The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-05-17
Especial to The Messenger)

Fayetteville, n. c., May 14.-At Il
o'clock today, the case of contempt
proceedings came up against the fol-
lowing members of the Lumberton bar:
y. A Mclean, B. F. Mclean, S. M Nc
Irt-re, y. w. Mclean, J. H. Cook, E.
J. Er:tt. R. B. Morrison, Wade Wish
art, r. &. Lawrence, r. z. Lee, ]. G..
Mccormick. with the following counsel:
c. w. TiHett, C. NJ. Busbee, ]. d. Shaw,
Jr., H. McD. Robinson, J. G. Shaw.
The rule being read. C. w. Tillett, OF
counsel for the respondents, moved to
dismiss the case on the ground that
respondents were residents of Robson
county, and the case could not be tried
in Cumberland; that there were two
kinds OF contempt, direct and indirect,
and this at most could be only indirect:
He called attention to Sections 655 and
BOO o. the code. providing for proceed
ings Of this nature; that the matter
must be begun, continued and ended in
RObeson. where the alleged contempt
occurred. He read the case of McNeill
VS.. Hodges, seth North Carolina re-
ports. page 243, towards the close of
which reading Judge PEBBLES interrupt
ed counsel, saying ne need not elabo-
rate on the point, which ne admitted
that where the case was begun it must
continue and end. But this case did.
not begin in Robson county, but was
read in publications circulated in Cum
berlanc county; that he was willing to
hear counsel on any adjudicated au-
thority on this point.
Mr.. Tillett then cited Case 66th North
Carolina page 431, at which point Judge
PEBBLES interrupted counsel to say that
a clerk OF the Superior court had stat
utory not common law jurisdiction.
Continuing Re said "I overrule your
motion, unless it be TO remand the case
20 Robson county"
Judge PEBBLES then offered to consider
motion to dismiss, as a motion t. re-
move to Robeson county, and to grant
that motion. Respondents declined to
treat the motion to dismiss as motion
TO remove to Robson, and insisted on
the motion to dismiss. The court then
oyerruled the motion, and respondents
excepted as to both their motions. TIL
lett then moved that without prejudice
TO their motion, the case be removed to
Robson county. The court asked for
their answer, and stated that he would
take the matter under advisement until
2:3o o'clock At that hour he had read
the following order:
State of North Carolina,
Cumberland County,
Before R B. PEBBLES. Judge.
In the matter OF N. A Mclean, Esq.
and others. Order.
The court is of the opinion that, the
respondents having declined the offer
OF the court to treat their motion to
dismiss as motion to remove the pro-
ceedings to Robson county, can not,
as a matter OF right, blow hot
and cold at the same time, and have
thereby, lost all right, If they had any,
to remove the proceedings. And the
court is further Of the opinion that the
publication in Cumberland county of
the action of the respondents, gives the
court jurisdiction in Cumberland court;
but, if it suits the convenience Of the
respondents better to try the matters
involved in Robson county. the court
valves the right TO try in Cumberland
county, and grants the motion to re-
move the proceedings to Robson coun-
ty, to be heard at the court house. in
LumbertOn, n. c., at II o'clock m, on
Monday. May 10th, 1904, unless the re-
spondents elect to file their answers to-
day. In that event, the proceedings
will be continued to be heard at the
court house in Lumberton, n. c., at 3
o'clock D. m, Monday, May 23rd, 1904.
CSigned.) R. B. PEBBLES.
Judge.
Fayetteville, n. c.. May a. 1904
Respondents retired for consultation,
and in a few moments, c. NJ. Busbee
stated that their answer was not per-
fected, but would be ready by Monday.
He also stated that the respondents
would at that time move that the con-
tempt proceedings be heard before an
other Judge, as Judge PEBBLES was here
represented by counsel and was a
party to the case. The judge replied
that c. W. Broadfoot, q. NJ. Rose, and
n. A. Sinclair were requested to act as
advisers, but were. in no sense his paid
counsel. He asked Mr.. Busbee il he
ever knew of contempt proceedings
coming before other than the Judge at
whom they were aimed. The counsel
replied no. but there never was such
D case as this; that they were walking
over new ground Indeed you are, very
new ground replied the court, at which
there was laughter in the court room.
suppressed Immediately by the sher r.
TIE judge asked learned counsel il