The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-14
Neither Judge Nor Bar in
Yielding Mood.
EPROBABLECOURSE
1t is Believed That the Robson
County Lawyers Will Make an
Answer in the Nature OF
Demurrer---Judge Pee
bIes' Rule.
Especial to News and observer3

Especial to News and Observer)
Fayetteville, n. c., May 13.-Neither
the Lumberton bar nor their attor-
neys have yet arrived here to reply to
Judge PEBBLES rule for contempt. The
rule is returnable tomorrow at noon.
The members of the bar and their
counsel will arrive at / o'clock in the
morning. While the greatest interest
is manifested among all classes here,
the outcome is still in large measure
a matter of pure speculation. 1t can
only be said tonight that there is at
present no indication of an amlcable
settlement. 1t may be confidently pre-
dicted that in spite of the conclllatory
efforts which have been made, tomor-
rows hearing will show the same
stubborn attitude that has so far char
acteriZed both the judge and the re-
spondents. There is scarcely any
proba bility that the attorneys involved
will make any effort to purge them
selves of the alleged contempt Their
probable course will be to make an
answer which will be in the nature of
a demurrer, admitting the language
objected to and the intent, and deny
ing that the action of the bar and the
a contempt of court under the recent
decisions of the Supreme court, notab-
by in the decision in re Gorham, sus-
tanning the act of the Legislature of
1871 regulating attachment for con-
tempt.
1t is interesting to note that the act
above referred TO was passed by the
Legislature as the result of the fa-
nous contempt case in re Moore, in
which Justice Montgomery, who wrote
the opinion in Gorham's case, was one
of the defendants.
While the proceedings tomorrow win
undoubtedly produce a great legal bat
tie, 1t is uncertain as yet whether or
not they will be as sensational as they
may be if the Lumberton bar takes up
the challenge of Judge PEBBLES. In his
rule he attempts to justify the pub
lshed statements as to the latters
conduct in the Haywood case.
The affidavit of J. A. Parker which
Judge PEBBLES presents in introducing
the case follows:
North Carolina-Northamp County.
Superior Court.
In the matter of Y. A. Mclean, Esq.
B. Il. Mclean, Esq; A. w. Mclean,
ESQ: John H. Cook, Esq; e. j.
Britt, Esq; r. B. Morrison, Esq.
Wade Wishart, ESQ.,; r. c. Law
renee, Esq; r. e. Lee, Esq; l.. w.
MMcIntyre, Esq.
l, J. A. Parker, being duly sworn,
say on information and belief as fol-
lows, to-wit:
/. That the above named parties
were on the 21st day of March, 1904,
and are now licensed attorneys at law,
and were regularly practicing attor-
neys before the Superior Courts for
the county of Robson, in said State.
= That as is usual. the Clerk of the
Superior Court for Robson called a
meeting of the members of the bar
at his office on the 21st day of March,
1904, for the purpose of making a
calendar of actions to be tried at the
April Term, 1904, of said Superior
Court which was by law appointed
to be held in the Court House, al
Lumberton, on Monday the 4th day
cf April 1904.
3. That the above named attorneys
attended in person said meeting.
a. That the above named attorneys
then and there wrongfully and un-
lawfully combined and confederated
together to break up said term of said
court and prevent the same from be-
ing held by Judge r. B. PEBBLES, the
Judge assigned h. law to hold said
term of said court, and in order to
carry out this common design and
purpose, agreed among them selves to
continue the contested actions on the
docket of said court.
s. That the reason then and there
assigned for said action was that re-
ports had been received from other
counties in which Judge PEBBLES had
held court of his discourtesv to coun-
sci. unfairness and partialit-- nota-
Bile instance being the Haywood case.
g. That on or about March 31st,
1904. there appeared in the Charlotte
Daily Observer the following:
"Object to Judge PEBBLES. Robe
son County Lawyers Decline to
Arrange Docket Because of His
Alleged Unfairness."
Especial to The Observer
"Lumberton, March 30.-The Robe
son county bar at meeting called to
fix the calendar the April Term of
the Superior Court, to be held by
Judge PEBBLES, unanimously declined
to arrange the cases, and agreed to
continue the docket. This action was
taken by reason of the reports receiy-
ed from other counties in which this
Judge has held court, of his d1scour-
tesv to counsel unfairness and par
tiality. notable instance being the
HAYWOOD case The lawyers are un-
willing to appear before him in any
capacity. 1t is likely the May term
will also be continued unless IN eN-
change of judges is ordered.
Z. That about the same t:.1le SINH
lar publication appeared in f'ae News
and Observer, of Raleigh, and IN the
Wilmington Messenger.
& That the above named attorneys
caused said publications 20 be inade.