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

said Mcleod that the conduct of re-
spondents was the damdest thing
that had ever happened in North Car
DINA and that when he got through
with them it would not happen any
more" That the said conversation
with said Mcleod was had before the
said Judge Robert B. PEBBLES had
made anv due investigation whatso-
ever into the truth or the falsity of
the charges against the respondent
That in said conversation he express
ed an opinion upon respondents guilt
and expressed an intention of punish
ment therefor.
Co For that the said Judge Robert
B. PEBBLES. as affiant is Informed,
believes and so alleges assented to
the following publication which APP
peared in the Charlotte Observer of
date the 18th day of April, 1904, as
follows:
"Whiteville, April 18.-Judge Pee
bles stated today to the Observer cor
respondent that the contempt pro-
ceedings against the lawyers of Robe
son county would not be brought up
at Whiteville owing TO his present
physical indisposition, but he would
most aSsuredly bring them up for con-
tempt of court at the term of Cum
berland county court to convene at
Fayetteville on Monday, May 10. Judge
PEBBLES says they have insulted the
cloth and the dignity of the law and
they shall be punished in conse-
quence."
Cd For that the said Judge Robert
B. Peebles as affiant is informed, be-
lieves and so alleges, authorized a
publication which appeared in the
Charlotte Observer of date the 9Th
day of May, 1904, stating in substance
that he (Judge Peebles) would be sat
isfed with nothing less than a writ
ten statement signed by respondents
to the effect that in none of their ac-
lions did they have intention of reflect
ing upon the said PEBBLES either as Il
man or as judge, and that he would
take no steps in the matter until the
day following the date. of said pub
LEGATION.
(e) For that the said Judge Robert
B. PEBBLES has expressed the opinion
as affant is informed and believes
that the defendants were guilty and
that he would punish them severely.
That such statements were made
by said Judge Robert B. PEBBLES with
out any due inquiry into the truth or
falsity of the charges against respon-
dents.
CD For that, as affiant is informed
and believes, the affidavit made by j.
A. Parker herein was in the hand
writing of the said Judge Robert b.
PEBBLES.
That the said j. A. Parker is not,
and has not been a resident of Robe
son county is not acquainted with
the respondents, and is unknown to
these respondents. He does not in his
affidavit undertake to state the source
of his information from the hand
writing in which his affidavit is pre-
pared that the same was drawn by
Judge PEBBLES, and respondents be-
lieve that Judge PEBBLES furnished the
information upon which said affidavit
is based and induced him to make the
affidavit
That Judge PEBBLES has paid by his
personal check the expense of serv-
ing the rule in this matter upon re-
spondents, as they are informed and
believe, and that the various acts and
declarations of Judge PEBBLES have
convinced the respondents that he is
in reality the prosecutor in this mat
ter
That respondents do not believe it
is in the nature of any man, situated
as Judge PEBBLES is, to give these re-
to which every man is entitled
That in the nature of things the
position occupied by Judge PEBBLES in
this matter cannot fail to fill him with
bias and prejudice against respond
ents. That the safety of our institu-
tons and the respect of our people
for our courts depends not only upon
fair and impartial trials but upon the
belief of every party to an action that
he can and will obtain such fair and
impartial trial.
That the bias of Judge PEBBLES is
SHOWN by the fact that in the order
signed by him he refers to the affidavit
which appears in his own handwrit-
ing and states in the order that after
reading and considering the affidavit
he adJudges that this affidavit, pre-
pared in his own handwriting as afore-
said, constituted prima facie proof of
respondents guilt.
That for the reasons herein stated
he does not believe he can obtain
fair and impartial trial before
said Judge Robert b. PEBBLES.
Sworn and subscribed before me
this - day of May, 1904.
Court offered in answer to the
above motion to carry the action back
to Cumberland county by consent. and
to jury. Respondents OBJ
Jected to Cumberland county. Court
then offered to substitute Barnett in
place of Cumberland. RESPONDENTS
objected to Harnett county. Court
then offered to substitute Johnston
county. Respondents refused but
said they were willing to remove the
matter to any county in the Seventh
district except Cumberland county,
provided the matter should be tried
by some other judge than Judge Pee
bles. 1t was understood that if
cause was removed to Cumberland,
Harnett or Johnston county it was to
be tried by Judge PEBBLES and a jury.
Motion over-rulcd and respondents ex-
ceDt.
Repartce P.cases the Crowd.
1t was with the Introduction o.
these motions that the proceedings
took on the animated character that
was retained to the end. 1t was
argued forcefully by Mr.. Shaw, Mr..
Tillett and Mr. Busbee that the affi-
ar.IyO