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

gram sent out after the meeting of the
Robson. bar, that while the operator
was attempting to read to the judge
the rules of the cotnpany respecting
the disclosure of kilograms, the latter
ordered the sheriff to put the opera
tor in Jail until he produced the tele-
gram, which he then did; that after
wards the judge remarked to the
sheriff that the action of the bar was
the "damndest thing that had ever
happened in the State, and he pro-
posed to see that it never happened
again" Also an affidavit of II. b.
HeYenor, a newspaper man of White
Vile, to the effect that Judge PEBBLES
had stated to him that the Lumber
ton bar had insulted the cloth OF his
office, and he proposed to punish
them, IT was upon these affidavits
and the retention of counsel by the
Judge that the affidavit of the respond
ents to remove to another judge was
based AS to the affidavit of the
newspaper man the judge maze the
following statement:
"After the publication of certain
interviews in the News and observer
that l had postponed the case III OF
der to effect compromise, L sldteu
to Mr.. MyrOver of FayetteVllle' tIla'
the report was not true. Judge Nc
settle the case, and | told him that
nothing less than a complete dlsclalm-
err of any intention to reflect on me as
q Judge or a man would be conSld-
cred | did not state that l intended
TO punish them. / stated to him that
if they denied the intent that would
end the matter. If they did not /
would have to punish them.
MIR. Bushels Views.
Mr.. Busbee said that upon the facts
as they presented themselves to ms
mind it would be manifestly impossl-
Bile for Judge PEBBLES to try the case
with that impartiality that was the
prerequisite of an unbiased judge.
Without rejecting in the least on
Judge PEBBLES, he submitted that ne
was an interested party under the
spilit of code section 1875. the most
nregnant idea of which was that a
Judge should not try n case Wnen ne
was interested in any way i'll the re-
suit.
Suppose the judge I might ass
would not try ito" asked Judge zee
b!es, and then he commenced the
finesse, which he carried out so Skill
fully for the remainder of the near
ing by saying: IF you nave no con-
fidence in me let the case go back to
Cumberland and / will give you jury
trial / don't see why ! should, be
singled out of all the judges who have
heard contempt proceedings to be ask
ed to establish a new precedent
Mr.. Busbee avoided the issue by
saving that the case was new one
in North Carolina as the calendar
had often been passed by the bars OF
different counties without producing
contempt proceedings.
To this Judge PEBBLES replied:
Then it is question Of law, and Ger
tainly the court that finds itself held
in contempt is the proper judge or
that. My decisions as to the law may
be reviewed and / have offered you
a jury to try the facts. All you have
to do is to get out Of the influence of
the bar here"
Tillctt's Eloquent Plea.
Mr.. Tillett, then made an eloquent
talk of five minutes duration that
captured the audience, paying high
tribute to the character and value OF
the Judge and the respondents, that
it was a case where a brave man had
clashed with brave men, and that IL
was a cause that deserved to be heard
in so impartial a way that no one
could question the justice of the ultl-
Continued on Page Four)