North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-11-19
MELANCHOLY Afraid

AANCHOLY AFFAJP
"lehd writes US as follows. fIon"n
Ouihe Oounty' under date November lot Canton
1 LEAR eiR; l write you in order tb.,
MARS of as early as possible with tho may b
place yesterday afternoon Abon, ,, occurred in 6
YESTERDAY, Just after Court was CALLED w clock
Esq OF morganton, shot Samuel Flemo,i. =" Aver
cey' aead In the Court-House. The b ball = of Yaa
pistol struck fiemming in the right sid dom Ave
6rsaa, 80 ougn MS BODY, and lodged in y, passed
ofeast OF MS vest Flemnng died in . ~ The left
moments. A bowie knife, and some - very few
knife or spear, Were found upon bis er Sort Of
revolver in his saddle-bags. Mr. Aver isOn' and
surrendered himself, and is now in Jail nedaely
Inc facts connected with this affair f.
ton to its fatal termination. are from It's nceO
| and portion of his wite's Relations Femn6r
county ,shave been for some time past mcdowell
legation, OF character which has left in L.
impression upon the public mind that bo general
nohest ana corrupt man. In fact, indenemSSsa dis
ms lawsuits with his relations his "ueniy Of
had already given him an Infamous Otherwise
Saturday of Mcdowell Court, little TO.ofey. On
weeks since, being the day on which ,e man two
Docket was taken up, suit in which NJ, 'Ie Equity
filed bill on behalf of Mr.. GreenIee Faey had
6rother-ln-law,) against Flemminp. was INNINGS
bill, as understand disclosed schemo ns8d' The
u vliany and fraud on the part of Flu Success
which he had swindled his relations the by
out OF large sums of money. In the .ruaeenees,
the cause, MIR. Avery commented upoD n.y. ueent Of
as milo manner as duty to his client would acs In
In fact, have it from Mr.. Flemmiup's " PERMIT
sci, Mr.. N. w. Woodfn, that Mr.. Aver o"n coun
caslon made no remark which did mot ~ W. :Hd &C.
and necessarily grow out of the fair argnn1" aely
cause; and that he used no language which OF The
construed ny Flenmng personally offensive W be
Court adjourned, Mr.. Avery had no soona,s when
the Courtyard than he was app1oacbod so' upon
ming, and after interchanging few wo,d W Elem.
Avery was walking from him, with his 49, dnd as
Flemmlng drew cowhide and struck hin W nn,
blows Avery Immediately turned and knoo several
self, and knowing that Flemming was aI~a" ,eu him.
he attempted only to keep him off and knocIoIed'
down second time, when Flemminp roSo U;I l'm
rock In his hand struck Avery several blow. WIN
temple and overthe eye, which eed him 10 the e
ano rendered hin InSensbe for some time, THU
terminated the affair at Marion. Mr. Avery un Inns
ken to his room so injured by the blows indo,oId
he was unable. had he desired it, then TO punish F a'
ming for the lndignity offered him. In the men ts'
fiemmlng goes about the country boastinu that Lo
had cowhided Avery, and denouncinq him 90 ",n n0
ard, Dragging that he had cowhded One lave, 'ON,
would serve the whole profession So if thew sD anu
disresPecttuly of him. On the very day of his 6asS
not five minutes before he was shot L
was talking In the streets in his bragadocia svI of
what he had done, and doing every thing in his now.
er 10 iasten Deeper the disgrace and namy which be
thought he had already certainly fixed on Mr. Avoru
by using cowhide upon him. Upon the pery fs,,
opportunity aOhich offered, Avery shot him, as have
already described through and through.
You know Mr.. Avery to be a man of the mdes,
and gentiest manners peaceabe and quiet in his dis
position, and good-natured and kind He is in M
way responsible for the circumstances in which be
was placed, and which compelled him to do what he
las done: Flemming attempted
o cowhide MIN in the presence of the Judge, lust as
hey were leaving Court. In the nresenee If Tho
in Ennr hoa ~
Hence against an estimable man and an honorable
'rofession."
The above embraces the material and important por-
ions of our Correspondents letter. He states fur.
her. that Mr.. Avery had just been arraigned, and
would be tried Thursday or Friday, the 18th and
4th.
We deeply regret this occurrence, but we have no
esitstion in saying that we do not see how Mr..
very could have pursued different course. Mr.
very is gentleman and of honor. In the dis
barge of his duties at the bar, he had occasion to
peak of bad maR; he did so, mildly and in such
way as to give that man no just cause of offence;
nd for this he is followed up, cowhided, struck
own in the struggle and seriously bruised and beat
n. What less could he have done? He vindicated
is outraged honor upon the first opportunity that
resented itself, in the only way in which he could do
/, dealing he was compelled to do with such
an as Flemming. We knew Flemmng well. He has
one to his doom. and would not disturb even his
pose. He was a reckless, unprincipled, violent,
I'd man; and the community in which he lived has
filtered no loss by his death.
Mr.. Avery was driven to this deed. A more anna
e man than he is never breathed. Our Correspon-
ent truly describes him as mild and gentle in his
anners, and as good-natured and kind in his disPO-
ton. We anticipate his triumphant acqual, not
lily by Jury of bis country, but at the bar Of pub
, opinion.
THE CaRIsrIANA WITNESSES The escape from