The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-01-13
JEREMIAH MAsovs GREATEST else
How he Secured the AcquittaI Of the Rev.
EphrnIm X. a very.

From ne American Lac Reri,r.
Ono II Mr. Mason's earliest cases after his
removal to Boston in 1892. and the most ccle-
bratrd criminal ease he was ever in. was that ~
the Rev. Ephraim H. Avery, Methodist minis
Ter who was indicted and tried for murder in
On the morning Of the Dist Of December 1892.
thchody o' II young woman, name sarah Maria
Cornell. was found hanging in retired field be-
hind a havstnck, in the town of Tivcrton, H. l..
and near to Fail River. The body bore marks VI
violence; and the position in which it was. to-
gcther with other circumstances. seemed to re-
flute the idea of suicide, The deceased. who
worked in factory at Fall River. had been.
the Methodist Church by Avery. when he was
minister there. for unchastty and falschool.
In her handbON WIS found "A slip " paper, with
the following words written with pencil
II am missing inquire OF the Rev. Mt Avery Bristol
II, WI Know where am gone
Two anonymous letters wore also found i'm
her trunk one. OF u very compromising char
acter. max ing an appontmcnt for TINT day and
evidence in the ease strongly tended to trace
both of them to Avery. 1t WIS proved. too. TINT
the woman had met Avery at a camp meeting at
and that she aitcrward proved to be- with child
and had charged him. To- her friends. with be-
but had hitherto borne an irrcpronchablc char
actor. and ut this time minister Of the
Methodist church at Bristol. IL, WIS shown To
have crossed the ferry on vic Goth. early in the
afternoon. from Bristol To- Portsmouth, and to
hay. returned To the ferry at 10 o'clock at night
too late to rtrross. man much resembling him
in person and dress WIS traced To- the ncighhor-
hood OF Fall River and observed lettering near
the haystark 1T about sunset. and the young
woman. who had lift her boarding house about
the same time that day to keep. ~ she said an
appointment. was last seen in company with "A
man 81 about his size and appearance. Shricks
nad AIS" been heard ~ the evening, proceeding
from near the hnystnck.
The discovery Of the poor woman's body
caused an Intense excitement in Fall River. and
a verdict of death by suicide returned by the
Coroner Jury gave such dissatisfaction that u
second inquest was held. Avcry's statements
as to his whereabouts were very unsatisfactory
II" asserted that after he had crossed the ferry
Ia" had gone south toward some coal mines and
taken an indefinite and seemingly purposelcss
ramhlc OF six or eight miles on bleak. wutry
dav, stopping nowhere until he returned late at
nlEht To the Terry house: and although lac men
toned passing different perSons-a man out
cunning and a boy driving shccp-no one APP
pcared To cOrrOboratn him. lie had too. few
days before. declined an invitation for the 10th.
and had left home when one Of his children was
but was brought back and committed for trial.
The prisoner WIS tried in the supreme Court
at Newport. in May and June, 1893. the trial
taking twenty seven days. Mr.. Mason. who
was now 90 years Of age, was retained M the
leading counsel Tor the defence The popular
prejudice against the prisoner was intense, and
II was with difficulty a Jury could br obtained
strong oppos ton was made by counsel TO tho
admission IN evidence Of the letters and the
pencil memorandum but they were admitte {;
the letters rs being to some degree traced by
other evidence To- tho defendant. and the memo
randum ~ tending to rebuff the theory Of sui
cluv u very pursi ohan' ruihE. IN, &c
frndhnts counsel. however. wisely raised few
NtNHftlpnS 10 evidence.
Had it not been for tho position anil previous
good character II the defendant and the great
caution and -k IN with which his def nr' was
Conducted. he would have been convicted; and
there can hr no serious doubt Of his guilt The
evidence. however. WAS entirely cirrumSttutlal .
part ni IL was very slight and, uu ia" Whole. per-
haps IN" g. - WAS not proved beyond "a legal
doubt. and the verdict ultimately rendered was
right. Mr. MusNus nr4unipnt occupied over
seven hours. II wis entirely bare 30 all rhetoric
or ornament. aud was devoted IN showing that
several IS ntinl links IN the chain n evidence.
required Ia bring home tn" crime g. the pri--
onrr. wrrn too weak tu Justify verdict If gull
~ plrti ouarly. that Il Wa. hy mo- means -utis-
IA tOrily established that tn" deceased did not
commit suicide. m" analysis 81 the cNdrn.
was extremely able; and the skill with which
Tn" prevailing feeling against the prisoner was
used 10 warn the Jury against too ready an
weapon of defence. WIS very great The At
torney- General replied ia a speech OF mu IA
! power. After an au-"ncc OF seventeen hours
| the Jury brought in u verdict % not guilty.
Although Avery was unanimously eNuu"ratcd
! hy the Conference ~ the Methodist Church tar-
ton that has more than once had lie counter
part in other demon .Iatlou~l. h. aitsrward lrft
| the ministry. He survived his aeIuiital more
! than thrty-siX years. during which he led a
fold. OHIO whore h" had long resided. In 1869.
We n"vrr heard TINT b" lnadc any confession 4
She h"inouS crime Of which he was almost GER
/ tainly guilty.
/ s.-aking IF this 'rul Mr.. Hunrd says
will MT Noucn nr tho truf f. O. lowing Af.f lo'
hut II not tru.. is pru,tic Il - sai that une
after the iri fiOui OF MIR Ma-un.. not lAwy ven
iuri g. hss hin VII. tli,r Dee himself tit ught ANiN
II VI I'M o,cnf. o. which NJ Mason rcliiDd with
lpon my word never .huu-ht OF It ~ that Asht rc