[1][3] In 1819, Avery was appointed prosecuting attorney of Wayne County, Ohio, and served until 1825.
[1][3][4][5] He was elected to the Ohio State Senate in 1824 and served one two-year term.
[6] After he complete his service in the Senate, Avery returned to his practice in Wooster.
[1][3][5] Avery married Jane Galbreath of Steubenville, Ohio November 25, 1823[1] or December 28, 1823.
[3] She died in 1824, and Avery married Gennette Marie Sherwood on February 3, 1834.