Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1893-01-26
HISTORICAL ITEMS.
Early Days in Washington County,
Tennessee.
A Duel-HOrse Racing-An Old Time
Race Track.
BY n. A. PATTERSON.

AS prelude let me suggest that the
best method of collecting these items
is, for large number to engage in res
rrecting them. There is scarcely one
of the old, long-resident citizens
of the county that cannot give
from one to fifty incidents connected
with the early history of the county,
which will be esteemed, not only by
the readers of the Herald and Tribune
within the county, but by readers
abroad; and will be copied by other
papers of the State, and in other States,
as valuable historical information.
Most of the old men and women re-
ferred to are too old to employ their
trembling hands with pen or pencil.
Let those who are younger engage these
old veterans in conversation as to Incl
dents when they were little bows and
girls; and as to what their fathers and
mothers told them three quarters of a
century ago; and, soon, the pencils of
our young writers will be busy placing
on record these valuable scraps of his
tory.
1t is more than hundred years since
conrts of justice were held at Jones,
borough. The first courts, if am not
mistaken, were territorial, under the
jurisdiction of the State of North Car
olina. Then, the lawyers of promi-
nence were those who came across the
mountains to attend the Jonesborough
courts. Among this number were An
drew Jackson and Mr. Avery. Avery
was dignified man, who set great
store by his honor as a lawyer and
gentleman. He was well educated;
and then, as well as for fifty years later,
the English common law authorities
were as constantly cited, as the En-
glish common law forms were adhered
to In practice. With Avery, Lord Ba-
con S writings were his favorite quota
tions. So much so. that a volume of
Lord Bacon was sure to find place in
Averys saddle bags at every visit to
Jonesborough. Then the mode of tra,-
ell was exclusively on horseback. At
the term of court to which we now re-
fer, an important suit was to be tried;
the two clients, respectively, being rep
resented by jackson and Avery. Jack
son knew that Avery would quote Lord
Bacon, and he slipped the volume out
and replaced the book with piece of
sidebacon almost accurately the
thickness, length and breadth of the
book. 1t was Avery's custom to have
each one of his text books wrapped
with brown paper and as neatly tied
with narrow tape az the most careful
merchant ever put up package for a
customer.
The case was called and both sides
being ready, the trial commenced
After the evidence had been heard,
Avery, who was for the plaintiff, open
ed the argument; and after carefully
stating his grounds for action, and re-
viewing the testimony bearing on the
case, made statement of the perti-
nent legal points that he relied on;
then, in his deliberate manner, said
But, may it please the Court, and
you, gentlemen of the jury, will read
you what Lord Bacon says on the sub
ject;" and picking up from the table
the package marked Bacon" careful
ly united it, and exhibited to the court
and jury, sure enough, well cured,
square cut piece of bacon. Avery, first,
was overpowered with confusion. This
was followed by feeling of the strong
est Indignation. He felt sure that Jack
son had played the trick on him. So
felt all the other lawyers and everv
body else who knew Jackson. But
there were two of the lawyers who had
been made confidantes by Jackson as
to the intended fun. These two lost no
time, after the adjournment of court,
in having a private conference with
Avery. Their estimate, as they ex-
pressed it to Avery, was, that it could
be looked at in no other light than a
deliberate insult to his dignity and
honor as a lawyer and gentleman; and
that his only course was to demand of
jackson an ample apology or satisfac-
tion on the field of honor. So thought
: Avery, and one of the two counselors
! as the friend of Avery, bore to jackson
message, the alternative of which
was hostile
Jackson refused TO apologize, and ac-
cepted the challenge to fight, naming
pistols as the weapons; the distance and
mode of firing to be determined by
their seconds; but insisted that the
field should be repaired to without de-
lay. The place of meeting was then J
, small field on the hill southeast of the
, court house. The distance fixed by the
. seconds was twenty PAGES; and after
the words one, two three were called
the principals were to fire at will In
fact, the pistols were loaded with blank
, cartridges. jackson allowed Avery to
fire first. Then bringing his pistol de-
liberately to bear on Avery, he advanc-
ed step, saying, "D-n you, I'll shoot
> you'll This he repeated until he ad-
7 vanced more than halfway to Avery
when Avery turned and fled, jackson
firing at him as he ran. The lawyer
! who acted as Ayerv's second ralated