civil action to justify your demanding damages from a defendant. The crime which this tesiimony has been brought to prove stands at the head of all human offences; for though treason and ars«n may do more mischief to society, none inflicts so deep a wound upon its focl- this trial affords astriking illustration of "the breadlh and tlepthfings. From the infreqiiency of murder as compared lo that of towlutii this influence has wrought; and if the prisoner had suicide, much stronger proof is required to render its perpetra- heen allowed to challenge every juror eilher peremptorily tuition probable,—and nearly in the same proportion as suicide is for favor, who could have been procured from the whole countyjfess probable than a natural death. In New England there are of Newport he would perhaps have placed himself but in a fairjthirty suicides to one murder, and in all other countries the oc- position of defence again-1 ihe st;;te of feeling which hn.< pre-irjunence ofthe latter is so much less frequent than that of the prevailed. Since this injurious mlluence cannot be doubted thi^fonner, as to establish the actual improbability of murder in first and most difficult consideration is how you are to get ridjany case, of violent death where the supposition of suieide is of il ? I doubt not your integrity, Gentlemen, nor the puriiy.not precluded by the peculiar circumstances of tbe case. In of ci'OMience which will,conduct you lo the issue of this solemnithis case, however, all attending circumstances strengthen trial; but it is the nature of all popular prejudices to be more;rather than oppose ihe natural probability of suicide, whether or less irresistible in loose effects upon the strongest and the we derive ihem from tbe state of mind and character ofthe de- purest minds. A prejudice unfounded in truth and unjust injeeased, or from the evidence adduced to implicate ihe prisoner principle may arise like a vapour from the most obscure andas her murderer. That a girl whose character was so utterly mysterious source, until it takes the hue and form of rcaliiylrepulsive that she could not long retain a cover for her infamy and fixes its image upon the mind with the force, of sincere con- in any one ofthe numerous places through which she wandered, victim. • Whole communities have been deluded by prejudices should at length have rid herself of an existence which she no of this shadowy origin, and untaught by the pait, the samc'longer valued, would be but one probable addition to the nu- communities have again yielded to similar delusions. Lord;merous, though melancholy examples of suicide which have Bacon, the early lumuiaiy of ihe European worid at the con-|occurred under similar circumstances; but lhat the defendant, elusion of the darH»ages, called th'rso prejudices the " idols of a man of high religious reputation and unsullied character, the mind," ami no idol ever held its votaries in stronger chains should have selected a spot in the vicinity of a populous vil- of superstition, than th"se held the whole political, scientific and moral world at that period. The learned counsel who opened this cause fir ihe prosecution excited a smile when he alluifed to those ancient snenes of judicial murder for the inrii-'i- nary crime of witchcraft which disgraced our early history, as ihoogh there was nolhingso ab ;urd as il. delusion which created them; yet these trials were, brought -n and conducted by men w!;o for-fearning, pieiy jnd sound morality were surpassed by non'i in the world. It is true they afterwards iaw tjieir deluuion ;.ntl repented, bitterly rcipenled of the acts to which il had led iIihmi, and annually held Iheir fasts and vigils over the ashes-ol their victims ; but tbey bt-eame enlightened too late ; for their viclimshad already been sacrificed. To the well known Po lage, intersected wilh public pa.th-ways, for the commission of i murder, is at once against all external probability. And what s the internal evidence of this case to preponderate^ even to balance this external objection? John Durfee,the first witness called for the prosecution deposed thai he cut the cord which was around the neck ofthe deceased, about half an inch from the stake from which she hung,aad lhat there was something more than five inchc-s of cord after it had been thus cut hanging from her neck. But all the other witnesses who have deposed to this point, have sworn directly the reverse, and that four, five, or six inches of cord were hanging from the stake and but about half an inch from her neck! If the witnesses leave such things s these uncertain how* are we lo rely on their statements re- • plot, s-* popular in Englith History, more than one hundred ^pecting the various other minute but important particulars of per- >ns of the highest virtue an.l di<-t inction were sacrificed.per situation when found? Then come* the discriplion of the although not even a thought of the crime for which they sull'ercdjippcarances on her b»dy, as given by the women who prcpa- ever visiled their minds, a.nd although the crime itself was dis-^ed her for interment; these however were so slight as not to covered to be a. mere airy fabrication. The difficulty hereJhave cre.itedany ideaof murder in their minds until iiwassubss- howc\er,is not found in the tribunal, but in the prejudices whicfo.itientlysfiggesed to them by a totally different cause. They ot- 4 49 ~«r.d »*reenn**rk upon her knees as if from the juice of grass, T . I- ,^.,U nnf wash out, and it is therefore uncertain whether "'ttlinS'"^11' But if tLe 8Uin werc oflhis Wind where is the improbability that this strange creature -hose religious feelings were not less strong than her other T^ions should have exerci-.edthem in devotion on the soemn ^asimVof her leaving this world for another ; and thus; hav. marked"hcr knees in the manner they hate been described? As m the other appearances «fth« body .as deposed to% the two nedical men who examined them, it is sufficient to say, on the .niLritv of all ihe other medic,! witnesses who nave tieen vs- i that thev must be deemed entirely msirictuswe onMie ^"±nrvioleace and murder, if it were only from the length minister of our holy religion, whose character id said to have1 stood fair and unblemished, and who is associated with a re- ligious body whose piety, zeal, intelligence, and numbers, are equal to those of any in this country. The naturally jealous interest which is feltthoughout that numerous body in the issue of this trial, on the one hand; and the proportionally stern demands of public justice on the other, render the performance of my duly more uniilea^ant, and yours more difficult than on ordinary occasions. But, Gentlemen, it is our duiy to look at medical men who examined them, it is sufficient to say, on the this cause as ilia', cf tka defe.,d„oi only, and not as" that of any • uthority of all ihe other medic.1 witnesses who have/been en t d hid highly lalentvd counsel had gone through the great mars of let- i niony. with a pnwer of intellect and of language, wfocli for eight hours, had bound a dense audience in silent aMom&binent und solemn convict ion, he thus concluded ; Now, gentlemen, if thejinsoner was noi' iiic perpetrator of hi* crime on whom can ihe slightest suspicion lull, on whr afu-r ibis can suspicion rest lor any earihly crime? Ihavo irovrd beyond all reasonable doubt lhat he alone was the t;,. horuf this deed, and I now dt niand of him, as it is my <'uiy o do, to account, if he can, for the death of this citizen upon he principal of his innocence. He was the last being tccu in her company, and this wss on the evening and near the place of her death ; 1 demand of him to account for her. What occurred between them there, and what was the pro,ress of her offerings can now be known to him only by whom nothin- 'i unknown. The prisoner, if we may extend our charity so far as to suppose it, might noi have mei her there with murder in bis heart, but might have been suddenly induced to take her life by the dreadful state in which his cruel attempts at produc- ing abortion by violence'may have lefi her; and to this be was doubtless impelled by the strongest motives which could influ- ence a guilty mind trembling under the fear of detection, in- famy and ruin; yet I sti.l call to him to account for her eeath upon tbe the theory of his innocence. Bui how dees he account for himself during the evening of this unfortunate woman's mur- der? He had been invited lo spend that evening at 'he house of a religious neighbour, a member of his chinch; but he declined ihe invitation without assigning a reason for so doing, and pro- ceeded on the favourable occasion, of a boisterous December evening, to take a vague excursion in pursuit of'objects of natu- ral history; From an early hour in the afternoon to half past nine at night, he meets no one but a boy who was near a fleck of sheep, and a man who was carrying a gun; lo these he bath shown on several occasions during ihe progress of ihe les- imony for ihe prosecution, and of the Ai'orrny Gtneral's Ad- ' re?« ** Mr. Rando'ph having arrivtd, the prison, r wis directed to k upon the Jury, and 'he question being put " How say you T walk'and size excited his suspicions that this was her situation sailed wnh a fair wind for Bristol in a schooner whirl, had, at thai time, was severely remarked on, because the utmost been prepared for him > ♦ ^r.