The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-05-20
Especial TO The Messenger.)

Lumberton, n. c., May 16.-Court
convened at 1915 O'Clock p.
m, in pursuance of an order made
at Fayetteville on Saturday, to contin-
ue the hearing of the contempt case.
The respondents were represented
by Messrs. c. w. Tillett, C. NJ. Busbee,
J.. D. Shaw, Jr., Robinson and Shaw
and u. L. Spence. A motion was
made by respondents to dismiss, on
the ground that at this time the court
has no power to hear the proceeding,
which has been discontinued. The
motion was overruled. to which ruling
respondents excepted. The reSpon-
dents further moved that they be not
required TO answer, or do anything
whatever in regard to these proceed
ings, as this court has at the present
time no power whatever to take action
in this matter. This motion was also
OVerruled, and respondents excepted.
The respondents further moved to dis
miss, on the grounds that the affidavit
OF j. A. Parker, on which this action
was brought, does not purport to a
been made by any one having actual
knowledge of the facts therein; hat
said affidavit is made solely on infor-
nation and belief; that said affidavit
does not state facts on it's face suffi-
Z " ~
justify proceedings for contempt. The
motion was Overruled, and espon
dents excepted.
The answer was duly filed. and it's
reading waived. On the affidavit of
respondents, a motion was made for
removal, which motion was oyerruled,
and the respondents excepted.
The court then offered to remove
the causes to Cumberland, Harnett or
Johnston, and submit all the issues
to the jury should respondents agree,
that if such motion was taken, Judge
PEBBLES should hear the cause. The
counsel for respondents agreed to re-
mOva1 to any county in the district,
except Cumberland, the case to be
tried bv some other judge.
The court expressed it's purpose to
reserve the right, with the consent of
the respondents, to change the above
rule, and secure some other judge to
hear the case, should he see fit. Pend
ing their action, court adjourned until
3 p. m.
At 3 p. M. court was convened.
Counsel asked the court to rule which
of the affidavits would be admitted, as
the respondents were unwilling to file
any which were not pertinent. The
court declined to so rule, but agreed
that respondents should have the OPP
~pOrtunity of Withdrawing any or all of
such aff1GaVits at the time set for the
regular nearing. Al mat time. OppOr-
tunity should be given them to file
affidavits in rebuttal of any which he
might file.
Referring to the charge of drunken
ness, Judge PEBBLE declared that no
one ever saw him drunk, except once,
and that was when he was seventeen
years of & He characterizeS the
answer of respondents in regard to
the Haywood case as vague and indefi-
mite. and not in accordance with the
Instructions which he had given, as to
be made.
The court ordered the followir~ rec
ord to be made: On the court docket,
in re, y. a. Mclean. etc. in the mat
ter of contempt. the case was called
to-day at 1915, in of re-
mOval of the case from Cumberland
county to Robson county. After the
o~verruling of the divers motions. the
originals of which We're filed with pa
pers and copies of same, respondents
filed answer and thirty-three affida-
Wits Five days are allowed to file ad-
ditiOnal affidavitS or to mail by regis
bleS, judge. at his home in Jackson
and no affidavits will be considered
thereafter. except as may be in rebut'
tai or reply to respondents. The case
ia continued to be heard on Thursday
NJ the 26th, in Lumberton court
house. Lumberton.