The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-17

Herald. weekly newspaper published
in Smithfield. N c.
End That during the month of Sep
tember, 1903, Hon. r. B. PEBBLES, as
Judge, held a term of the Superior
court of Johnston county,
3rd. That this affiant was present
and observed the conduct and bearing
of said judge in the trial of causes
before him. That said judge appeared
to be impatient, irritable and discount
eous in his manner.
4th. That affiant has read the affi-
davit of T. j. Lassiter made in this
cause and that on account of the in
formation referred to in Article and
of said affidavit, which information
after haying been received as stated
in said affidavit was communicated
to this affiant by said Z. ]. Lassiter,
and relying upon said statement and
information, this affiant with the con-
sent of said 7. j. Lassiter, and his
other associate editor, J. NJ. Beatty,
prepared and published the statement
which appeared in The Smithfield Her
aid on the 25th day of September.
1903, and fully set out and referred
to in Article 5 of said affidavit Of
T. J. Lassiter.
S. s. HOLT.
Swon to and subscribed before me
this 18th day of May, 1904.
u. l.. LeMA1, j. t.
Affidavit of T. j. Lassiter.
T. J. Lassiter, being duly sworn,
1st. That he is now and has been
all his life a resident of Johnston
county, y. c., an dis now and has
been for the great part of eight years
one of the editors and publishers of
The Smithfield Herald, a weekly news
paper published in Smithfield, n. c.
End. That during the month of Sep
tember, 1908, Hen. r. B. PEBBLES, as
judge, held term of the Superior
court for Johnston county, during
which term this affiant saw said judge
several times while engaged in holding
said court.
3rd. That this affant was present
i'm the court house during said tenn
and observed the conduct and bearing
of said judge in the performance of
his duties, and that said judge treat
ed the sheriff rudely, disc our-aousiy
and harshly, threatening to fine tie
said sheriff 10000 for no apparent
cause That said judge appeared to be
impatient irritable and di; ;)urteous
in his manner. so much so that this al
fiant heard frequent charg IS publicly
made during and after said term Of
court That said judge was Dartiai,
partisan and discourteOus IN his man
ner and rulings.
4th That after said term Of cout [
had adjourned and said Judge had left
the county. This affiant, on account Of
reports which he had heard in refer
ence to the conduct of said juSge while
holding said court, made inquiry anG
received information from three or
more credible parties of nigh Iharac-
ter, all residents of the toxin of smith
field that S. "a Judge hid been SO in
f,.N-
term of court was in prOgresS, that a
member of the bar had to 'p.l- him
TO bed;' that he received further in
formation that during said term of
court said judge recelTed and kept
whiskey i'm his room 1T the hotel.
5th. That on or about the 18th day
of September. 1903. there appeared in
the Smithfield Herald, the newspaper
hereinbefore referred to. statement
and publication which charged in ef-
feet that the Judge who had previously
held a term of court in Johnston coun-
ty was intoxicated while holding said
term of court, and that said pub'ica-
ton, though not using the name. was
intended TO refer and was we'll under
stood to refer to Judge PEBBLES. That
no denial of said charge was so far
as this affiant knows. ever made by
Judge PEBBLES. although the affiant is
informed and believes that the atten-
ton of Judge PEBBLES was called to
said article soon after the publica-
ton of the same.
T. ]. LASSITER.
Sworn to and subscribed before me
this 18th day of May, 1904.
u. L. LeMAY, J. p.
Affidavit of j. II. Ellington.
j. T. Ellington, being duly sworn,
says:
That he is now, and has been for
eighteen years past the sheriff of john
ston county, residing at Smithfield, n.
c.. and in that capacity attended the
September term, 1903, of the Superior
court of Johnston county, at which
term Judge r. B. PEBBLES presided.
That he had occasion to observe and
did observe the conduct and bearing
of Judge PEBBLES at said court. That
said Judge is wanting in judicial tenn
nerment. that while at said court ne
was irritable and discourteous to court
officers and some of the attorneys.
j. T. ELLINGTON.
Sworn to and subscribed before me
this 18th day of May, 1904.
z. l.. LeMAY, j. p.
Affidavit of w. w. Cole.
w w. Cole. being duly sworn. says:
/. That he is practicing attorney
at Smithfeld, y. c.. and attended in
said capacity the September term,
1909 of the Superior court of John
sion comfy. at which said term Judge
r. B. PEBBLES presided.
2 That during said term affiant had
occasion TO observe and did observe
the conduct and bearing of Judge
PeehIas in the trial of causes heard
before him. that from his observa-
tion said Judge is wanting in judicial
noise and temperament: that he Of
ton annears to take one side or the
other of the case he is trying, that he
often treats discourteously the attor-
nov Who appears on the side of the
case which at the time does not meet
with his especial favor; that without
annarant cause, he becomes irritable,
and traats with discourtesy, court Off
GERS as well as attorneys.
3 THAT affiant talked with other
r,on,hare of the bar of Johnston coun-
- "a from statements made by
tban1 he states that they entertain
the same or similar opinions of the
manner and temperament Of Judge
poabiee as is entertained and above
expressed by this afnant. e,,
That affant has no feeling of
.,a,,S,;,ess or bias against Judge
paatl'aL I'D no interest in this cause.
eep.es h'st ,ae a.lU this affidavit only because
ba ba' has ,ahes heen served with subpoena by