Ephraim Kingsbury Avery - AbsoluteAstronomy.com

Ephraim Kingsbury Avery (December 18, 1799 – October 23, 1869) was a Methodist minister who was among the first clergymen tried for murder

Murder

Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

in the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

. Avery is often cited as "the first", although it is thought there is at least one case that precedes Avery's.

The murder

On December 21, 1832, farmer John Durfee of Tiverton, Rhode Island

Rhode Island

The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...

, discovered a woman's corpse hanging by her neck from a rope tied to a stackpole used to dry hay. Investigators identified the woman as 30-year-old factory worker Sarah Maria Cornell

Sarah Maria Cornell

Sarah Maria Cornell was a young Fall River mill worker whose corpse was found hanging from a stackpole on the farm of John Durfee in nearby Tiverton, Rhode Island on December 21, 1832. Her death was at first thought to be a suicide, but upon autopsy, it was discovered she was pregnant. Methodist...

, of Fall River, Massachusetts

Fall River, Massachusetts

Fall River is a city in Bristol County, Massachusetts, in the United States. It is located about south of Boston, southeast of Providence, Rhode Island, and west of New Bedford and south of Taunton. The city's population was 88,857 during the 2010 census, making it the tenth largest city in...

. The family from whom Sarah Cornell rented a room discovered among her personal effects a note written by Cornell and dated the same day as her death:

"If I should be missing, enquire of the Rev. Mr. Avery of Bristol
Bristol, Rhode Island
Bristol is a town in and the historic county seat of Bristol County, Rhode Island, United States. The population was 22,954 at the 2010 census. Bristol, a deepwater seaport, is named after Bristol, England....

, he will know where I am."

Other suspicious and incriminating letters came to light, as well as a conversation she had had with a doctor indicating the married Avery was the father of her unborn child. A coroner

Coroner

A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...

's jury was convened in Tiverton before any autopsy

Autopsy

An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...

had been performed. This jury found that Cornell had "committed suicide

Suicide

Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...

by hanging

Hanging

Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...

herself upon a stake ... and was influenced to commit said crime by the wicked conduct of a married man."

After the autopsy

Autopsy

was performed, however, it was discovered that Cornell had been four months pregnant at the time of her death. A second coroner's jury was convened, this time in in Bristol, Rhode Island

Bristol, Rhode Island

Bristol is a town in and the historic county seat of Bristol County, Rhode Island, United States. The population was 22,954 at the 2010 census. Bristol, a deepwater seaport, is named after Bristol, England....

. This jury overruled the earlier finding of suicide and accused Ephraim Kingsbury Avery, a married Methodist minister, as the "principal

Principal (criminal law)

Under criminal law, a principal is any actor who is primarily responsible for a criminal offense. Such an actor is distinguished from others who may also be subject to criminal liability as accomplices, accessories or conspirators....

or accessory

Accessory (legal term)

An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal...

" in her death. Avery was quickly arrested on a charge of murder

Murder

Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

, but just as quickly set free on his own recognizance

Recognizance

In some common law nations, a recognizance is a conditional obligation undertaken by a person before a court. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges that he owes a personal debt to the state...

Cornell's pregnancy led another Methodist minister to reject the responsibility of burying her the second time (she already once been exhumed for autopsy). He claimed that she had only been a "probationary" member of his congregation. Responsibility for her burial was assumed by the Fall River Congregationalists, and Cornell was buried as an indigent, on Christmas Eve

Christmas Eve

Christmas Eve refers to the evening or entire day preceding Christmas Day, a widely celebrated festival commemorating the birth of Jesus of Nazareth that takes place on December 25...

. That night, at a mass

Mass (liturgy)

"Mass" is one of the names by which the sacrament of the Eucharist is called in the Roman Catholic Church: others are "Eucharist", the "Lord's Supper", the "Breaking of Bread", the "Eucharistic assembly ", the "memorial of the Lord's Passion and Resurrection", the "Holy Sacrifice", the "Holy and...

in Fall River

Fall River, Massachusetts

, money was raised and two committees pledged to assist the officials of Tiverton with the murder investigation. The next day (Christmas

Christmas

Christmas or Christmas Day is an annual holiday generally celebrated on December 25 by billions of people around the world. It is a Christian feast that commemorates the birth of Jesus Christ, liturgically closing the Advent season and initiating the season of Christmastide, which lasts twelve days...

being not widely celebrated in largely Puritan New England

New England

New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...

), a steamship was charter

Charter

A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...

ed to take one hundred men from Fall River to Bristol. They surrounded Avery's home and demanded he come out. Avery declined, but did send a friend outside to try to placate the crowd. The men eventually left when the steamship signaled its return to Fall River.

