The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-14

of rom that day to this, they not having
appeared at the Habeas Corpus proceed
! ings. this affidavit might be OF the same
character.
AS to Mr.. Schmitz, he could have s.
arranged things as to be present at tins
term. But they had reason to behevt
there were other reasons why Mr.
Schmitz could not be present at this tern
of court.
Mr.. Hocutt resided in this city, and his
deposition could be taken. His testimony
in any event was merely cumulative to
that of Mr.. Schmitz. Mr.. Hocutt has beer
| i'll for two weeks, and yet this was the
first day that counsel for the prosecution
had any notice of the fact.
Judge PEBBLES said if he thought that
the affidavit was filed simply for the pur-
pose of continuance, he should force the
defendant to come to trial. and let the Su-
preme court say whether he was right OF
wrong. But he had before him the facts
that two of the principal witnesses were
unable to be present, one i'll with typhoid
fever and the other unavoidably absent
The very fact that counsel for the prose-
cution said that certain things in the de
PENDANTS affidavit did not correspond with
the testimony showed the Importance OF
these witnesses testifying again.
The judge said he would not have con
tinued the case on account of the absence
of Schmitz alone, but both Schmitz and
Hocutt were unable to be present.
Accordingly the judgment of the court
was that the case be continued until the
September term of court. This will begin
on Monday, September 2Sth, and after con-
sulting with the lawyers and the sheriff,
Judge PEBBLES set Thursday, October LIST,
as the day for the trial to begin. BY that
day, he said, the special yenire of $50 jury
men must be on hand
The Judge asked that a special effort
be made by the audience to inform all the
witnesses not to come before October 1st,
and stated that any witnesses that might
come after they had received notice of
any kind that the case was continued,
could not prove attendance.
JUDGE PEBBLES FIRST DAY.
Yesterday was Judge PEBBLES first APP
pearance in Raleigh as a presiding judge,
and the impression he made was a fine
one He started out with the apparent
intention of doing his utmost to dispatch
business. He is firm, too, and set his foot
down several times yesterday on the
slightest signs of disorder and confusion,
whether outside or inside the bar.
His charge to the grand jury was brief
and of a general character. He did not
take up the various crimes severally,
merely touching upon the duties of the
jury in general concerning the returning
of all crimes that might come to their
knowledge.
He reminded them that according TO the
present laws failure to list any property
for taxation was a misdemeanor.
He spoke of the duty of the grand jury
of inspecting the public records, court
house, county offices, county home, county
jail, etc.
The grand jury is composed of the fol-
lowing: r. N Griffin, JOS. j. Brown, w.
P. Belts, Berry OKelly, (col.), N. NJ Tom
linson, Chas. Wallen, j. H. Robertson, L.
D. Gill, Martin Perry, F. f. Harding, G. n.
Baueom, George f. Ball. Charles w. Sugg,
Robert Kimball ST., C. B. Hart, w. l..
King, j. C. Holland and w. l.. Wigs.
r. ". Griffin was chosen foreman.