William Waightstill Avery

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.

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.

Namesakes Avery Hall at the University of North Carolina was named in his honor.