Mock Trial
of
Mary Dyer
1 1660
by
Fran O’Malley
Delaware Social Studies Education Project
Center for Teacher Education, University of Delaware
©2010
2 The Mock Trial of Mary Dyer
1660
I. The Charge
Mary Dyer stands accused of violating the Massachusetts “Law for the Protection of
the Bay Colony” (1657). This law states that Quakers who return to Massachusetts
Bay after being banished shall be executed. It is a capital offense.
II. Witness Roles
Prosecution Witnesses
Governor John Winthrop
Rev. Nathaniel Ward
Defense Witnessed
Mary Dyer
Anne Hutchinson
William Dyer
III. Attorney Roles
• For the Prosecution (The firm of Lets, Hang & Burier)
Attorney #1- direct examination of Governor John Winthrop
Attorney#2- direct examination of Rev. Nathaniel Ward
Attorney#3- cross examines Mary Dyer
Attorney#4- cross examines William Dyer
Attorney#5- cross examines Anne Hutchinson
Attorney#6- gives opening and closing statements
•
For the Defense (The firm of Dooshie, Swing & Dai)
Attorney#7- direct examination of Anne Hutchinson
Attorney#8-direct examination of William Dyer
Attorney#9-direct examination of Mary Dyer
Attorney#10-cross examines Gov. John Winthrop
Attorney#11-cross examines Rev. Nathaniel Ward
Attorney#12- gives opening and closing statements
3 IV. Steps in the Mock Trial
1. Bailiff Opens the Trial – “All rise, the Superior Court of Massachusetts Bay is
now in session. The sometimes Honorable Judge _____ is now in session. God
save the King!
2. Judge Presents an Overview of the Case
3. Opening Statement- Prosecution. Briefly summarize the facts that are favorable
to your side, explain the important evidence that your side will present, and ask
the jury to return the verdict that you are seeking.
4. Opening Statement- Defense. Briefly summarize the facts that are favorable to
your side, explain the important evidence that your side will present, and ask the
jury to return the verdict that you are seeking.
5. Prosecution Calls Its Witnesses/Defenses Cross-examines each one.
6. Prosecution Rests: after it has called all of its witnesses.
7. Defense calls its witnesses/prosecution cross-examines each one.
8. Defense Rests: after it has called all of its witnesses.
9. Closing Statements- Prosecution then Defense. Prosecution may rebut. Review
the evidence that was favorable to your side, remind the jury of the law or the
reason why it should not be enforces (“send a message”), and ask them to return a
favorable verdict.
10. Jury deliberates and the verdict is announced (Sentencing if necessary).
4 Defense Team Packet
Possible Defense Strategy:
You must change the focus of the trial so that the laws of Massachusetts Bay are put on
trial, not Mary Dyer. You must try to make the jury believe that religious intolerance and the
harsh treatment of the Quakers is wrong, not Mary Dyer.
Anne Hutchinson- you were banished from Massachusetts Bay and fled to Rhode Island in 1635
for three reasons: you suggested that God spoke to you directly, that some of the Puritan
ministers were sinners and because you held religious meetings with women in the colony
thereby challenging the authority of the male, Puritan ministers. After you were sentenced at
your trial, Mary Dyer showed her support for you by taking your hand and walking out of the
courtroom with you. As you stated at your trial, you “fear none but the great Jehovah [God],
“and believe that “God will ruin [Massachusetts Bay] and your posterity, and this whole state.”
You have now decided to support Mary Dyer.
*Possible Questions for Anne Hutchinson
1. What is your name?
2. How do you know the defendant, Mary Dyer?
3. Isn’t it true that you were banished from Massachusetts Bay in 1635?
4. Why were you banished from Massachusetts Bay?
5. Do you think that the laws of Massachusetts Bay are fair?
6. Would you say that Mary Dyer is a good and decent woman?
7. Do you think that the leaders of Massachusetts Bay are good and decent men?
William Dyer- as Mary Dyer’s husband, you are terrified at the thought of losing your wife and
the mother of your children. You must explain how important your wife is to your family and
promise (tearfully) that you will never let her return to Massachusetts Bay again.
*Possible Questions for William Dyer
1. What is your name? How do you know the defendant?
2. Do you love your wife?
3. Is your wife important to you? In what ways?
4. Do your children need their mother?
5. Why do you think that your wife repeatedly returns to Massachusetts Bay despite the
penalty of death?
5 Mary Dyer – as the defendant, your job is to try to change the focus of the trial. The prosecution
wants the jury to believe that you have committed a wrong against society (Massachusetts Bay).
You must convince the jury that it is not you who is wrong, but rather it is the laws of
Massachusetts Bay. You must explain why the colony’s laws are wrong while explaining the
Quaker ideals which you believe in. You must be able to give a good reason why you repeatedly
broke the “Law for the Protection of the Bay Colony.”
*Possible Questions for Mary Dyer
1. What is your name?
2. Why are you on trial today?
3. Is this the first time that you have been put on trial.
4. Why were you tried the first time?
5. Why were you tried the second time?
6. Please explain your Quaker beliefs
7. Do you think that your beliefs are dangerous? Explain
8. How do you feel about the laws of Massachusetts Bay?
9. Why do you keep going back to Massachusetts Bay knowing that you may be put to
death?
10. Do you think that a moral person has an obligation to oppose unjust laws?
6 Prosecution Team
Possible Prosecution Strategy
You must emphasize to the jury that Mary Dyer knowingly broke the law several times
even though the colony of Massachusetts tried to show her mercy on two occasions. You must
also make the jury understand that the Puritans of Massachusetts Bay believe that God will
punish the entire colony if the Quakers are permitted to practice their “false religion”.
Governor John Winthrop- as the chief executive of the colony, your job is to see to it that the fair
and just laws of the colony of Massachusetts Bay are carried out. In settling your colony, your
mission was to create a “city upon a hill” based on the Bible. This city would be admired by
everyone because it carried out the will of God. God would look favorably on your colony if
you obeyed His laws but would punish your colony severely if you failed to carry out His will.
*Possible Questions for John Winthrop
1. Ask name, occupation etc
2. Why did the Puritans come to Massachusetts Bay?
3. Describe the mission of the Puritans in the New World?
4. How do you justify the anti-Quaker laws?
5. What would happen to the colony if “false religions” are practiced in Massachusetts
Bay?
6. Would you consider the people of Massachusetts Bay to be merciful people?
7. Why is Mary Dyer on trial today?
8. Do you think that your laws have given Mary Dyer a fair chance to avoid the
punishment that she faces today?
9. What would happen to your colony if every individual did as they pleased rather than
obey the law?
10. Do you think that, if Mary Dyer were set free this time, that she would respect the
religious beliefs of the Puritans of Massachusetts Bay and stay out of the colony?
Reverend Nathaniel Ward- As one of New England’s most respected Puritan ministers, you have
taken the position that there is only one true religion in the eyes of God – the Puritan religion.
You have written a very famous essay entitled “The Simple Cobbler of Agawam” in which you
defend the position that there is “no rule given by God for any state to tolerate any false
religion.” You must argue that religious intolerance is a way of protecting a colony from a
vengeful God who may punish the colony with some terrible natural disaster and that every
colony has the right to decide its own religious laws.
7 *Possible Questions for Rev. Nathaniel Ward
1. Ask name and occupation
2. Why have you been asked to testify at this trial?
3. Isn’t it true that you have written very important essays on the subject of religious
toleration?
4. Explain some of the important beliefs of the Puritans.
5. Please explain why Puritans would not allow people to practice any religious they feel
like practicing in Massachusetts Bay.
8