Ephraim Kingsbury Avery (December 18, 1799 – October 23, 1869) was a

Methodist Methodism, also called the Methodist movement, is a group of historically related denominations of Protestant Christianity whose origins, doctrine and practice derive from the life and teachings of John Wesley. George Whitefield and John's b ...

minister who was among the first

clergymen Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...

tried for

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

. 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 Tiverton is a New England town, town in Newport County, Rhode Island, United States. The population was 16,359 at the United States Census, 2020, 2020 census. Geography Tiverton is located on the eastern shore of Narragansett Bay, across the Sa ...

, 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 (May 3, 1803 – December 20, 1832) was a Fall River, Massachusetts, 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 wa ...

, of

Fall River, Massachusetts Fall River is a city in Bristol County, Massachusetts, United States. The City of Fall River's population was 94,000 at the 2020 United States Census, making it the tenth-largest city in the state. Located along the eastern shore of Mount H ...

. 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 () is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in ...
, 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 A coroner is a government or judicial official who is empowered to conduct or order an inquest into Manner of death, the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within th ...

's jury was convened in Tiverton before any

autopsy An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any di ...

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

suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...

hanging Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging i ...

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

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

Bristol, Rhode Island Bristol is a town in Bristol County, Rhode Island, US as well as the historic county seat. The town is built on the traditional territories of the Pokanoket Wampanoag. It is a deep water seaport named after Bristol, England. The population of B ...

. This jury overruled the earlier finding of suicide and accused Ephraim Kingsbury Avery, a married Methodist minister, as the " principal or accessory" in her death. Avery was quickly arrested on a charge of

, but just as quickly set free on his own

recognizance In some common law nations, a recognizance is a conditional pledge of money undertaken by a person before a court which, if the person defaults, the person or their sureties will forfeit that sum. It is an obligation of record, entered into before ...

A very bad man - Ephraim Kingsbury Avery

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 Poverty is the state of having few material possessions or little

income

, on

Christmas Eve Christmas Eve is the evening or entire day before Christmas Day, the festival commemorating the birth of Jesus. Christmas Day is observed around the world, and Christmas Eve is widely observed as a full or partial holiday in anticipation ...

. That night in

Fall River Fall River is a city in Bristol County, Massachusetts, United States. The City of Fall River's population was 94,000 at the 2020 United States Census, making it the tenth-largest city in the state. Located along the eastern shore of Mount H ...

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

Christmas Christmas is an annual festival commemorating Nativity of Jesus, the birth of Jesus, Jesus Christ, observed primarily on December 25 as a religious and cultural celebration among billions of people Observance of Christmas by country, around t ...

being not widely celebrated in largely

Puritan The Puritans were English Protestants in the 16th and 17th centuries who sought to purify the Church of England of Catholic Church, Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should become m ...

New England New England is a region comprising six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York to the west and by the Canadian provinces ...

), a

steamship A steamship, often referred to as a steamer, is a type of steam-powered vessel, typically ocean-faring and seaworthy, that is propelled by one or more steam engines that typically move (turn) propellers or paddlewheels. The first steamships ...

was

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. It is implicit that the granter retains superiority (or sovereignty), and that the rec ...

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 A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...

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 A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

of Fall River, Harvey Harnden, obtained from a

Rhode Island Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...

superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...

judge a warrant 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 is a town in Cheshire County, New Hampshire, United States. The population was 6,476 at the 2020 census, up from 6,014 at the 2010 census. Rindge is home to Franklin Pierce University, the Cathedral of the Pines and part of Annett State ...

. 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 is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdict ...

Avery to

Newport, Rhode Island Newport is an American seaside city on Aquidneck Island in Newport County, Rhode Island. It is located in Narragansett Bay, approximately southeast of Providence, Rhode Island, Providence, south of Fall River, Massachusetts, south of Boston, ...

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

indicted An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...

for murder by a Newport County

grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...

. He pleaded "not guilty".

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 is a branch of Christianity that follows the theological tenets of the Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century against what its followers perceived to b ...

was suspicious of the encroachment of the comparatively new sect of

Methodism Methodism, also called the Methodist movement, is a group of historically related denominations of Protestant Christianity whose origins, doctrine and practice derive from the life and teachings of John Wesley. George Whitefield and John's br ...

, 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 ''Smeared'' is the debut studio album by Canadian rock band Sloan. It was released in Canada on October 1, 1992, and in the United States in January, 1993, on Geffen Records. The album was recorded at a low cost of $1,200. The album is ranked ...

