COLLBcn
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PATRIOT
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; VOL. I.
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GOLDSBORO', N. C, THURSDAY, DEC 18, 1851.
NO. 32.
-
!rs?uulican and patriot
; : 7. B. GULICK,
. Editor and Proprietor.
- Tziw of SrBseaiirr5. Too XbBor per Tew in
. vlraaoe if iot paid ttrictly in advance, two dpilara
ud fifty ce.it; and th?w dUaw if paymont bo delayed
Io.ikt thvi fix months, r .
Vnsnstxa. AdreftijetnoQta will be inserted at the
" nto of 030 dollar pw Biyiaro of fifteen tinea or lets, for
tho Sret iaartion, and twenty fire cenU for each succeed
i Dr i'i"p"tion. ' '
. A lTertiaementa thiuld be marked with the nam-
lr of itwertioi doeirckl.otharwUe they will bo continued
trkil o.te?oJ ont and charged accordingly.
5 Favorable contracu will be mado with adverti
sersbv tho year. " , ... . .,
Covin Ordors and Judicial Advertisements will
bcaArjd thirtr-threo and one third per cent, higher
laan tSe foregoing rati3. . .
All Letter aad Cmaranicationa on bainei3 con
'twtl with thU o?tallihnl9nt,nTMtbo addressed to the
Proprietors, post-paid, ia order to wecttre attention.
Commission hnd Forwarding:
- Merchant,
AND
General Agent.
WlLMISGTOS. N. C.
Not ember, 1851.
;8 tf.
Sash, Blinds, and Doors,
MAXCFACTUBED Br
ALOXZO J. WILLIS,
NEW-BERNE, N. C,
For less" CAII than at any other placo in
J3t:Ue.
L. & y. B. Whitfield, agents at White Hall-
the
All
orders p-mctually attended to.
Noy.lS. 1351.
Cm.
I. DIS9SWAT,
DRUGS, MEDICINES,
Paints, Oils, Dye-Stuffs,
FEUFUMERY, GLASS, PUTTY, tc, tc,
H W IT. .
. EXCHAITGE RESTAURANT,
BY
THOMAS HOWLE,
Market0 Street,
i fete door below the Commercial OJice, and oppo
site tlie Market House,
WILMING T ON, N. C.
ALSO
Good Board and comfortable lodging. I
Bept. 25th, 1S51. 20-ly.
LEWIS & WH. B. WHUTIELD,
DEALERS IN
GROCERIES, HARDWARE, STAPLE AND
VjCLIZCZ GOODS,
TltODCCE D'lDGHT AND SOLD.
WHITE HALL, N. C. Apr. 3, ly
DE-LEr. IX
GROCERIES, HARDWARE, STAPLE AND
Fancy Goods.
PRODUCE B 'UGIIT AND SOLD.
SNOW HILL, Apr. 3, ly
CHADBOUItN & HOOPER,
GENERAL COMMISSION MERCHANTS,
AD
FORWARDING AGEXTS,
NORTH WATER STREET,
"WTL3HH3T0U, N. C.
cpt. 1, 1S51. 17ly.
' c. rtfreans,
MANUFACTURER AK1 OE.U.KH IX
HATS, CAPS, UMBRELLAS,
And Walkins Cms of every Desciiptioa,
WHOLESALE AND RETAIL,
North Sic Market Street
WILMINGTON, N. C.
. N. B. Country Merchants supplied at New York
wholesale prices. Oct 24, ly
J OS E P II II. FL ANN Eli,
Gon3ral Commission Merchant,
WILMINGTON, N. C.
Liberal cash advances make on consignments for
tale or shipment. Ap. 29 ly
. : ; - :
WIL2DIS0H & E3LER,
CA3II DEALERS IN
Confectionary, Fruits, Nuts, Toys, Fancy Articles,
Perfumery, Soaps, Solars, &c,
WHOLESALE AND RETAIL,
' Market Street,
WILMINGTON, N. C. Mr. 13, ly
WASHINGTON & LaFAYETTE
HOTEL,
DAVID THALLY, Proprietor.
orrosiTE c.rE feak. bank,
Front Street,
WILMINGTON, N. C. Mr. 13, 1
IMPOI1TER AND DEALERdIX
Hardware, Iron, Stovos, Nails, &c.,
Front-st., 3 dior South of Market Street,
WILMINGTON, N. C. Apr. 3, ly
SCOTT & BALDWCT,
DEALERS IN
SUPERIOR READY MADE CLOTHIXCJ
. Market Street,
WILMINGTON, N. C. Apr.3, ly
iHUJ'SrOTJ GOIXGTO WHilMIigG
rf yon do, call at Scott A Baldwin's, and examine
their new and splendid assortment of
FALL, & WINTER CLOTH IN 3,
all of their own manufacture.
