The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-17
Show Your Hands, Says
Judge Pee bles.
CONTINUED from First Page.)

temperate in their discussions. Judge
PEBBLES was not today represented by
counsel. For the respondents ap-
peared Mr.. u. l.. Spence, in addition
to counsel present at Fayettevllle.
Judge PEBBLES announced court con-
vened and requested to see the an
swers of the respondents.
Proceedings were opened by John
d. Shaw, Jr., who objected that the
proceeding was one that could not be
heard out of term. Contempt pro-
ceedings should not be heard out of
term, except by consent or by au-
thority q special statute. Judge
PEBBLES disagreed and Mr.. Shaw stated
that court was only opened for bust
ness at the time set by the Legisla-
ture and at no other, Judge PEBBLES
remarked that he did not propose to
hear the case, but merely to sit on
the answers and that unless the an
swers were such as required no evil
dence he proposed to continue the
hearing until the May term of court,
and that he desired the answer filed.
Several Motions Oyerruled.
Respondents excepted. Respond
ents then put in the following motions
all of which were overruled: North
Carolina in the matter of n. A. Nc
Lean ct ais. Respondents move the
court to dismiss this proceedings for
that the court has no power to hear
the matter at this time, and that the
proceedings have been discontinued
G. w. Tillett, G. M. Busbee, j. D.
Shaw, Jr., Robinson & Shaw and U.
l.. Spence attorneys for respondents
Motion over-ruled and respondents ex-
cepted.
Respondents move the court that
they be not required at this time to
e. oil
whateVer in reference to this pro-
ceeding for that the court has no pow
er to take any action in the premises
at this time. Motion refused and re-
spondents except.
The respondents move the court
under the special appearance entered
for the respondents herein to dismiss
this proceeding, first, for that the
affidavit of J. a. Parker filed herein
does not purport to be made by one
having any actual judgment of any
of the facts contained in said affidavit
Second for that the said affidavit OF
j. A. Parker is made solely upon in
formation and belief, and is therefore
insufficient. Third, for that the atii-
daVit upon which the rule is based
does not state facts on its face suffi-
cient to constitute contempt or justify
proceeding as for contempt. Motions
above numbered l, 2 and over-ruled
and respondents except as to the rul-
ing of each motion.
Upon the annexed affidavit OF the
respondents, counsel for respondents
move the court to remove this pro-
ceeding to be heard before some other
Judge of the Superior court of this
State.
The Answer of the Bar.
North Carolina.
In the matter of n. A. Mclean. Esq;
B. F. Mclean, Esq; Stephen Nc
Intyre. ESQ.,; A w. Mclean, Esq;
John H. Cook, ESQ.,; E. j. Britt,
ESQ; r. B. Morrison, ESQ.,; Wade
Wishart, Esq; r. c. Lawrence,
Esq; r. E. Lee, ESQ, and j. @. Nc
Ccrmick, Esq.
reServing to
himself all objections and exceptions
to the venue and jurisdiction of this
court and to the insufficiency of the
affidavit and order filed in this spe-
ciaI proceeding, and especially pro-
testing against the authority and jul
risdiction of Judge Robert b. PEBBLES
in the premises, for reply to the affi-
davit and order served upon him,
says:
1. That the allegations of paragraph
one of said affidavit are admitted.
2. Answering paragraph two, re-
spondent says that he admits that
there was a meeting of the members
of the bar of Robson county at the
office of the Clerk of the Superior
Court, called by said Clerk for the
purpose of making a calendar of jury
causes to be tried at the April Term
1904, of said court.
3. That the allegations of paragraph
three are admitted.
4. That the allegations of paragraph
four are not true. The only action
of the respondents on said 21st day
of March, 1904, was their agreement
not to fix a calendar for the trial of
jury causes at the said term of said
court
5. That the reasons then and there
assigned for said action were as fol-
lows:
a. That reports had been received
from other counties in which Judge
PEBBLES had held court of his dis
courtesy, to counsel, unfairness and
partiality, a notable instance being in
the Haywood case.
b. The discourtesy and unfairness
shown by Judge PEBBLES to n. A. Nc
Lean, one of the respondents, at
Bladen Superior Court as set out in
the affidavit of N. A. Mclean.
c: Reports of lack of judicial tenn
permanent upon the part of Judge
PEBBLES, which untitled him as judge
TO give suitors fair and impartial
trials.
d. The necessity for the farmers OF
Robson county to remain at home at
the time said court would be held, to
give the necessary attention to their
farm work
e. The reports that Judge PEBBLES
had been under the influence of Ii |
uuor during the time he was holding
the courts of Johnston and other
counties.
f. The fact that Judge PEBBLES had |
stated at a former term of Robson |
court that he would be bound by no |
calendar unless he approved of the |
same.
&. Reports from counties in which |
Judge PEBBLES had held court of his !
discourtesy to jurors and witnesses III |
attendance at said courts.
h. The discourtesy of Judge PEBBLES |
to ]. G. Mccormick, one of said re-
spondents at February Term, 1904, of |
Cumberland Superior Court, as set out |
in the affidavit flied by said McCor- |
mick in this proceeding.
i. The right of the bar of Robson
county to set their cases for trial or
hoy Aat