North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-11-26
AcouITrAL OF MR.. Avery.

u COuutIJs
He was put on his trial, for the killing of Samuel
Flemming, in Burke Superior Court, Judge Battle
presiding, Friday the 14th and on Saturday, the
18th, the Jury, after about minutes consultation
returned a verdict of Not Gully.
The verdict received with tears of rejoicing by
the vast assemblsge in attendance.
1t appears that the proyocation given by Flemming
was even greater than al first supposed. He follow
ed Mr.. Avery up at Mcdowell Court, called upon
him to retract some expressions which he had used
as Attorney in the discharge of his duty. and,
Mr.. Avery refusing, he then asked him if he would
fight him. ThistMr. Avery declined doing. saying
that he desire Emo difficulty with him, and that he
was man Of peace. Flemming then drew a cow
hide sdsfruck him several times in rapid succession.
and in the struggle, though Mr.. Avery knocked his
antagonist down twice. he was severely bruised by a
rock in the hand of Fiemmng.
1t also appears that Femming boosted of having
cowhided Mr.. Avery, and that he was proclaimng
him a coward and disgraced man but few mo-
ments before he was shot down.
We learn that the scene at the trial was of the
most thrilling character. The Jury, who had been
selected from the bone and sinew of the County,
deeply affected some minutes elapsed after they
retired, before word was spoken by any of them,
and then, after the verdict had been agreed upon,
they returned into Court laboring under the strongest
emotions. Judge Battle, learn, bore himself
through this trying case with becoming frmness and
propriety.
The Rutherfordton Banner gives the following ac-
count of the trial and acquittal of Mr.. Avery:
AS anticipated. we have the pleasure of an
nouncng Mr.. Avery's acquittaL. His trial commence
ed Friday, and terminated about o'clock on Sat-
urday. John Woodin, Esq, of Asheville, conduct
ed the prosecution the part of the State, and did
his duty, we learn, in manner which reflects much
credit upon him-presentlng the case In its legal
bearing with boldness and ability, and closing his
eyes to all extraneous influences. Mr.. Avery was
ably defended by N. w. Woodfn, of Ashevie, T.
R. Caldwell, Of Morganton, and Gen. Bynum, of
this place. The speeches of all three of these gen.
temen spoken of among the ablest ever deliv-
cred in our courts of Justice. The Jury compos-
ed of highly intelligent and honorable men, and
| not out more than minutes before they agreed
upon their verdict.
There probably never a tried in this coun-
try the decision of which caused universal
isfaction; and we may say, qualification. We learn
that there was but sentiment among the assem-
bed of spectators the rendition of the verdict
that of undsguised Joy.
Mr.. Avery himself was cheerful during the pro-
gress of the tral-far than he had been from
the time of his with Flemming, Marion,
up to the time he shot him. Indeed he felt relief
from the stigma which had been pu- upon him that
buoyed him up and made him feel all the pride of
of the light at Marion he seemed depressed his
tenance was haggard; and we heard Judge Battle
express the opinion that his depression of mind would
have caused either death nsarity in months
time-so deeply did the insult offered prey up
on his proud spirit, literally crushing him to DEATH
and reducing him to the sad necessity of shedding
the blood of fellow being in vindication of bis hon
and for the preservation of his life intellect
Placed in this position who would have acted as
he has That 1t was terrible necessity, grant;
but we believe the deed is justified in the sight of
both God and n.an. The necessity alone is to be
deplored-the deed causes unpleasant reflections.
We understand that Mr.. Avery says he formed the
determination to do What he did, Immediately after
the at Marion that he resolved pick his
opportunity, and do it without rsking his life,
considering his antagonist entitled be put upon
an equality with him. The insult offered was too
degrading in its nature too far beneath the dignity
of gentleman to entitle him who offered it to be
treated as gentleman; and in this we believe he
was right.
Of the deceased we have no desire to speak but
we may safely say that man has fallen he
did with less public sympathy. He has afoned for
his rashness, and others may profit by his example.
moments reflection must have convinced him that
his life forfeited TO outraged honor but he Paus-
ed not in his career, and died, emphatically, as
fool dieth.''
We fully endorse the following view of the mat
ter, taken by the Banner:
cit is depIorabe affair, but that we believe
is justified by the circumstances. Il may be posi-
would be unnecessary to vndieate ones honor and
wash out the stigma of degradation but that society
does not at present exist Public sentiment makes
the law moulds il to itself land while it attaches
stigma to the character of the man who will tamely
submit to a cowhiding, will it justify him in wip
inr out the stain in the blood of the aggressor To
man who mas proper views OF self respect and is
governed by high principe of honor, his reputation
is dearer him than his life and iii our Southern
land there is no degradation low, stigma so de-
hasing as submitting to the lash of cowhide. No
man Of honor-no who has the principle that eve
ry man ought TO have-wl submit to such degrade
ton.
The character of Mr.. Avery, a lawyer, pub
lie man, as private citizen, was at stake. Public
sentiment had been state of fevelish excitement
ever since the rencontre Mcdowell court, anxious
yet dreading to hear the final issue. FlemmIng has
paid the penalty of his rashness. dearly may be;
but do not how he could have hoped to cancel
the debt at less exacting price. man may bear
the fist of another his cane; or any weapon ex-
cept co,Uhide, for other does such stigma at
tach to that.
We depore the shedding of blood and regret its
necessity in any but in the present instance
that verdict what it may, MIR. Avery stands high
the public estimation than he did before the
initial of the deed.''
WISCONSIN. The official majority for Farwell, the
Abolition Wing candidate for Governor OF Wiscon-
sin, is only 600. The bargain between this man and
the Abolitionsts complete, but, after ALL his ma
jority is contemplate. The Democracy of Wscon-
sin will make short work of him the first opportunity.