In Bristol, an inquest was convened, in which two Justices of the Peace

Justice of the Peace

A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...

found there to be insufficient evidence to try Avery for the crime of murder. The people of Fall River were outraged, and there were rumors that one of the justices was a Methodist, and was looking to quell the scandal. The deputy sheriff

Sheriff

A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....

of Fall River, Harvey Harnden, obtained from a Rhode Island

Rhode Island

The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...

superior court

Superior court

In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...

judge a warrant

Writ

In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...

for Avery's arrest. When a Rhode Island sheriff went to serve it, he discovered that Avery had already fled.

On January 20, 1833, Harnden tracked Avery to Rindge, New Hampshire

Rindge, New Hampshire

Rindge is a town in Cheshire County, New Hampshire, United States. The population was 6,014 at the 2010 census. Rindge is home to Franklin Pierce University, the Cathedral of the Pines, and part of Annett State Forest.-Native American inhabitants:...

. Avery later claimed he had fled because he feared for his life, particularly at the hands of the mob that had surrounded his house. Harnden extradited

Extradition

Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...

Avery to Newport, Rhode Island

Newport, Rhode Island

Newport is a city on Aquidneck Island in Newport County, Rhode Island, United States, about south of Providence. Known as a New England summer resort and for the famous Newport Mansions, it is the home of Salve Regina University and Naval Station Newport which houses the United States Naval War...

, where Avery was put in jail. On March 8, 1833, Avery was indicted

Indictment

An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

for murder by a Newport County

Newport County, Rhode Island

-National protected areas:* Sachuest Point National Wildlife Refuge* Touro Synagogue National Historic Site-History:Newport County was constituted on June 22, 1703, as one of the two original counties of the Colony of Rhode Island and Providence Plantations. As originally established, Newport...

grand jury

Grand jury

A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

. He pleaded

Pleading

In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...

"not guilty".

A war for public opinion

There were a great deal of external concerns interested in the case of the young Methodist girl who had been employed at the Fall River Manufactory. For one, New England Protestantism

Protestantism

Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...

was suspicious of the encroachment of the comparatively new sect of Methodism

Methodism

Methodism is a movement of Protestant Christianity represented by a number of denominations and organizations, claiming a total of approximately seventy million adherents worldwide. The movement traces its roots to John Wesley's evangelistic revival movement within Anglicanism. His younger brother...

, and the trial seemed to confirm their worst fears. Another was the 19th century American industrialists whose cotton mills relied on the labor of young, newly independent women. The case of Sarah Cornell cast into doubt the industrialists' assertion that women would be as safe in the factories as they were working at home with their families.

It was therefore in the interest of the factory-owners to keep Cornell from being smeared

Smear campaign

A smear campaign, smear tactic or simply smear is a metaphor for activity that can harm an individual or group's reputation by conflation with a stigmatized group...

in the press, and to push for the arrest and conviction of her murderer. Conversely, the Methodist Church

Methodism

wanted to earn respectability and make converts, and wanted to avoid at all costs a criminal and sexual scandal involving one of its own ministers. Consequently, both of these groups contributed a great deal of effort, money and publicity to the trial, for either the prosecution's side or the defense.

The trial

The trial began on May 6, 1833, and was heard by the Supreme Judicial Council (what is today the Rhode Island Supreme Court

Rhode Island Supreme Court

The Rhode Island Supreme Court, founded in 1747, is the court of last resort in the U.S. State of Rhode Island and Providence Plantations. The Court consists of a chief justice and four associate justices. The current Justices of the Rhode Island Supreme Court are:*Chief Justice Paul A...

). The lawyers for the prosecution were Rhode Island Attorney General

State Attorney General

The state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those...

Albert C. Greene

Albert Collins Greene was a United States Senator from Rhode Island.-Biography:He was born in East Greenwich, the son of Perry Greene, a brother of American Revolutionary War General Nathanael Greene. He graduated from Kent Academy, studied law, was admitted to the bar in 1812, and commenced...

and former attorney general Dutee Jerauld Pearce

Dutee Jerauld Pearce

Dutee Jerauld Pearce was a U.S. Representative from Rhode Island.Born on the island of Prudence, Rhode Island, Pearce was graduated from Brown University, Providence, Rhode Island, in 1808.He studied law....

. The six lawyers for the defense, hired by the Methodist Church

Methodism

, were led by former United States Senator

United States Senate

The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

and New Hampshire Attorney General

New Hampshire Attorney General

The New Hampshire Attorney General is a constitutional officer of the U.S. state of New Hampshire who serves as head of the Department of Justice...

Jeremiah Mason

Jeremiah Mason was a United States Senator from New Hampshire. Born in Lebanon, Connecticut, son of Jeremiah Mason and wife Elizabeth Fitch , he graduated from Yale College in 1788, studied law, moved to Vermont, and was admitted to the bar in 1791...

.

The trial lasted 27 days. Under Rhode Island law at the time, defendant

Defendant

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

s in capital cases were not permitted to offer testimony in their own defense, so Avery did not get the opportunity to speak. However, both the prosecution and the defense called a large number of witnesses to testify, 68 for the prosecution, and 128 for the defense.

