The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-12-16

Judge PurneII Was Indignant
and Disguised
AT NEWSPAPER REPORTS
Sent no Letter to Department of Justice but it is
Intimated Wrote 10 Senator Pri.chard
Concerning Shortcomings of As
sstant District Attorney.

"There is absolutely no truth in the
report sent out from Washington that l
have demanded the removal of Assistant
District Attorney Oscar Spears"
That is what Judge Thomas R. Purnell,
of the Federal court, said yesterday, and
he added to it thus: 81 was indignant
and surprised when 1 read the report
sent out from Washington, for | have not
communicated with the Department of
Justice in the matter as it is stated l
have"
The events which led up to the words
Of Judge Purnell are these: On Sunday
morning a sensational telegram, dated at
Washington, appeared in certain papers,
in which it was stated that because OF a
tilt and a sensational incident in the
Federal court here last week, Judge Pur-
nell had requested Mr. Spears removal
from his position as District Attorney
There was an incident of the kind men
toned in the court room here, and moth
ing was heard of it on the outside. In
the trial of a case Mr.. Spears continued
for a great length of time in asking
witness questions to which he did not
get the replies he wanted. Getting
weary with the waste of time Judge
Purnell asked Mr.. Spears to desist, as
he did not appear to be succeeding in
what he was after. At this Mr. Spears
told the judge that he might ask the
questions himself The tone and man.
ner are said to have been offensive, and
it is reported that Judge Purnell told
Mr.. Spears that his conduct was of the
contemptuous kind and was not proper
from a subordinate officer to the curt.
Mr. Spears was then told to go on with
the case.
This took place last Tuesday or We'd
nesday and now from excellent sources
it is learned that Mr.. Spears later want
ed to NIKE an apology in Judge Purnelps
private office, but learned that it was
no personal matter, but an offence to the
court, and that an apology must be in
open court.
This came, but not until on Saturday
morning, when there were few people in
court, except the officials. 1t was be-
lated apology, one that should have come
when the case in which the trouble occur
red had closed.
From those who claim to know it is
said that the only letter written by
Judge Purnell in the matter was one to
Senator Pritchard, telling him of the oc-
currence. In this it is understood tina,
the judge said that he would not permit
such conduct in the future in the court.
The letter was not to the Department of
Justice, through which comes the APP
pointment of the Assistant District At
torney, and did not demand the removal
of Mr.. Spears.
There are also other reports about the
Assistant District Attorney, and these arc
that during the time c. NJ. Bernard was
District Attorney the latter did not think
his assistant was putting in the work
that he ough to, and likewise that the
present District Attorney, Col. Harry
Skinner, is of the same opinion. In fact,
it is rather an open secret that II either
of these had the SAY so" in the mat
ter, off would go the head of Mr.. Spears.
An eye witness to the scene in the
court room says that Mr.. Spears was
"badgering" the witness, and was using
what might be termed "bull doing"
methods when he was called to account
by Judge Purnell They add that Judge
Purnell's remarks were only such as to
preserve the dignity of the court, and
that Mr.. Spears overstepped all sorts OF
court room etiquette when he told Judge
Purnell to question the witness himself.
AS soon as these words came Judge Pur-
nell dismissed the witness from the
stand.
Some time ago this paper stated that
rumor had it that Spears was to lose
his official head, and if so the latest
trouble of his will hasten his end. AS
to who will pull down the plum in case
he is OuSted that's an omen pueSS Tho
names of +. H. Whitaker, of Enfield,
chairman of the fight against Judge
Clark; George Butler, of Clinton, brother
to ex-senator Butler; Judge E. w. Tim
berlake, of Louisburg, and j. A. Giles,
of Chatham, are all in the rumors in
the air.