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

Methodist Church Methodism, also called the Methodist movement, is a group of historically related Christian denomination, denominations of Protestantism, Protestant Christianity whose origins, doctrine and practice derive from the life and teachings of John W ...

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.

Trial

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

Rhode Island Supreme Court The Rhode Island Supreme Court is the court of last resort in the U.S. State of Rhode Island. The Court consists of a Chief Justice and four Associate Justices, all selected by the Governor of Rhode Island from candidates vetted by the Judicial No ...

). The lawyers for the prosecution were

Rhode Island Attorney General The Attorney General of Rhode Island is the chief legal advisor of the Government of the State of Rhode Island and oversees the State of Rhode Island Department of Law. The attorney general is elected every four years. The current Attorney Gene ...

Albert C. Greene Albert Collins Greene (April 15, 1792January 8, 1863) was an American lawyer and politician from Rhode Island. He served as a United States senator and Attorney General of Rhode Island. Early life Greene was born in East Greenwich, Rhode Isl ...

and former attorney general

Dutee Jerauld Pearce Dutee Jerauld Pearce (April 3, 1789 – May 9, 1849) was an American politician and a United States Representative from Rhode Island. Early life Born on Prudence Island, Pearce graduated from Brown University, Providence, Rhode Island in 1808, ...

. The six lawyers for the defense, hired by the

, were led by former

United States Senator The United States Senate is the Upper house, upper chamber of the United States Congress, with the United States House of Representatives, House of Representatives being the Lower house, lower chamber. Together they compose the national Bica ...

and

New Hampshire Attorney General The Attorney General of New Hampshire is a constitutional officer of the U.S. state of New Hampshire who serves as head of the New Hampshire Department of Justice. , the state's attorney general is John Formella. Qualifications and appointment Un ...

Jeremiah Mason Jeremiah Mason (April 27, 1768 – October 14, 1848) was a United States senator from New Hampshire. Early life Mason was born in Lebanon, Connecticut on April 27, 1768. He was a son of Jeremiah Mason (1729/30–1813) and the former Elizabet ...

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

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...

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

maintained that Avery had not been present when the murder occurred, the larger part of the defense strategy was to call into question Sarah Cornell's morals. The defense characterized her as "utterly abandoned, unprincipled, profligate," and brought forth many witnesses to testify to her

promiscuity Promiscuity is the practice of engaging in sexual activity frequently with different Sexual partner, partners or being indiscriminate in the choice of sexual partners. The term can carry a moral judgment. A common example of behavior viewed as pro ...

suicidal ideation Suicidal ideation, or suicidal thoughts, means having thoughts, ideas, or ruminations about the possibility of ending one's own life.World Health Organization, ''ICD-11 for Mortality and Morbidity Statistics'', ver. 09/2020MB26.A Suicidal ideatio ...

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

for

fornication Fornication is generally consensual sexual intercourse between two people not married to each other. When one or more of the partners having consensual sexual intercourse is married to another person, it is called adultery. Nonetheless, John ...

had come from a fairly prosperous and prominent

Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...

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

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

gonorrhea Gonorrhea, colloquially known as the clap, is a sexually transmitted infection (STI) caused by the bacterium '' Neisseria gonorrhoeae''. Infection may involve the genitals, mouth, or rectum. Infected men may experience pain or burning with ...

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

secret society A secret society is a club or an organization whose activities, events, inner functioning, or membership are concealed. The society may or may not attempt to conceal its existence. The term usually excludes covert groups, such as intelligence a ...

, 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

, but the

public opinion Public opinion is the collective opinion on a specific topic or voting intention relevant to a society. It is the people's views on matters affecting them. Etymology The term "public opinion" was derived from the French ', which was first use ...

was that Avery had been wrongfully

acquitted In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...

. Rallies hanged or burned

effigies An effigy is an often life-size sculptural representation of a specific person, or a prototypical figure. The term is mostly used for the makeshift dummies used for symbolic punishment in political protests and for the figures burned in certai ...

of Avery, and he himself was once almost lynched in

Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...

. 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 Willbur Fisk (August 31, 1792February 22, 1839) was a prominent American Methodist minister, educator and theologian. He was the first President of Wesleyan University. Family background Fisk was born in Guilford, (near Brattleboro), Vermont on A ...

, 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

, then upstate

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

. They ultimately settled in

Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...

, 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''.

The murder

War for public opinion

Trial

Acquittal and aftermath

References

Further reading

Fiction

Non-fiction