The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-17
HERE is THE RESULT
The Respondents Have the Advantage
of Every Possible Legal Exception
and Judge PEBBLES Has in Hand
the Matter Upon Which to
Prepare What is Prac-
ticaIIy His Defense.
Especial to News and Observer.

Lumberton, n. c., May 16.-The
contempt proceedings here today were
finally continued until Thursday the
26th of May. Before this was done,
however, Judge PEBBLES had secured
the answers of the respondents and
the afidavits in support of the an
swers. There was an interesting con-
test between judge and counsel for
the respondents before this was ac-
complished. The result is that the re-
spondents have the advantage of every
possible legal exception and Judge
PEBBLES has all the matter in hand
upon which to prepare what is practi-
cally his defense TO the matter set up
in the answer of the affidavits in tteir
support.
Hot to the Palate.
The answers and affidavits are dis
tinctly sensational alleging matters
which while technically called forth by
Judge PEBBLES rule are really attacks
upon his personal character
In reference ~ that portion OF the
answer charging him with drunken
ness at Johnston court Judge PEBBLES
stated with much feeling from the
bench that no living man except one
could truthfulIy state that he had ever
seen him under the influence of hqdor
and that the one occasion occurred
when he was a school boy and when
he got drunk Intentionally to see how
it felt The judge states that :he
knowledge of how it feels to get sober
cured him of drunkenness for all time
The Best of Feeling.
Although the proceedings were of d
2 sDicv and interesting character hey
were characterized by the best of !eel-
ing apparently. Judge PEBBLES WIS IN
fine humor notwithstanding the fact
that he is still suffering from the
shingles and kept fine temper un-
der circumstances that would nave
seriously riIed many less Influenced
man.
4 Duel of Wits.
correct summary of the hearing
TODAY could probably be made in the
statement that il was a duel of wits be-
tween Judge and counsel Judge Pee
bIes' offer to let the trial of the facts
go to a jury was piece or policy
no matter how sincere II douptiess was
i'm addition That it did not satisfy
counsel for the respondents was ex-
nIainabIe on the we'll known principle
that a Judge invariably exerts potent
influence over a jury and they were
not TO be led TO relinquish any OF he
advantage desired by the ,
Judge to allow their motion for a re-
rnovaI to another member of the Judlc-
iary.
1t was stated generally this morning
that Judge PEBBLES had said that ne
would consider attacks on his personal
character which might be set of In me
answer as a fresh contempt, and inter-
est was therefore intense when the an
swer was filed. Judge PEBBLES told me
tonight, however, that any expression
of this sort that he might have usen
was meant to contemplate fully sucn
matters as might be set up gratultous-
Iy which were not called for by ms
rule. The answers did not go to Ibis
extent. Hence they looked for sensa-
tionaI did not materialize.
Heard by Another Judge.
From remarks of Judge PEBBLES
from the bench. l predict that the
matter will ultimately be heard by
some other judge than himself. This
is based upon a mere inference from
the character of his remarks and not
upou information. as the judge fer-
ruled the motion to remove but ,et il
he known that he reserved the right
to change his ruling and put the Whole
matter under a new judge for trial.
THE AFTERNOON SESSION.
When court re-convened at 3:15
o'clock Judge PEBBLES having forced
the filing of the answers proceeded
likewise TO insist that the afhdavts
upon which the answers were PREFER
ed should also be filed. This was e
sisted by counsel on the ground that
no issues were made until the matter
came finally TO trial. This. however.
would not down Judge PEBBLES. For
the first time he expressed deep feel
ing.
He exclaimed: You have accused
me of being drunk at Johnston codrt
that is an issue. No man living, save
one. eyer saw me drunk in my life;
that was when | was IL years old and
got drunk on purpose. Any statement
that | have since been under the in
fluence of liquor is unequivocally
false.
Mr.. Barbee explained that the issue
was not wether the judge was drunk
but whether the bar believed at the
time they continued the calendar that
he had been drunk. that respondents