The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-05-31
Three Men Sentenced.
Continued from First Page.)

important case and asked Mr.. Lee to
wake him in time for court. Mr.. Lee
failed to do so and on dressing him
self and reaching the dining room, he
found Judge PEBBLES, who told him
that he had fifteen minute time in
which to get to court. He asked Judge
PEBBLES, III he failed to get there within
the specified time, to please wait on
hin a short while. He reached court
within the specified time and found, to
his surprise. that the case was in
progress. He further testified that he
heard nothing read from papers or
newspaper clippings, or comments con-
corning drunkenness. He was in the
vault part of the time and did not hear
all that was said.
Mr.. ". H. Humphreys, clerk of the
court, was called next and testified
substantially to the same facts as had
MI Skipper, the substance of which
being that several members of the bar
expressed themselves as unwilling to
have their cases heard before Judge
PEBBLES, because of his ~iscourtes to
members of the bar and his lack of ju-
dicial temperament Col. y. A. Mclean
said he would continue for thirteen
years before he would try before a
judge who vol not treat the bar
with proper courtesy. A motion not to
make a calendar was carried by the
entire vote of the members of the bar,
except Mr. Lee
After the hearing of the testimony
of these two witnesses, the court ad-
journed until four o'clock.
At four o'clock, court met and a
general objection was entered by res
pondents to each affidavit filed by
Judge PEBBLES, as incompetent and ir-
relevant The court also, made a SIM
liar ruling on his own behalf in regard
to respondents affidavits.
Judge PEBBLES then read three orders
of the court, which are in substance as
follows: There are several parties,
who, actuated by malice toward me,
excited by my Furnishing parties in
! Sampson county,, and by reprimanding
officers of the court for failure to do
their duties in other counties, charge
me with wholesale drunkenness, know
ing the same to be absolutely false.
I would be doing a gross injustice to
the judiciary of North Carolina if I
were to let these parties go unpunish-
ed" He passed over most of the cases
| of affiants because he does not wish
to find facts on any ones belief, and
most of these are stated on some ones
belief. las the sheriff of Robson
county. an officer of the court, has
seen fit to file ~affidavits stating that he
saw two one-half gallon bottles of
whiskey on my mantlepiece at Fayette-
vile and as my silence may be con-
strued into admission Of same, the
court goes or to explain that these
were two bottles of Buffalo Lithia water
and that the only whiskey in his pos
session was a bottle of brandy which DR..
i Marsh a prescribed for him as medi-
cine. He declined at the present to
| take any action in the case af Sheriff
Mcleod. He next e an order in re-
gard to Mr.. c.. F. Carroll, of Duplln
county, who filed an affidavit to be
| used in this court, stating that during
the term of New Hanover court, which
was suspended on account of his
sickness, he saw Judge PEBBLES in the
dining room of the Orion hotel in a
very intoxicated condition, that he saw
him the next morning In the same con.
dition. The finding of the court is that
the said affidavit is, knowingly and
c%orruptly false" that said G. F. Car
roll intended by filing the affidavit to
humiliate and degrade the said Judge
PEBBLES and bring him into contempt
| and ~disrepute. That the said afflda-
Wit was voluntary and was not respon-
sive to any affidavit filed in the pro-
ceeding, or to any interrogatory con-
tanned in the rule issued. The fore
| going facts are found upon the perso-
nal knowledge of Judge PEBBLES, and
supported by ~fidavit Upon the
foregoing facts found, it is considered
and adjudged that c. F. Carroll, he fill
ing the said affidavits as aforesaid,
committed a direct contempt OF the
court; that is a conteIILp. in the pres
| ence of the court, wherefore it is con-
| sidered. ordered and adjudged that said
| c.. f. Carroll be confined in the COM
mon Jail of Robson county for h pc
riod of thirty days and also pay a fine
| of $500 for the reasons set forth in the
foregoing. R. c. Switzerland, of
! Sampson county, who also in an affi-
| davit charges Judge PEBBLES with
| drunkenness on the bench, On the porch
| Of fhz hofal and on the streets of 1lln-
| ton, is also sent to Jail for thirty days
and fined 500. Mr.. E. w. Kerr, who
| also in an affidavit charges Judge Pee
| bles with drunkenness, is sent to jail
for thirty days and fined $3.50, in a SIM
liar Judgment of the court.
These orders, read by Judge PEBBLES
in open court, were the signal for a
spirited and racy debate on the part of
the counsel for respondents. Their
echo had scarcely ceased before both
Messrs. Busbee and Tillett were on
their feet, and while they denied that
they were i'll any way representing
Messrs. Kerr, Carroll or Switzerland,
they stated that such affidavits were
| filed under the express direction of the
| court, who had ruled hat the question
! of his drunkenness was an issue of the
caBe.
Judge PEBBLES said that he had not
said that his drunkenness was an issue
in the case, but that they had made it
SUCH.
Mr.. Tillett spiritedly contested that
his honor was in error and that the
charge of drunkenness seemed to stick
in his craw." Realizing the lack of
courtesy contained in the expression,
he Immediately ~apologiZed. but contin-
ued the argument. He declared that he
I could produce affidavits from 200 men
who were in the court house at the time
the Judge had so ruled; that his rul-
ing was that 1.-The question Of my
drunkenness is an issue and if you have
any evidence to support it, you had
better put it in"
Judge PEBBLES at last agreed to make
an entry on the minutes satisfactory to
counsel for respondents and In har-