Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-10-10
AN OLD TINE DUEL.
,EpRlw JACKs0N's EXCHANGE OF
SHOTS WITH wAIGHTsTILL AVERY.
The Result of q Joke Comic Incident 10
which "0ld Hickory" Would
Not Allude

rord with the version Of the aifir as told
Ly do descendants and relatives OF Colonel
Avery, mlDy OF whom still live in Burke
county, y. {.
In a foot.nolc 10 page 1862, chapter
a. Volume J.. Portion SAYS: There
wss comic incident connected with
nj. duel that General Jackson won
not tell. a genilcmln once mentioned
'be duel 10 him. Who told y0u
about h?' asked the President, laugmngy.
.Central Adair' 'Did be- tell yea what
Lappencd on the groundf' No Wei.
lhep, l shan't,' replied tbe General, still
laughing"
The "comic inidcnt" 70 which General
Jackson alluded, and which he refu.ed to
relate. il what Is under-t0ofto have caused
TIC di:el. and j. said never 10 nave been
made pubic. What It was and how It o.
CURED his been related TO NE several times
g follows:
JACgsoN's NIsCHIyv0US TRICK.
In August. 17SS, Colonel WaightSti'l
Avery and Andrew Jackson were attend
ing court in Jonesboro, in what Is now
East Tennessee. At that time Tennessee
va. still part OF North Carolina, and
,Jopesboio' was the scat Of one OF the three
district courts held for the then Western
district Of North ClrOiing. The town i
now the county.seat OF Washington county,
Tenn. Jackson had hut recently been
called TO the bar at the time OF the duet,
and was about twtnty.Ouc years OF age.
Colonel Avery was much older. The two
gentlemen were opposing counsel in q case
under trial, in which Jackson. II i said,
itn that be had but little chance for suc-
cess. Ina spirit Of mischief, probably, he
determined TO attempt a little diversion
rather unusual in a court Of law.
Colonel Avery sometimes rode the circui,
a his cOurt>-which embraced most OF
Western North Carolina and 4 portion OF
East TennessCe-on horseback, carrying IN
A pair Of caUaciou. saddle-bagS such arti-
Giles ~ were necessary to his more imme-
diatc wants. One thing always carried
therein was q copy Of Blcon'S "Abridgc-
mcnt," one of the standard law books OF
those DAYS. Jackson was aware that Colo
mel AyCIy was in the habit Of carrying thi,
book. aud on the day for trial, before their
case was called, be went TO Colonel AYery'S
saddle. bags, took out the copy OF Blcon's
"Ahridgemcnt.v and substituted for 1t q
piece Of bacon Of abJut the same size,
wrapping il up ~ The toOk hld been to
prevent suspicion. Ia the course OF The
| trial Colonel Avery, having occasion t.
quote en- authority, sent for biz book. The
| package was brought to him, and when I'M
wlappCd. 10. "A ditch of bacon stool re-
yCalcd TO Court and jury!
Avery was q man OF great dignity OF cha
raCior and bearing, who could i'll brook Il
libcriy OF any kind least OF all an attempt
| TO make him appear Iidicul0us. Turning
| 10 Jackson, lie CHARGED him with what had
| l., .I.nAffnta1 M Ia
| in most unmcasurcd terms. Jackson was
lung to the quick. tut apparently con-
| irol!ed himself sufficiently not Ia attract
attention 10 what be did in response to the
rehubc. y fearing lly-lcli from q llw-b0Ok.
| be wrote q challenge which, uuOh,erYJd.
| he passed across the tl'lo % Colonel Avery.
| and winch was promptly accepted. Inc
| following i On exact copy OF he Original
rhallenge, " hich l. still in the possession
| Of M, mbcr Of the Avery family, and from
| The wording Of IL first sentence another
communication would seem 10 have pre-
coded II:
"AGrST 18th l7sS
"Sr when mans feelings n character
| are injured he ought TO seek 4 sp edy re-
| ores, YOU reed few lines from me yes
| icrday 4 undoubtedly you under stand me
Nv character YOU have Injured: and far
| Their YOU have InSulted me IN the presence
! Of a court and a larg audience | therefore
| call upoD yOu ~ gentleman to give me
satisfaction for the same; aud i further
| call upon you to give me an answer imme-
! medialcly without Equiyocation and hope
| YOU can do without dinner UNTIL the bust
ness done: for il Is consistent with the
| character OF a gentleman when he Injuries
aman to make SPEEDY reparatiOn, therefore
| q f,tI In, ti,,oy ma
| day. from yr obt ct ANDw JACKSON.
Z" CoP Arery
up. :. this Evening after court adj.
| joumed-"
The style OF the challenge, its Orthogra.
phy. and it, punctuatiOn-Or the want OF
| it-are equally remarkable, but the demand
Is unmistaknblc, and the little "P. s." at
one side denotes great urgency. 1t was
evidently written under great excitement,
| though with strong effort at self-cOntrol
| and the whole documeut-tO Use the slang
| Of to-day" means business"
The challenge is addressed on the back /:
"Colp Whitestill (Sic) Avery"
Ii was found among Colonel Avery :
| papers after his death cirefully filed away
| and docketed I'm very businesS.like style ::
jackson, ID. =. Duel, l7SS."
DUEL IN THE DUSK.
The duel was fought about dusk OF the
day the challenge was given in rlyinc
| near the courthouse in JOuesbOTO'. Shots
were exchanged. but fortunately neither
party was hurt. Jackson declared himself
! sati, fed and the two gentlemen afterwards
| became warm friends. Indeed, long before
| the duel, when jackson first decided to 60
| 10 the bar. be was DESTROYS to read
law under Waightstil Avery, who
was very distinguished in his pro.
! ieS,ion aud was the first Attorney
| General Of the state OF North Caro-
| Inns. At the time Of JacksOn's appoint
| ment as solicitor II the Western district OF
North Carolina afterwards the state Of
| TcnnCssCe-hc, on his way 10 settle in
| Nashville, had visited Colonel Avery ct
Morganton, the latter then an extreme from
| tier town OF western North Carolina. The
| date OF the challenge, August 10, l1SS. Is
| six months previous to that OF the earliest
| letter Of Jackson. February IS, 1880, which
Mr.. Parton says he was able 10 find.
Waichtstill Avery was the first Attorney
General oi North Carolina. BY that was
meant Of the State after it had thrown OF
allegiance TO the British Government.
| Colonel Avery was a man Of great capacity
and the loitiest integrity, and his mantle
has fallen upon descendants worthy OF
such sire; but there were Attorneys
General before him in the pre-Reyolutonary
| DAYS Of the .sProyince OF Carolina" and
some Of them, too, seem 10 have been men
| Of high character efficiently 30 in one
ease at least to have the fact recorded on
his tomb without equiyocation." In the
old colonial church-yard OF Christ Church
| parish, Newberne. y. c.. is n grayestonc
bearing the following quaint inscription
! and epitaph:
'..........'.... .''..'s.'s. ....''.'
To the Memory OF
CHARLES ELLIOTT,
Late Attorney. General for this