The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-05

His Life spared by the Magnanimity of
His ON the Field.

None of General Jackson's biograph-
ers give the details of his first duel, and
he himself never cared to speak Of the
matter i'm later years, but some years
ago "A granddaughter of Col. Waitstill
Avery told me the full story.
Waitstill Avery was "A Massachusetts
man who went to North Carolina, ar
rying with him a letter Of recommended
ton from no less "A parsonage than
Jonathan Edwards. He soon acquired
reputation and influence, and in time
became attorney general of the state.
II was his custom to take students of
law into his family, who became tutors
of his children.
In 1884. when Andrew jackson was
but Il years old. and ambitious to be
come a lawyer. he applied for this situa-
ton. The tradition is that he was re-
fused because a daughter of AVery's
took a dislike to his appearance.
Young jackson next applied to Spruce
McCay. a lawyer in Salisbury, n. C.,
i'm whose office he was fitted for the bar.
n he shortly made his appearance in
the courts. When Jackson was II years
of age he and Avery met in the trial
Of a case at Jonesboro, Tenn.
1t was Jackson's habit to carry i'm his
saddle bags a copy of "Bacon's Abridge-
ment," and II make frequent appeals to
il in his cases. This precious book was
always carefully lone up in coarse
brown paper. such as grocers used be-
fore the neat paper bags Of the present
day were invented. The unwTapping of
this much priced volume before a court
was a very solemn function as per
formed by Jackson.
Now, Avery had by this time dropped
whatever of Puritan sedateness had
commended him to Jonathan Edwards,
and was uncommonly fond of a joke. lie
procured "A piece of bacon just the size
of the book. and while Jackson was adj
dressing the court he slipped out the
volume from it's wrapping and substi-
~tuted'the bacon.
At length Jackson had occasion to ap-
peal to Lord Bacon. II was an import
ant case and he would not trust to his
memory. He would confound his OPP
ponent by reading from the book itself.
While still talking h" raised the bear
skin flap OF his saddle bags, drew out
the brown paper package. carefully un-
tied the string, unfolded the paper with
the decorous gravity Of a priest hand
ling the holy things of the altar and
then. without looking at what he held
I'm his hand. exclaimed triumphantly.
1--WE will now see what Bacon says"
The court. bar. jury and spectators
were c~Onvulsed with laughter before
Jackson saw the trick that had been
played on hlfn. III course ne was tuFl-
GUS. He snatched a pen and on the
blank leaf Of "A law book wrote a per-
emptory challenge. which he delivered
then and there. He asked for no apology
nothing but blood would 10. lie com
manded Avery to select "A friend and ar
range for the meeting at once.
Avery made no answer To this per-
emptory demand. thinking his peppery
antagonist would laugh rather than
fight, as he grew cooler. But he did not
know the young man. Jackson grew
hotter instead of cooler. Next morning
he sent this note. which was fun of bad
spelling. My North Carolina friend had
seen the original and in copying it had
corrected the photography. but these
are the exact words:
August Il. lTSs.
"Sir: When a mans feelings and char
acter are injured ne ought 10 seek a
speedy redress. You received a few
lines from me yesterday. and undoubt-
eddy you understand me. My character
you have injured and further. you have
insulted me in the presence Of the court
and a large audience. l therefore call