The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1886-12-11
OLD IIlCmORY's DUEL.s.


| JuLIcS i NItOu, III uls OlOSAuPhy
of Andrew Jackson, makes mention
of duel fought by General Jackson
with Waighstill Avery, at Jones
boro, Tenn, in the last century.
His account says the Philadelphia
Times is very meager and does not
accord with the version of the
affair as told by descendants and
relatives of Colonel Avery, many
of whom are still alive in Burke
county, North Carolina.
In a foot note to page 1852, chap
ter IA, volume 1, Parton says !:
"There was comic incident con-
nected with this duel that General
Jackson would not tell. A gentle
man once mentioned the duel to
him. who told you about it?'
asked the president laughing. 'Gen-
eral Adair.' did he tell you what
happened on the ground? No
well, then, / shan't replied the
general, still laughing"
The "comic incident y" to which
General Jackson alluded, and which
he refused to relate, is what is un-
derstood to have caused the duel,
and never to have been made pub
lie. What it was and how it occur
red has been related to me several
times, as follows:
In August, 1888, Colonel Waighs-
till Avery and Andrew Jackson
were attending court in Jonesboro,
in what is now East Tennessee.
At that time Tennessee was still n
part of North Carolina, and Jones'
boro was the seat of one of the three
district courts held for the then
western district of North Carolina.
The town is now the county seat of
Washington county, Tennessee.
Jackson had but recently been
called to the bar at the time of the
duel and was about twenty-one
years of age. Colonel Avery was
much older. The two gentlemen
were opposing counsel in case
under trial i'm which Jackson, it is
said, felt that he had but little
chance for success. In spirit of
mischief, probably, he determined
to attempt little diversion rather
unusual in a court of law.
Colonel Avery sometimes rode
the circuit of his cOurts-which
embraced most of western North
Carolina and a portion of East
Tennessee-on horseback, carrying
in a pair of capacious saddle-bags
such articles as were necessary to
his more immediate wants. One
thing always carried therein was
copy Bacon's Abridgment,' one
of the standard law books of those
days. Jackson was aware that
Colonel Avery was in the habit of
carrying this book, and on the day
for trial, before their case was
called, he went to Colonel Avery's
saddle-bags, took out the copy of
Bacon's "Abridgment and substi-
tuted for it piece of bacon of
about the same size, wrapping it
up as the book had been to prevent
suspicion. In the course of the
trial Colonel Avery, having Occa-
sion to quote an authority, sent for
his book. The package was brought
to him, and when unwrapped, 10 ! a
"flitch of bacon" stood revealed to
court and jury.
/ Avery was a man of great dignity
of character and bearing, who could
i'll brook a liberty of any kind,
least of all an attempt to make him
appear ridiculous. Turning to
Jackson he charged him with what
had been done, and denounced him
for his act in most unmeasured
terms. Jackson was apparently
stung to the quick, but apparently
controlled himself sufficiently not
to attract attention to what he did
in response to the rebuke. Tearing
a fly leaf from law book he wrote
a challenge which, unobserved, he
passed across the table to Colonel
Avery, and which was promptly
accepted. The following is and
exact copy of the original challenge,
which is still in the possession of a
member of the Avery family, and
from the wording of its first SEN
tence another communication
would seem to have preceded it:
AUGUST 18th 1888
Sir When mans feelings & char
acter are injured he ought to seek
speedy redress you received a few
lines from me yesterday, and un-
doubtedly you understand me
MY character you have injured:
and farther you have Insulted
me in the presence of = court
and a large audience l there
fore call upon you as a gentleman
to give me satisfaction for the same;
and 1 further call upon you to give
me an answer Immediately without
Euuivocation and l hope you can
do without dinner until the busi-
ness done for it is consistant with
the character of a gentleman when
he Injuries q man to make speedy
reparation, therefore l hope you
will not fail in meeting me in this
dav. From yr obt ct