On this day in North Carolina history October 21, 1851. A North Carolina politician was publicly whipped, then shot the man who did it dead in a courtroom weeks later. William Waightstill Avery was a lawyer from Burke County and a rising figure in state politics. His opponent was Samuel Fleming, a merchant from Burnsville in Yancey County who was involved in a bitter fight over his late wife's estate. Avery was representing his wife's family in the legal dispute. During an argument at the courthouse in Marion, Avery called Fleming's life's work a “fraud.” Fleming took it personally. He left the courthouse, bought a cowhide whip, and attacked Avery. Historical accounts describe Avery as the smaller man, unarmed and unable to defend himself. One account also says Fleming struck him with a rock before whipping him. But the dispute wasn't over. Several weeks later, Fleming showed up in a courtroom in Morganton, still insulting Avery and boasting about their earlier confrontation. While Fleming was finishing business with the court clerk, Avery stood up and shot him through the heart. Fleming was standing less than five feet away and close to the presiding judge. Avery surrendered immediately and was tried for murder. The jury deliberated for about ten minutes before finding him not guilty by reason of emotional insanity, accepting that the earlier beating and extreme provocation had driven him temporarily insane. The verdict drew criticism in the Whig press, with questions raised about whether the law had been too lenient. Avery's career survived the killing. He returned to the state legislature, led North Carolina's delegation to the Democratic National Convention in 1856, and became Speaker of the State Senate that same year. His life ended in 1864, during the Civil War, after he was wounded while leading local militia against Unionists who had entered North Carolina from Tennessee. This is one of those stories that shows just how seriously personal honor and public humiliation could be taken in nineteenth century North Carolina. A courtroom insult led to a brutal beating, and that beating ended with a fatal gunshot in front of a judge.