Leare your measure if you want the finest Coat
Pants or Vest, that can be made in the State.
Wilmington, Oct. 23, 1850. 24 tf
OIL ANP VARNISH. Linseed Oil, raw and
bcile-VVrpoisc ' Train. Ne.its Foo Winter
Strained, 01e'i&3, &c. Co ich, Japan, Furniture,
Leather and Grate Varnish, for sale by
- ... . :, .. . " LD1SOSWAY.;;
"T71HTR ASD -HLACK LEAD, French Ochre
V Y &ad Venetian Red, together with a general
aoortaeant of articles in this line, for sale by
L BKOiWAY.
NEW MILLINERY GOODS.
4 Tall Importations.
RS. McDONALD will be clad to see her
friends at her old stand, where she is now
exhibiting for sale, a large assortment of Millinery
uoogs, of the latest styles and best materials, sui
ted to Fall and Winter, which hare been selected
with great care. , " ' '
Orders executed with neatness and dispatch.
Dresses and Cardinals male. Bleaching and press
ing done in the best style at short notice.
New-Berne, Not. 13th, 31. 27-tf.
; , GEOSGE BISHOP,
CABINET MAKER
UNDERTAKER,
MIDDLE STREET, A FEW DOORS SOUTH 07 THE COURT-HOUSE.
T7"EEPS constantly on hand an assortment of Fur-
IV niture.
Mahogany, Cherry, alnut, foplar,
White and Yellow Pine Lumber.
Kepairing ot ev
ery description executed at the shortest notice by
Mr. Pharaoh Lewis, a well known and experienced
workman.
SASH AND BLIXDS IADE TO ORDER.
XJllcIertaliins. Having a new and splen
did Hearse, with an assortment of r ppropriate
Trimmings, no pains will be spared in giving to the
dead a decent interment. Terms moderate.
New-Berne, July 5th, 1851. 9 ly.
Inspector's Notice.
THE Subscriber at the last Term of the County
Courthaving been appointed an Inspector of
NAVAL STORES,
would respectfully inform the public that he will at
all times be ready to serve them in that capacity
He would also "suggest, that having been engaged
for many year3 in making the article himself, and
having it made, he is sufficiently qualified for his
oSice, and will be grateful to those who may em
ploy him. He can always be found either at the
Republican, now the New-Berne Job Printing Of
fice, or at George W. Taylor's Store.
JOSEPH K. FRANKLIN.
New-Berne, June SOth, 1851. 8 tt.
DAGUERREOTYPE PORTRAITS.
rpilE undersigned would respectfully inform. the
JL citizens of New-Berne, and the public generally,
that he has completed his
New Gallery,
where he is prepared to take pictures of a superior
style, and at lowe rates than has ever been taken
in this plce. He pledges himself to take true
copies of the original, and warrants to give satis
faction or no charge.
COPIES OF DAGUERREOTYPES
on
ZlTfaiatcro Painting's
taken and enlarged. Having the largest sized Ca
meba and the best stock, he teels satisfied that he
can please any who will favor him with a call.
Pictures of Children taken from one year old and
upwards.
Gallery on the east side of Craven street, four
doors south of the Bank of the fctate, and aJjoinmg
his Jewelry Store. Entrance, passage door.
Ladies and Gentlemen please call and examine
specimens. E.FEUGUSOX.
New-Berne, April 14th, 1S51. 1 tf
NEW-BERNE AND NEW YORK
LLE OF PACKETS.
TTT I L L run regularly inline between this port
V V and the port ot f ew x or k if sumcient induce
raents oifer, after the 15th November next.
Schr-BIIODE ISLAND, 900 barrels capacity, two
years old, Capt. Fairchild, will leave hire on or
about 15th November.
Schr. CONNECTICUT, 1200 barrels capacity, three
years old. Capt. S. Fairchild, will leave on or
about 25th November.
Schr. FRANCES A.GODWIN. 1500 barrels capacity
2 years old, Capt. Carlisle, on or about flth of De
ceniber.
Country Distillers and others who ship regularly
by this line shall have the preference over other
shippers.
