William Waightstill Avery (May 25, 1816 – July 3, 1864) was a North Carolina politician and lawyer. He served in the North Carolina House of Commons and State Senate prior to the U.S. Civil War. He represented North Carolina in the Provisional Confederate Congress. He was an outspoken advocate of higher education, graduate of the University of North Carolina and member of the Board of Trustees of the university. Avery owned a number of slaves, including 22 whom he inherited from his father.
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Early life
Born at Swan Ponds in Burke County, North Carolina, he was the brother of Isaac E. Avery, the son of Isaac Thomas Avery, and the grandson of Waightstill Avery. In 1837, Avery graduated from the University of North Carolina and delivered the valedictory address at the graduation ceremony. In 1846 Avery married Mary Corinna Morehead, the daughter of Gov. John Motley Morehead.
At Marion, N.C. in the fall of 1851, Avery was beaten with a cowhide whip by Samuel Fleming, a merchant from Burnsville, who was a participant in a lawsuit in which Avery appeared as legal counsel for Ephraim Greenlee. Avery was unarmed and a smaller man than Fleming. He could not defend himself. Several weeks later Fleming came to Morganton bragging of his courage and making unpleasant comments about Avery. When Fleming appeared in the courtroom and stood five feet from Avery and near the presiding judge, Avery shot Fleming dead where he stood. Avery was brought to trial for murder but was acquitted on the grounds of extreme provocation leading to temporary insanity.