The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-20
Iarboro Soulherner Asks
State Bar ASS n to Give Him
Scathing Condemnation.
OPINIONS OF THE PRESS
The Jury in the Case Returned the Oaly Vsl.
dict That Was Admissible Under the
Charge Of the Presiding
Judge"

A new phase has entered into the crit
cism or Judge Robert B. PEBBLES and
without discussion of the merits of either
the prosecution or defense in the Hay
Nood-Skinner trial, the Tarboro Southern
er takes up and reiterates,. various crlti-
cisms made by the State press and calls
upon the North Carolina Bar Association
to lake action on the specific charges Of
''unfairness punetured with bias, dis
regard of the judicial proprieties" The
Southerner in it's editorial leader,
says his reflections upon Wal
ter Daniel and the deliberate Insult
offered Donnell Gillian and every attorney
that appeared for the State should receive
at the hands of the State Bar Association
tire scathing condemnation it deserves
The article from the Tarboro Southerner
iii full is as follows:
"A DANGEROUS JUDGE.
"A negro man was tried here Friday for
assaulting woman and was fined five
dollars and cost, which amounted to some
thing over eight dollars. The defendant
after the judgment had been pronounced
by Squire Watson came out and inform
cd his counsel TO the sentence. There
were several standing by who heard it,
but one promptly remarked why didn't
you kill her and it would have cost you
nothing?"
This remark was evidently inspired by
the verdicts in the Haywood and Tillman
trials
1o1 NV crln aP:t Iaicf
OF the Tillman verdict does not become a
North Carolinian. As to the why's and
wherefores of the acquittal OF the slayer OF
Gonzales we do not intend to enter, and
into the Haywood case, only to draw at
tention 10 evident unfairness, with its
concomitant dangers to citizens life and
liberty, of a. judge of the Superior Court
OF the good Old North State.
whether Ernest Haywood was criminal
~ guilty of Staying Skinner or not, is not
Il matter now to be inquired into. A
jury that violates its duty may be trusted
to. sooner or later, to receive the con-
domination of their neighbors. The jury
in this case returned the only verdict that
was admissible under the charge OF the
presiding judge, Robert B. PEBBLES.
THAT charge was the strongest plea for
the defense If the newspaper reports are
correct. It's evidenced an unfairness pune
tuated with bias, disregard of the jul
dicial prophecies, that we hope has not
been equalled since George Jeffreys was
imprisoned in the tower of London for
the fragrant injustice he displayed on the
bench
1.-The acquittal of guilty man amounts
to little with the State, because it Is far
better that ninety-nine guilty men escape
than one innocent man be punished. And
herein lies the danger of man wearing
the judicial ermine so constituted, to take
4 charitable view, that he cannot avoid
taking sides, being a partisan. If Hay
wood were as innocent as the defence
claimed and Judge PEBBLES declared, how
would it have been if this judge had
been as unfair towards the defense as he
was TO those who represented the State?
The same jury might have placed Hay
wood by its verdict in a felon's cell or
on the gibbet'
With such inexcusable leanings on the
part Of nan whom the people expect to
hold the scales of justice evenly balanced,
who can tell or which side his partisan
mania will break out?
Throughout the entire tfldl Judge
PEBBLES displayed an unfairncss if not ami
mostly, towards the counsel for the State.
that not only grieves his friends. but
also gives great and deep concern to al
lovers of law and order.
Judge Lynch needs no better apostle.
Who can respect the law, the deliver
f.nces of court, when it is SO patent that
the judge is lost to all sense of fairness
and, AZ times, common courtesy?
us it any wonder that such a deciara
ton as is printed in the beginning of the
article IS heard or words of similar import
about the streets?
THE reflections he made upon Walter
Daniel who has been the superior ever
since Judge PEBBLES left his cradle; the
deliberate insult offered Donnell Gillian
I'D every attorney that appeared for the
State should receive at the hands of the
State Bar Association the scathing con
demnation ii deserves.
This is due to the profession and ever
more. for the profession of law Is an hon
orable one, and no man be he the highest
judge in the land should be allowed tc
go unchallenged in his course OF unfair
ness and partisanry'