For charter, freight or passage apply to
KICHAUD N. TAYLOR,
Old" county wharf
ew-Berne, Oct. 22nd, 1650. r, ly
NOTICE.
THE regular convocations of Eureka Chapter,
No. 7, of R. A. Masons, will be held on the
firt Weinesiay Evening in each month, at early
candle-light, until further notice is given.
R. A. M, 2331,
R It. STANLY, Secy
Newberne, Sept. 11th, 1851.' 18-6m.
FOR COUNTY TRUSTEE.
Jfessrx. Robinson ct Gulick : You will please
announce me as a candidate for the Office of Coun
ty Trustee at the election to be held by the Magis
trates of Wayne at the next February term of the
Court. THOMAS EDWARDS.
Wayne county, Nov. 18, 1851. 2S tf.
$100 . REWARD.
rjPinE subscriber will give the1 above reward for
JK the arrest of, and conhnement m any Jail in
this State so that he can geti them, his two negro
men, Bob and Curtis, whom he purchased of G.
L. Kornegay of this County ; or he will give Fifty
Dollars for either of them on the above conditions.
These fellews were in the woods when he bo ight
them, and are supposed to be still lurking about in
the Country, especially in their old neighborhood.
GEO. A. DUDLEY.
Gpldsboro. Oct' 1851. 24 tf
TAKEN UP.
WAS taken up and committed to jail, on the
6th of last September, as a runaway, a ne
gro woman named Joanna who says she belongs
to Washington Hooks, of Tennessee.
Said Joanna is about 22 yeirs old,iOver common
size, light complection, and about 5 feet 6 inches
high. She formerly belonged to Mrs. Exum of this
County.
The owner is requested to come forward pay
charges and take her away or she will be deilt
with as the law directs.
OLLIN COOR, Sherif.
Wayne county, 15th Nov. 1 851. 28 tf.
A RARE CHANCE
; FOB A.
GOOD INVESTMENT
IS now offered by the subscriber, who wishes to
dispose of his well known House and Lot in
New-Berne, 2S2 and 283, Broad Street
Tho Lot is occupied as a Boarding House and
Store. There is also a house occupied as a sleep
ing house with 8 commodious rooms.
Also, a Cart-house and stables, well calculated
to accommodate forty Carts and Horses.
Any person wishing to purchase will do "well to
call soon and examine for themselves. I
L. B. HUG GINS.
New-Berne, November 2Gth, l5i. 29 tf.
TflOMPSONIAN MEDICINES. A complete as
sortment, just received and for'sale at
DISOSWAYS.
19
FewBera'e, Spt lStfc,
ErereitsTills Female Academy.
THIS Institution will bo continued under the su
perintendence of the Rev. Mr. Smyth, cssirted
j by competent Teachers in all the branches requisite
for a finished education.
The next session will commence on the 1st of Jan
uary. 1852.
The Academy is furnished with Philosophical,
Chemical and Astronomical annaratus.
Two or thre boarders in addition to thos9 already
engaged can be accommodated in the family of the
Principal; but board can be procured on very rea
sonable terms in families of the highest respectabUi-
xy in me village.
For terms, lcc Application may be madeo John
JCjyentt, isq., l reasurer, or Key. J. Jones &mytn,
Principal.
Everettsyille, Wayne Co., N. C.
Dec, 10.1831. 31 3rn '
I2solutiou.
THE rc-partnership heretofore existing between
, Charles H. Harper and Oliver Murphrey. under
CQ Charles 11. Harper will settle the business f the
f Wm
CHARLES H HARPER.
OLIVER, MURPHREY.
Snowhill, Nov, 28th, 1831. 31 3w.
CAST Ploughs, Corn Shellers, Straw Cutters, Iron,
Steel, Plough Points, Spun Cotton and Molasses,
just received by
WASHINGTON & ANDREWS.
Goldsboro', December 10th. 1851. 31 tf.
i
NOTICE.
ON Monday, the 19th day of January next, at the
late residence of Francis L. Castex'dec'd., in the
Town of Gol Jsboro', will be sold the perishable
property of said dee'd.; consisting of Household and
Kitchen Furniture. Also, on the same day, at the
Court-house door, in 6a;d Town of Goldsboro', sev
eral Lots, some improved, and some unimproved ;
also, the lot and improvements in the Town of
Waynesborough, whereon the said Francis L. Cas
tex formerly lived ; also, a small part of a lot in
saiuiownot Waynesborough, unimproved.
