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

Tor the IdSI InlTIy-llNe years d resi-
dent of Johnston county, \. c., and
is now and has been for about thir
teen years, one of the editors and
publishers of The Smithfield 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 terms of the Superior
court of Johnston county, and that
this affiant was present in the court
house on one or more occasions 1ur
ing said term and observed the con-
duct and bearing of said judge III
the trial of cases before him. That
said judge appeared to be irritable and
discourteous in his manner.
3rd. That affiant has read the affi-
davit of 7. J. Lassiter, made in this
cause and that on account of the in
formation referred to in Aarticle 4 and
5 of said affidavit which was COM
municated to this affiant by said T. j.
LaSSiter and relying upon said infor-
nation this affant consented to the
publication of the statement which ap-
peared in The Smithfield Herald on the
25th day of September, 1903. and fully
set out and referred to in Article of
said affidavit of T. J. Lassiter.
4th. That this affiant also received
information from the sheriff of John
ston county that during said court
herein before referred to one of the at
torneys present at said term of court
conveyed and procured two great bot
ties of whiskey for Judge PEBBLES and
probably two other parties.
j. NJ BEATY.
Sworn to and subscribed before me
this 18th day of May, 1904.
Il. L. LeMAY, ]. P.
Affidavit of p Wilson.
North Carolina-Duplin County.
]. p. Wilson, being duly sworn. says:
that during the month of February,
1903 me was keeping the Northum-
berland hotel at Warsaw, n. c.; that
on the day Judge PEBBLES sent E. S.
Herring to Jail at Clinton. n. c., he
came to Warsaw and stopped at my
hotel from 4 o'clock D. m. till about
s o'clock y. m.
That from all appearances Judge
PEBBLES was much intoxicated. He
called for sugar and water and drank
whiskey while at my hotel.
j. P. WILSON.
Affidavit of f. W. Kerr.
North Carolina-Sampson County.
E. w. Kerr. being duly sworn, says
that he has been a practicing attor-
ney i'm Sampson county for thirty-two
years; that he was present in court
during the February term, 1903, of
Sampson Superior court and noticed
Judge r. B. PEBBLES during the entire
term in his treatment of members of
the bar. jurors suitors and witnesses
and can say truthfully that he has
never before seen such harsh and dis
respectful treatment by any judge to-
wards all parties in the court. The
jurors. witnesses, suitors and many of
! the lawyers seemed to be in mortal
! fear of Judge PEBBLES.
This affiant was told by jurors who
served under Judge PEBBLES that they
! had decided cases as they did bring
| ing i'm verdicts deciding cases one way
when they would have decided differ
emily but for their fear of Judge Pee
| bles.
That during a great part of said
| term of court it was perfectly appar-
ent that Judge PEBBLES was under the
/ influence of whiskey: that affiant is
| informed and believes that some
nights during said term of court
| Judge PEBBLES became intoxicated.
That on Thursday evening of the
second week of said term of court
Judge PEBBLES asked the jurors then
| engaged in the trial of a case TO be
| in court on the next morning earlier
! than usual and for those living some
distance from town not to go home,
| but spend the night with some friend,
near town: that affiant is informed
and believes that on account of Judge
! PEBBLES request those jurors living
some distance from the court house
did stop with friends near the court
court; that at that time the court was
/ trying a case in which one Odum
| had some interest: that Odum asked
| one of the jurors, T.. S. Herring, to
/ go home with him and spend the
night; that said Herring went home
with said Odum and spent the night
4 =
after the jury had returned their ver-
dict, which was quite contrary TO the
charge given the jury by the court
Il. s. Herring being spokesman for
| the jury, Judge PEBBLES Immediately
ordered the said f. S. Herring to jail
for thirty days, because the said Her
ring. he stated had been guilty of con-
tempt because he spent the night
with Odum, one of the defendants in
the case. He ordered Herring to jail
without allowing him or his friends
the privilege of making any explana-
ton or statement of Herring's con-
duct, although Mr.. Herring is one of
the most upright and honorable men
in the county. This affiant asked his
honor to be allowed to speak for Mr..
Herring and Judge PEBBLES replied in
substance that it would do no good
unless affiant could make an affidavit
{
Immediately after sending Herring
to Jail court was adjourned for the
term, and this affiant went to the
Murphy house to see Judge PEBBLES to
intercede for Herring, and found
Judge PEBBLES in his room packing
his things to leave on the train for
Warsaw, y. C., and when affiant went
in Judge PEBBLES room there on the
mantel were two large water bottles
full of whiskey which looked like
they would hold a gallon and two
quart bottles with about two drinks
out of one and the other full. Judge
PEBBLES asked me to drink with him
then and there, which request / re-
fused. The bottles of liquor he
packed up with his effects and carried
away with him: that it was the COM
mon talk OF the people attending
court that Judge PEBBLES was under
the influence of whiskey great part
Of the time he was holding court at
said term.
Judging from what affiant saw oil
Judge PEBBLES. and what | have heafd