Although Jeremiah Mason

Jeremiah Mason

maintained that Avery had not been present when the murder occurred, the larger part of the defense strategy was to call into question

Smear campaign

A smear campaign, smear tactic or simply smear is a metaphor for activity that can harm an individual or group's reputation by conflation with a stigmatized group...

Sarah Cornell's morals. The defense characterized her as "utterly abandoned, unprincipled, profligate," and brought forth many witnesses to testify to her promiscuity

Promiscuity

In humans, promiscuity refers to less discriminating casual sex with many sexual partners. The term carries a moral or religious judgement and is viewed in the context of the mainstream social ideal for sexual activity to take place within exclusive committed relationships...

, suicidal ideation

Suicidal ideation

Suicidal ideation is a common medical term for thoughts about suicide, which may be as detailed as a formulated plan, without the suicidal act itself. Although most people who undergo suicidal ideation do not commit suicide, some go on to make suicide attempts...

and mental instability. Much was made of how Cornell had been cast out of the Methodist Church

Methodism

for fornication

Fornication

Fornication typically refers to consensual sexual intercourse between two people not married to each other. For many people, the term carries a moral or religious association, but the significance of sexual acts to which the term is applied varies between religions, societies and cultures. The...

.

Sarah Maria Cornell

Sarah Maria Cornell

had come from a fairly prosperous and prominent Connecticut

Connecticut

Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...

family, but had fallen on hard times after her father, a successful paper cutter, had abandoned them. In her late teens and twenties, Cornell went back and forth between factory work and skilled employment as a seamstress. She acquired a reputation for petty theft and general "bad character". She moved from town to town in New England

New England

New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...

, engaging in several affairs along the way, and once contracting gonorrhea

Gonorrhea

Gonorrhea is a common sexually transmitted infection caused by the bacterium Neisseria gonorrhoeae. The usual symptoms in men are burning with urination and penile discharge. Women, on the other hand, are asymptomatic half the time or have vaginal discharge and pelvic pain...

.

The prosecution largely attempted to portray the Methodist clergy as a dangerous, almost secret society

Secret society

A secret society is a club or organization whose activities and inner functioning are concealed from non-members. The society may or may not attempt to conceal its existence. The term usually excludes covert groups, such as intelligence agencies or guerrilla insurgencies, which hide their...

, willing to defend their minister and the good name of their church at any cost.

A medical debate centered around whether the unborn child was in fact conceived in August, although Puritan standards of propriety regarding the female body sometimes made it difficult to elicit factual information. One female witness, when questioned as to the state of Cornell's body, absolutely refused to answer, saying, "I never heard such questions asked of nobody."

Acquittal and aftermath

On June 2, 1833, after deliberating for 16 hours, the jury found Ephraim Kingsbury Avery "not guilty". The minister was set free and returned to his position in the Methodist Church

Methodism

, but the public opinion

Public opinion

Public opinion is the aggregate of individual attitudes or beliefs held by the adult population. Public opinion can also be defined as the complex collection of opinions of many different people and the sum of all their views....

was that Avery had been wrongfully acquitted

Acquittal

In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...

. Rallies hanged or burned effigies

Effigy

An effigy is a representation of a person, especially in the form of sculpture or some other three-dimensional form.The term is usually associated with full-length figures of a deceased person depicted in stone or wood on church monuments. These most often lie supine with hands together in prayer,...

of Avery, and he himself was once almost lynched in Boston. A great deal of anger was also directed at the Methodist Church. To ease tensions, the church's New England Conference convened a trial of its own, chaired by Wilbur Fisk

Wilbur Fisk

Willbur Fisk , also known as Wilbur Fisk, was a prominent American Methodist minister, educator and theologian. He was the first President of Wesleyan University. Willbur Fisk (August 31, 1792 – February 22, 1839), also known as Wilbur Fisk, was a prominent American Methodist minister,...

, in which Avery was again acquitted. This did little, if anything, to quell public antipathy toward Avery or the church.

Avery later embarked on a speaking tour to vindicate himself in the eyes of the public, but his efforts were largely unsuccessful. In 1836, Avery left the Methodist ministry, and took his family first to Connecticut

Connecticut

, then upstate New York

New York

New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

. They ultimately settled in Ohio

Ohio

Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

, where he lived out the rest of his days as a farmer. Avery also wrote a pamphlet called The correct, full and impartial report of the trial of Rev. Ephraim K. Avery. He died on October 23, 1869, and was buried in South Pittsfield Cemetery, Lorain County

Lorain County, Ohio

Lorain County is a county located in the U.S. state of Ohio, and is considered to be a part of what is locally referred to as Greater Cleveland. As of the 2010 census, its population was 301,356. an increase from 284,664 in 2000...

, Ohio

Ohio

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