Six months credit will be given ; Notes and ap"
proved security required.
WM. K LANE, A dm'r.
Dec. 3rd, 165 1. . ' 80 6w
NOTICE.
THE subscriber, having at Noyember Term of
the Court of Pleas and Ouarter Sessions. 1851.
held io.r County of Wayne, taken out letters of
Admi uauon uPn Uie estate ot b ranees L. Uastex
dee'd, ueret)y glyes general notice to all persons
indebtedto said dee'd, to settle the same without
delav 63 indulgence cannot be given, and all those
J i r i. : i i l i
havim'CiitilIls against saiu ueccasea, to present mem
duly autnentcuted within the time prescribed by
law, or th1D notice win u pieau iu uar oi meir re
eoverv.
WM. K. LANE, Administrator of Francis
L. Castex. dee'd.
Dec. 3rd, 1651. 6w
3117 Acres Pine Lund
FOR SALE OR LEASE.
nHE Subscriber has 3117 acres of (round Pine
b land equal to any in the State, lying on Linch
es Lake, near the mouth of Linches Creek in Wil
liamsburg District, good navigation for flat boats, and
within (5) five miles of a 6team boat landing of the
Peedee River which passes regular every week dur
ing the Winter, fcpririr and Fall from Charlffston
wiiere provisions and other supplies can be obtained
For the Turpentine business it is a healthy location
and near a wealthy tanning section ot the JJistrict ;
plenty of hoop poles convenient, and some 4 or 500
acres of the above land will produce cotton finely.
If cleared, there is timber sufficient to cut from 15 to
20 crops of boxes. I will sell or lease for 5 years
the above land on liberal terms. Any person that
wishes can get the terms by applying by letter or
Dersonallv at Hookerton, Greene co., N. C, about
the 20th of December next until the 1st of January
1652. SAW
Conwayboro SC.,Nov.22, 1851. 30 4w.
NOTICE.
nPlHE Subscriber will expose to public sale, on
H Monday, the 22d of December, on a credit of
six months, ail the perishable property ot the late
iPm. Smith, deceased, consisting ot
Horses, Mules, Cattle, Sfceep,
STOCK, HOGS,
From 300 to 400 bbls. of corn, and ail the fodder on
hand. One road wagon, one timber wagon, horse
carts, one fine single ox,onetami!y carnage, one bus
try and 6ulky ; from one hundred and fifty to two hun
dred head of fat hogs ; all the household and kitchen
furniture; one set of Blacksinith Tools': Farminar
Tools, and many other articles not herein mentioned.
Uond with approved security, will be required, on or
before the delivery of the property.
EVERITT SMITH, Administrator.
Noy.29, 1851. 30 3t.
NEWGOODS! NEWGOODS!
Edmundsan & Borden,
ARE now receiving and opening at their store on
the corner of John and Walnut streets, a large
stock of
FALL AXD WINTER GOODS,
consisting of a variety of every kind of Goods suit
ed to this market. Their stock consists of
Groceries and Hard-ware,
BOOTS & SHOS,
HATS, BONNETS, AND UMBRELLAS,
Hcad7-made Clothing-, t2tc, tc ,
all of which will be sold at the Lowest Prices.
Buyers will find it to their interest to call and ex
amine their stock before purchasing elsewhere.
Edmundson & borden take this occasion to
return thanks to their customers generally, for the
patronage heretofore bestowed upon them, and so
licit a continuance ot their tavor.
Goldsboro', October 21, 1851. I tf
Valuable Property for Sale.
THE Subscriber offers for sale the plantation
with the improvements, whereon he now lives.
containing about 200 acres ; about half of vhich
is cleared. The improvements consist of a good
two story building, containing 6 large rooms with
fire places in eve ry room, and all necessary out
buildings : this tract lies on the .Last side of Golds
boro', adjoining the town.
ALSO,
One other tract known as t he Borden & Hooks land,
situated on the South side of Goldsboro', adjoining
the said town, containing about 400 acres, a good
portion of which is equal in point of productive
ness to any land in Wayne county, or, I might al
most say, in the State, and would, if rented and
well managed, always pay more Jhan the Interest
on the purchase money. I have also several toirn
lots inGoldsboro', which I would eelL I would
sell any, or all of said property, and take in pay
ment likely Young Negroes, Bonds, Notes, or
would sell oa a credit, for any reasonable time.
