The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-15

county; 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 remove the proceedings to
Robson county, to be heard at the
court house in Lumberton, North Car
DINA, at II o'clock M, on Monday,
May 16, 1904, unless the respondents
elect to f!c their answers today. in
that event, the proceedings will be
continued to be heard at the court
house in Lumberton, n. c., at o'clock
p. m, Monday, May %, 1904, r. s.
PEBBLES, judge. Respondents having
stated that they are not now ready to
file their answers today, further hear
ing in this matter is postponed to be
tried at the court house in Lumberton
at II M, Monday, May 16, 1904, r. b.
PEBBLES, judge etc.
To Demand Another Judge.
The decision of the court having
been rendered, counsel for the re-
spondents retired for consultation,
and upon their return Mr.. G. M. Bus
bee addressed the court, making a
spirited statement to the effect that
the respondents would not file answers
today but would perfect and have
them ready on Monday at Lumberton.
Mr.. Busbee also stated that it was the
purpose of the respondents to make
a motion at the time for removal of
the cause to another judge, alleging
that the actions of Judge PEBBLES had
been such as to bring him under the
operation of section 1875 of The Code
controlling the removal of causes in
cases when the judge was a party to
the controversy. Mr.. Busbee called
attention in support of this pending
motion to the fact that the judge was
represented by counsel, which of ne
ceSsity made him a party to the con-
troverSy.
Judge PEBBLES, replying to this state
ment, stated that Messrs. Broadfoot
Rose and Sinclair We're not retained
by him as paid attorneys, but merely
as learned counsel in the law to as
SSt and advise him in his conduct of
the case.
Mr.. Busbee in the course of his re,
marks raised a general laugh by re-
ferring to the case of ex-parte Moore
and stating his belief that Judge
PEBBLES was then one of the respond
ents, that case being practically on all
tours with this. Judge PEBBLES denied
hastily that he had been one of the re-
spondents in that case.
VIII File Reply at LumbertOn.
After further argument it was
agreed that the answer of the parties
would be filed in Lumberton on Mon
day morning, and that then the motion
to remove to another judge would be
more fully argued.
During the course of the argument
as to removal came out the most sig
nificant matter of the day, when Judge
PEBBLES, referring to the precedent ex-
parte Moore, stated that the respond
ents were the sole trustees of their
intention to offend and practically in
vited them to purge themselves of the
contempt and bring the controversy to
an end. The hearing, however, adj
journed somewhat after 3 o'clock
without any further action, and the
scene is now shifted to Lumberton to
be heard on Monday morning.
Among the motions to be made on
Monday in case the motion to remove
is not granted will be one that the
facts be tried before jury. The grant.
ing of this motion will be in the dis
erection of the judge.
Judge PEBBLES is sick with trouble
with a homely name, the shingles, and
this is the reason advanced for the
continuance of the case.
r. l.. GRAY.