Murder in the Courtroom

A friend of mine who knows so much about NC history it will blow your mind, just sent me this:

https://nchistorytoday.wordpress.com/2015/10/21/courtroom-slaying-in-morganton-1851/

It’s absolutely fascinating, and an intriguing part of NC legal history.

In a nutshell: Two legislators are embroiled in a battle over estate of one of the legislator’s wives; the other legislator represented the wife’s family.  The former (Fleming) being as another friend of mine says, “bigger, stronger, and more comfortable with violence,” attacked his diminutive rival attorney (Avery) with a whip and beat him to the point that he could not defend himself.

Weeks later as they both entered the courthouse in Morganton, Fleming was hurling insults at Avery, with no response by Avery.  After Fleming was wrapping up his business with the court room clerk, Avery shot him within 5 feet of the judge.

Avery was found not guilty of murder by reason of “emotional insanity.”  He would have to be insane to murder someone in front of a judge, right? That’s some fine lawyerin’.

Those were the good old days, right?