The nourishing state of Goldsboro' is well known.
Among other advantages, it affords rare facilities
to parents to educate their children. There is at
present, ia the vicinity, as good a school Mr. Rob
inson's as the State affords, and a building for a
collegiate school will be commence! in a few wesks.
These considerations, and the intrinsic value oft
property offered for sale, oueht to make a rea
dence and farm near Goldsboro' a desirable objedt,
especially io parems. - j -.For
other particulars, apply to
WM. B. EDMUNDSON.
.Coldshbro'.NoT.lS 1831. tf.
From the Georgia Telegraph.
Planters' Convention.
, We have often heard it asserted as a po
litical truism, that the strength and durabili
ty of the Southern States, dwelt m the plant
ers of ihe country -that they were the true
conservatives -the pillars on which rested
its prosperity and perpetuity. How well
Convention " in this city, verified the belief
1 hf country has been doctored and dosed.by
politicians and demagogues, and fanatics,
until it has teen reduced to a state of com
plete marasmus, and harJhrhas strength and
vitality enough to keep together soul and
body. The action of thisConveniion seemed
to awaken the people like a galvanic shock
from their dreaming slumbers, and to arouse
tbem at once to the true Southern policy.
We have beard but one continued expression
of approbation from people of every calling;,
on the subject of direct trade" as passed in
the rr8olution of the Convention. It is a
subject which the people wish unbound
unfettered, and isolated from all political par
ties they will not have it affiliated or amal
gamated with political partisanship but as
a subjecx of political economy, they deem it
due to the proper destiny of the bouthern
States, -to urge on wi-h great energy the
sytem of "direct trade' and thus makg
ihera the wealthiest the happiest, and the
frreest peojleonthe surface of the globe.
tor years past, we hare depended upon tut
North alone for our goods. She has t iken
our produce transacted our commerce
fleeced our pockets attacked our institu
tions traduced our social system, and de
prived us of our rights. We have toiled to
bui dwup her splendid commerce, and her
magnificent cities we have conquered for
her new territories, and have thrown into
her lap the liches of Aladdin's Jamp-we have
borne in taxation the heaviest burden of gov
ernment we have been for her "hewers of
wood and drawers of water and now. when
he chance is presented to us of freeing our
selves from this infatuated bondage, and of
reaping the rewards of our own industry,
shall we, like the sluggard, say, "a little
more sleep a little more slumber?" Or ehall
we take advantage of the prevailingsentiment,
and unite in a common effort to reap the re
ward of our toil and industry, and to surround
ourselves with that strength of wealth and
power, which shall make our institutions im
pregnable to all outward combinations ?
Why should we make New York or any.
Northern cty the via through which our
produce shall reach its European destination?
Why pay tariffs which can be saved or
commissions which should remain in our
own pockets? Why enrich Northern mer
chants, and impoverish our owe ? Why
build up Northern cities, when our own are
dilapidated the policy is the spawn of mad
ness and fatuity. Let the people then join
the planters in a general move to create '"di
rect importations " Let vessels bring goods
directly into Southern ports, if they want
Southern produce, and we then can make
the exchange ourselves and thus reap the
profits of the transaction ve can save that
which the North now reaps from this business
and with this additional wealth, we may
promote internal development, and home
industry in every branch and department of
trade, whether Agricultural, Mechanical, or
Manufacturing, and thus bing to light all
the hidden stores of wealth m the South,
which otherwise will slumber forever. In
connexion with this subject, we think it
would be wisdom on the part of our Legisla
ture to appoint a committee to report on our
lumber trade, and the capabilities of Geor
gia for the building of vessels the people
want statistical information on this subject.
Will not the Legislatuie take steps to give
them reliable information, by the appoint
ment of a committee for ibis purpose ? It is
the General impression, that our S ate in
quantity and quality of ship building timber
is interior to no btate in tne union, ana in
fact that lumber is daily shipped !o the north
from our shores for the purpose of building
ships. If these facts be properly investiga
ted and placed before our puDlic, their snip
building will become a tiesh source or wealth,
and a new arm of power, whose lever force
will of itself be nearly sufficient to remove
and overturn every conceivable obstruction
to "Direct Trade."
The planters have set the ball in motion
will they not carry out the suggestion so
frequently made by the Convention, and pro
ceed to have firms established for direct im
portation to whom they will pledge their
trade. If they will do this as a beginning
the flood will roll on by its own inherent
strength.
