Ephraim Avery Trial: 1833

The trial before the state's three-member Supreme Judicial Council (Rhode Island's highest court, now called the Supreme Court) began on May 6. The prosecutors were Albert Greene, the attorney general of Rhode Island, and one of Greene's predecessors, Dutee Pearce. Jeremiah Mason, a former U.S. Senator and one of the greatest lawyers in the country, led the six-man defense team, hired by the Methodist Church.

The trial lasted 27 days, during which 500 spectators crowded every day into the courtroom in the old Colony House. During the proceeding, Avery did not speak for himself because, under Rhode Island law at that time, defendants in a capital case were not allowed to testify in their own defense. Still, the jury had plenty of other witnesses to listen to. In all, the prosecution called 68 people to the witness stand while the defense called 128. As was the practice of the day, the members of the jury were not allowed to take notes and they may have been confused by the enormous amount of testimony that was given.