The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1892-04-21
COL. WAIGHTSTILL AVERY.


Waightstill Avery was born in Nor
witch, Conn, in 1745, ana emigrated
to North Carolina in January 1859
One of the brightest pages in the
history of liberty is that which records
the resistance of the Puritans of Eng.
land and the Presbyterians of Scot
land to the tyranny of an English
king, the First Charles. Did not that
history repeat itself when the Puritan
Avery Of the New England and the
Presbyterian Alexauders and Bre-
wards of the Few Scotland in Meck~
lenburg, signed their names to the
first Declaration of Independence, an
instrument drawn up in opposition to
the tyranny Of another English king,
the Third George.
Christopher Avery, the father Of
the Averys, in this country, came over
from Salisbury, England, in 1880 or
1851. Now there are Averys in every
state in the Union. Energy and de
termination Of character seemed to be
hereditery in the family and have
rendered it successful In almost every
calling. AS business men, as states
men, as iurists, as soldiers, the Averys
have made their mark. John and
William Rockefeller are descendants
Of Waightstill Avery's brother Solo
mon. For four generations the fore
fathers of the subject of this sketch
had been leading men in the govern
ment of the New England settlements
: where they lived, SO it Is natural that
the young North Carolina pioneer
rose to prominence and fame as a
statesman While he himself was en-
listed In the cause Of independence il
his adopted state, he received a letter
from his brother Solomon Of Connect
lieut. on July 10, 1888, which ran thus:
eleven Averys were killed in the
fort at Groton and seven wounded.
Many Averys have been killed in this
war There has been no tory Of the
name of Avery in these parts" All
five Of Waightstil Avery's grandsons
were In the Civil war. Two, William
Waightstill and Clark Moulton, died
from the effects Of wounds; one WAS
killed, Col. Isac Erwin Avery. He
commanded Hoke's brigade at Gettys
burg, and fell at lis head on the crest
of Cemetery Heights When his body
was found after the charge, piece of
paper ali stained with blood was taken
from his hand, pencilled evidently
with great effort, and address to fell
low comrade at arms "Col. Tate,
tell my father | fell with my face to
the enemy" it read and the blood that
sealed it was the same that was shed
for their country by the Averys who
fell in the fort Of Groton, eighty years
before
Willoughby E. and Alphonso O.
Avery we're also gallant confederate
officers, the latter being, during the
later years Of the war, on the staff of
Gen. d. Fl. Hill.
Two family historians in New York,
who now have. histories in press, claim
that the descent Of the Averys can be
traced in an unbroken line from the
Saxon kings of England, and they
bring forward proof for every asser-
ton. Their histories will be out this
year, and the writer Of this has been
kindly allowed to see advance sheets
containing the genealogy Of the Avery
family.
Waightstill Avery graduated at
Princeton College, and afterwards
studied law in Maryland, under an
able lawyer, Littleton Dennis.
In 1869, he set out for North Car
DINA. that journey was pursued
through wild and unsettled country
for the greater part Of its way, and in
his diary he records in a laconic and
matter of fact manner numerous es-
capes from death in swimming swollen
rivers, in suffering hunger for days
when he could find no human habita-
tions, and IN losing his way in the
trackless wilderness Of the then West
ern North Carolina The whole
journey was accomplished on horse
back.
Avery kept diary from January
IS, 1869 to December31, of the same
year, which still remains. 1t begins
with the outset of his journey to North
Carolina He won his first case which
he obtained st Arson court, not quite
three months after setting out on his
journey, This interesting little bit of
information is found in his diary:
"April IA. Began the practice of the
law by opening a cause against hog
thief
april 15.-Spoke for man charg
ed with putting his mark on hogs not
his own, who WAS cleared
"July 26.-W as chosen Kings At
torney.''
Once in his maturer age, when An
drew Jackson, then d young lawyer,
took exception to some of his illusions
in a case in which they we're on OPP
Iosite sides, while they were practising
at Jonesboro (now in East Tenn the
Colonel accepted Jackson's challenge
to duel, being forced to it by the
prevailing sentiment of his day. For
tunately neither was hurt, jackson
missing and Col Avery refusing to
fire, This was Jackson's first duel.
His challenge quantity expressed and
i'll spelled, was written on fivleaf of
a law book, and is now in possession Of
Judge A. G. Avery.
Col Avery married a young widow,
Mrs. Frank, formerly Miss Leah Pre-
bart, at Newbern in 1878, and remov-
ed to Jones county where he was APP
pointed Colonel, by Governor Caswell
over its militia. The climate not suit
ing him there, he removed to his far
famed aud hospitable home at Swan
Ponds in Burke county in 1871, where
he spent the remainder of his life and
died in 1921 in q green old age, "the
Patriarch ofsNorth Carolina"