Emancipation of Women An address
was presented toMadame Kosjoth by a depu
tation from the"Society for the emancipation
of Women." In addition to an expression
of sympathy, this address contained the wish
that the wife or the honored hero oi me aay
would communicate to these ladies her sen
timents respecting their efforts to achieve the
reedom of her sex. Madame Kossuth re
plied, that she thanked them heartily for this
proof of their sympathy towards herself, and,
hrouffh her, more particularly towaras ner
cntintrv: ihat with resneot to her own views
on the emanciption of woman, she had in ear-
lier years confined uerseit 10 ue circie oi
her domestic duties, and had never been temp
ted to look beyond it: and that the overwhelm-
in course of events had left ner, as migni
well be supposed, still less leisure for any i
speculations this kind. ,It would, more
oTer.fsuch was the conclusion of her little
fpeech,) be readily lorgiven ner, me wne oi
Kossuth, a man whom the general voice, not ;
more than her own heart, pronounced distin
guished, if she submitted herself entirely to
his guidance and never thought or emancipa
tion! The admirable pertinence of this reply
will be doubly appreciated when it is mention
ed hat Madame Kossuth a as altogether un
prepared for the address of these ladies.
The San Francisco Herald, of the 1st.
ult.. estimates the annual yield of the .Cali-
forma mines, to be over scvtniy-jivc muttons
of dollars.
From the Mountain Banner. ;
THE TRIAL OF W W. AYE III, ESQ.
Mr. Editor f Rumor with "her thousand
tongues has so distorted the melancholy aff tir
which occurred at Morgan tori on Tuesday
the 11th instant, that it is T deemed proper to
give a p'ain unvarnished statement ot !tn
facts of the cae as they were brought oul on
the trial. The time and place of the occur
rence, and the prominent position occupied
by both the" deceased and Mr. Avery, have
already made it known throughout the State ;
and it is important that the public mind
should be perfectly enlightened before its
opinion is formed. I shall state the facts in
the order in which they occurred, and not in
the order in which they were brought out
before the J ury.
.1 any suits wete pending between Mr.
Flemm in? and the uncle of his wife, Mr.
Ephraim Greenlee, in McDowell Court.
Mr. Flemming had judgments against him
for a large amount. Mr. Greenlee filed a
bill in Equity to enjoin the collection of the
judgments, on :he ground of fraud in obtain
ing the notes on which the judgments were
founded. The injunc'ion was granted, and
31 r. Fiemmmg took a witness, Mr. Deal, his
bosom frieud,and a man of excellent character
.to procure some testimony m reply to -what
the allegations contained in Grteulee's bill.
After conversing with the person whom he
visited to procure the testimony, on his re
turn home, he remarked to Mr. Deal, that
he blamed Avery for filing the bill, that he
had been against him before, and had fre
quently crossed his path, that lie, FL mming
had tried to insult him, and he would not
resist it, and that he would be d d if he
did not cowhide him. 1 his was ten days
or two weeks before McDowell court. At
McDowell couit Mr. Flemming's ansr
was filed, denying .the truth of the aliea
tions of Gieenleei's Dill ; and Flemming's
counsel on a motion to dissolve the injunc
tion, commented viih much severity upon
the Bill. Mr. Avery, who was one of Green
lee'e counsel, who had drawn the Bill, who
was the only counsel present at the tune, in
sisted that the Dill was true, ani contended
that the answer was not fully re-ponaive to
the Bill. -It was admitted on all hands, he
sai;l nothing personally offensive to Flem
ming. Before ihe cate was disposed of,
Flemming left the Court House, and as h
declared to various witnesses, purchased a
large cowhide, put it under his coat, and
waited for Mr. Avery. After attending to
other business, Mr. Avery left the Court
House, a short time after the J udge and olh
er members of the Bar ; at the door the par
ties separated, they going up street to their
boarding house, and Mr. Avery down street
to his, in company with his client, I vviih a
thick overcoat buttoned tight around him,
and a book or book under h'S arm. Mr.
Flemming, who had been passing to and fro
for, some time, met him, and Mr. Avery's
client walked on, supposing Flemming in
tended speaking to him on business, lie
asked Avery if he held himself out of the
Court House responsible for what he said in
it. Mr. Avery replied that he advocated
the cause of his client in the Court House,
aod desired to have no difficulty with him,
and passed on. Flemming then drew the
cowhide from under his coat, and said "will
you fight ?" and at the word fight, commenc
ed tiiking Mr. Avery with the cowhide very
rapidly. Mr. Avery's back being turned
towards him at the time, gave him from
three to six blows. Mr. Avery immediate
ly turned, and at the first blow knocked
1?Iemrning to his hands and knees, and also a
econd time, as some of the witnesses thought.
