The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-08-24
HON. A. {. AVERY SR.
One of North Cardinals Most
Able Jurists. Four
Years a Supe-
rior
Court Judge and Eight Years Associate Justice
Of the Supreme Court Of the
State

One of North Cardinals most dis
ting1risher lawyers, A. c. Avery ST..
was born in Morganton, Burke
county. September II, 1887. Ills
father was Col Isaac Z. Avery,
cashier of the Morganton Bank, and one
Of the most influential citizens OF the
county. His paternal grandfather, Coi.
Waightstill Avery was s'gner OF Inc
Meelllenburg Declaration of lndepend-
ence, which preceded the National De
claration of 1916. He was Il member OF
the Colonial Congress, the first Attorney
General of North Carolina, the ablest
and most influential man of the state IN
his time. standing head and shoulders IN
greatness above his contemporaries.
His maternal grandfather was William
w. Erwin. a man of broad culture. lib
eral training. generous nature and 4
Christian of the highest type. He was a
member Of the Fayetteville convention
that adopted the Federal constitution
and subsequently cashier of the Nor
canton bank
Judge Avery received his education at
the University Of North Carolina He
entered that institution in 1888 and stood
first in a class of men who have since be-
come leaders in public life. After gradu-
alton he studied law under Chief Justice
Pearson. In 1861 he enlisted in the
Sixth North Carolina Regiment and was
commissioned First Lieutenant of Conn
pany e." and was in the battle of
Manassas when COD. Fisher fell. He
and his brother. Col. Isaac Il. Avery,
who was killed at the battle of Gettys-
burg were complimented for gallant
conduct on that bloody field. In 1867
he was elected captain of his company.
and in the same year WAS commissioned
major and assistant Acknowledgement Of
Hills division in the Army of Northern
Virginia. He afterwards served on thu
staff of Breckenridge. Hindman and
Hood. His two brothers being killed he
received permit to refurn to North
Cardinal. was placed in command OF a
battalion and while organizing a resi-
ment was captured near Salisbury By
Stoneman's raiders and kept prisoner
till 1865.
After the war Judge Avery resumed
the practice of law ut Morganton and
lent his influence to the rebuilding of the
lost fortunes of his native State. la this
capacity he was destined to take no les :
Il conspicuous part than he took in the
war. and i'm 1866 was elected to rhe
elected but the Republicans refused to
let him take his seat because he had
been elected solicitor of the county court
Of Burke county in 1861.
In 1875 he represented his county 60
the Constitutional Convention and it
was largely through the wisdom and in
fiuence Of Judge Avery that the Demo-
Gratis controlled the convention. In 1876
he was Tilden elector and in 1878 was
elected a Superior Court Judge, and in
this capacity performed the arduous
task of visiting in rotation every county
seat in the State. In 1893 he was nUmi-
mated for Associate Justice Of the Su-
preme Court of North Carolina, and was
elected f., a term Of eight years. Judge
Avery ser3,ed on the Superior and SUI
preme Cart bench of the State for
twelve years, and was one of the ablest
and wisest jnrists the State ever had.
He married Susan W. Morrison,
daughter OF Rev r. III. Morrison, a
granddaughter of General Joseph Ora
ham and great grand daughter Of John
Davidson and Neil Morrison, both sign
ers of the Mecklenburg Declaration Of
Independence. In 1888 he was married
again to Miss Sallie ID. Thomas, of
Jackson county.
Judge Avery is a brilliant lawyer, a
wise jurid and has been intimately con-
nected with moulding the Jurisprudence
of the State.