' lemming recovered, and with a stone in
lis hand, stiuck Avery several blows over
he forehead, eye and temple, and the par
ties were then separated. Flemming then
curbing Avery,: and telling him he would
fight him with any thing from the point of a
pen knife to the mouth of a cannon. Avery
was carried to his room. His face was very
much swollen, his eye inflamed, and he evi
dently bewildered by the blow he had re
ceived. After bathinjj his wounds, he asked
Dr. Erwin, his relative, to "get him some
kind xf arms, for he did not know what
might happen before he left town." Dr.
Erwin went off to his dinner, he then dress
ed Flemming's thumb, which had been inju
red, and procured a small pocket pistol, and
returning to Avery's room, gave it to him,
remarking it was the best he could do. Ave
ry then asked Dr. Erwin and Mr. E. P.
Jones, a member of the Bar, what he ought
to do, but neither of them gave him any ad
vice The pistol furnished was very small,
and would have been useless, except in very
close combat, and Dr. Erwin who was exam
ined in behalf of the State, stated that from
the injuries Mr Avery had received he was
wholly unable to engage in any kind of a
combat with Kir. Flemming on that evening.
After remaining in town some hour and a
half, he left in his buggy for his home in
Morganton.
Mr. Flemming, in the meantime, was go
ing about over town boasting that he had
cowhided Avery, and went into a shop, ma
king the same boast; some one remarked
to him, w it is a wonder two or three of them
had not jumped upon you and whipped you,"
to which he replied, " that he was well pre
pared, he was well armed, and. could have
killed four or five of them, before they could
have got to him." He boasted to several
witnesses, that he had cowhided Mr. Avery
said that he would not take a thousand
dollars for it.
Court at Morganton, where Mr. Avery
lived, came on two weeks afterwards. - In
the meantime Flemming was advised not ,to
go to Morganton, he said he had business at
Morganton, and always went where he had
business ; that he was not afraid, for he gen
erally could look two sides ate nee: On th
day before the homicide he came to Mt
Dowell Cotxrt-hou3e, and was again advised
not to go to Morganton He then procured
a large Bowie-Knif e,and remarked he would
rather have that than a half-dozen pistols.
He reached Morganton abaut 10 o'clock on
Tuesday, after court was called, and put up
at Dr. Happoldt's Hotel, 1-4 of a mile from
the Court-hoiis. He wasrYaid to have been
in the Court joue before dinner," and waj
sct?n in a l uge c owd, attending a salo 'jnf
mediately belo'o dinner Qn neither of these
occasions did "Mr. Avery see him. : Just's!
the calling i f Court, Mr. Fleinroirg tas seen
by a witness coming om t life 'direction " of
his hot!, and "cursing ovr lh street from
the enclosure which surrounded it. he met a
witness- and spoke to him in a loud tone of
voice, ard sni'
v
"'give rny inspects to your
fadv. I understand she said to Vou if vou
were to come to hrr after teceiving a cow-
hiding without resenting it, she would be
tempted to give you another." ' Several pcit f
sons were standing around and bear, when '
the reman: was tnad.v Witness went eome
fifty yards, into the lower room of the Couit
House,an6 sawAvery with a drunken client,
hanging cm to him, and talking to him.:
Avery, from his office, would have approach- "
ed the Court house in an opposite direction
to that by which Flemming Approached it -from
his hotel. The first case that, was called
when Court met, was one in which Flem
ming was a party. His counsel declared
they were nqt ready. Avery was sitting 4rlH
front of the-'CIerk'a "table to the lift. Flemi
ining started towards the Clerk'sjtab'e, with
his cloak on hejo: almost to Avery, some
ten feet frcm him, and several persons be- -'tween
tl.em ; he stopped, turned back, 'threw
off his cloak, and then went to the Clerk's
table, directly in front of Avery, and abodt
8Teet-from him, an! was seen lo look at
Avery. At this time there were several per
sons between them, and a bench about breast
high,and two feet wiie and one or two clients ,
were pulling at Aver who did not see him.
He remained at the table a moment,: and
then passed clear of the bench and persons
between Avery and himself, and apprrached
his counsel in front, instead of behind, as is
usual, and leant forward to peak to him,
with his side to Avery, and about six 'feet
from him. Avery rose up instantly, pre
sented hs pistol and fired about the time
Flemming took his position. Flemming .
immediately rose up erect, stepped back,
and faced Avery and threw his hand up to
his. breast; as he did this, Avery advanced,
and threw the pistol fit him. Col. Gaither
seized Avery, and not knowing whether
Flemming had been touched, ca-ried him out
of the Court House, and. coming back, and
finding Flemming- dead, he returned to
Aveiy, and then coming back again, an
nounced to the Judge that Aveiy was iii
the Sheriff's room, and surrendered him- s
self. Judge Battle then ordered him to be,
committed, and upon Col. Gaither's request,
he was excused from prosecuting as Solicitor,
Mr. Avery being his nephew, and John." , ,
Woodfin, Esq , was appointed in his stead.
It was also in evidence that, vvhenF.lt mmlng .
stopped at the hotel, he smt his son, asinall
lad, on alone to Charleston, leading; pair of.
hoises, telling him" he would overtake him,
that evening, or next day, and tjhat he took
Dr. Happoldt," his lanu'l rd.yinto his room !
and inquired if he had heard any threats
made by the Averys nndAipon being an
swercd in the negativpaid he was not alraid.
Flemming did not fall, urifff after about the
time Mr. Avery was carried out of the
Court-house. Upon Mr. Flemming's person
was found, attached to a be t. a .large and
heavy Bowie-Knife, and a Dirk about one
foot long, ana" a Revolver was found in his
saddle bars, in his room at the hotel. The
ball entered Fl mmirm'js left side, and pasc
entirely through the boJy, lodged against his
vest on the ri"ht side. The whole affair was
the work ol a moment
It was, in evidence that a marked change' -
had taken place in Mr. Avery's manner :
since 1U9 atlair at iXlcUowell; t hat his
mind seemed to brood over it to the cxclii-
sion of every thing else ; that on Monday and
Tuesday till the slaying, he seemed uncon
scious of what he was doing, made particu
lar engagements about business and lorgbt
them, nor could he be aroused to them. "
One witness, the llev. Benjamin Hamilton,
of Rutherford county, Laving gone to Mor
ganton expressly to see him on Ins, Mr.
Aveiy's, own appointment on business, after
making some ineffectual attempts to get his
mind aroused to the nature of the business,
left him, and resumed home with the tho-.
rough conviction that his mind was disorder
ed by the intensity of his feelings, upon the
situation in which he was placed. It. C.
Pearson, iEsq , of Morganton, and John
Burgin, lisq., and two other gentlemen of
the highest respectability and intelligt nee,
testified to the s ; me effect. It ivas also in
evidence, that Mr. Avery was of an exceed
ingly kind,peaceable and amiable diiposition,
and had never had n rencontre before with
any one, and that Flemming had an old
grudge against him; Mr. Awery was brought'
outofpribon and arraigned on Wednesday,
and his trial appointed for Friday. No offer
was made on either sido to remove the caso
or to continue it.
On Friday the prisoner was brought to the
bar, and the following jury soon sworn and
empannclled, to wit :
Richard V Michaux, Philip Wa.lick, .
William Conollyjr., Win. R. Aiken,
Abram Fraiiklin, James Estes,
. Stephen Wintus, Jacob Ser.gie,
Philip Whisnant, J. L. Collins, v '
Peter J. Walker, L. W. Melton
The testimony was examined with great
care, nod when it was closed, the argument
was commenced by the State's Counsel, and
two cf the prisoner'sCotinsel, N. W. Woodfin
Esq.. and IV R: Caldwell, Esq., addressed
the jury in reply. At the request of th-.
State's Coun.scl who was too unweil to finish
the argument that night,; the argumont wa -adjourned
over till next morning:, wheii J. 1
Q. Bynutn, E.-q., concluded for the prisoner
and the State's Counsel replied. ,
Mr. Avery's counsel contended that in all
criminal cases the jury was iho J udge of th
Law and the facts, and while they disclaim- J
ed all desire to be understood being wan'
ing in respect tu hi Honor Judse Batth-, -still
it was but "proper that the jury shoul f
know, what wt rp thir powers anu what wcr .
their duties. It was admitted' that cvety
slaying wasriirt facie murder. But it wa4
cpntei.ded that this could only be manjlaugu-
i
! ,"' f