The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-27
Wpra filad
Il. Il. Cooner,s Affidavit.

LioI POSSeSS judicial temperament ana
lor mat reason is unified TOT the du-
Ties OF the office which he now holds.
That in nearly every important case
coming up before him he seems to
take one side or the other, SO much
SO that 1T is a matter of common re-
mark among the lawyers attending on
the court. This is indicated in the trial
OF causes before him in which aft1ant
appeared as counsel, and IN other
causes which affiant has seen tried be-
fore him, but in which this affiant
was not OF counsel, among other ways
IN these: l. That after having taken
ms stand for a particular llt!gant he
would, Tor him, suggest objections
which had not been raised by the
counsel for said litigant; q He would
also suggest for them certain proceed
ure, and advance in their behalf legal
propositions, which, in the opinion of
atnant, mad never occurred TO them,
ana most certainly which they had
never advanced till so suggested by
Judge PEBBLES. g. He would make for
the litigant for whom he showed his
bias, objections, which had never
been made by counsel for said litigant,
frequently saying: plaintiff Cor defen-
dant. as the case might be) objects
objection sustained" when no such
That in his charge to the jury his bias
and partisanship was so clearly man
ifested by his words and manner as
that in the opinion of affant, it would
IN almost every instance be known to
the jury how he wished them to find
on the issues submitted to them.
That during the term of the Supe-
rior court for the county of Sampson.
in February, 1903, affant saw Judge
PEBBLES drinking intoxicants on sew
eral occasions, and from his appear
ance and manner both on and off the
bench, in the opinion of affiant, he
continued the use of intoxicants dur
ing the entire term of said court.
That during the entire term afore-
said, it was a matter of common no
toriety that Judge PEBBLES was drink
ing intoxicating liquors.
That affiant had occasion several
times during said term to go into the
room of Judge PEBBLES, and on such
occasions he saw in full view bottles
apparently containing whiskey, with
spoons, glasses, etc, and that Judge
PEBBLES invited those present to join
him in drinking: that affiant declined.
and he saw number of others par
ticipating with him.
Mr.. ID. II. Wooten, Sheriff Lenoir
county, 1908, sWears that it was
general expression of opinion among
SuitorS and others who were in
attendance on said terms of Lemon
court held by Judge PEBBLES, that he
was not a judicial man, and was q
biased judge. taking sides on almost
every case that was tried before him"
This seemed to be the general opinion
tho lawyers and others
H. +. Anderson, Deputy Sheriff OF
L fcl1s or ~ atse, of FRO,
what he saw of Judge PEBBLES hold
ing court in Harnett county, 1.-THE
witnesses, suitors and lawyers that
said affant is of the opinion that the
said judge was inclined to be par
tial and has not got that judicial tenn
permanent that a judge should have
While on the bench"
Mr.. l.. r. Varser and j. r. Cowper,
lawyers of Kinston, swear that at Lee
noir county court. Judge PEBBLES APP
peared ito take either one side or the
other in nearly every case that ap-
peared before him. and that he lacked
in judicial temperament that this was
not due to any corrupt motive. but
rather to the nature of the man"
Mr. J. l.. Stewart, OF Sampson coun-
ty, q rracticing attorney for more
than forty years, makes affidavit that
Judge PEBBLES is wanting in judicial
and that he was often
times harsh, rude and discourteous ito
of the bar. suitors and wit
nesses, disposed, perhaps in spite of
TO take one side or the other
i'm almost every matter coming before
him. This was so apparent as to leave
upon the minds of the jurors a clear
as to how the cases in
opinion of the judge ought to be de-
cided; that it was a common talk in
town that Judge PEBBLES, while hold
ing court in Sampson county, was
more or less under the influence of in
toXicants.
Mr. j. B. Cox. of Duplin county,
was in Warsaw in February, and
Judge PEBBLES stopped there on his re-
turn from Clinton that Mr.. A. II.
Herring said that Judge PEBBLES was
drunk.
Mr.. f. H. Brooks, lawyer of Smith
field makes affidavit that Judge
PEBBLES Showed to some extent par
TALLY in favor of one of the parties
before him, and that in certain in
stances that Judge PEBBLES seemingly
showed a lack of judicial tempera-
ment Affiant further states that
Judge PEBBLES at times seemed 1rrlt-
able.
Mr.. NJ f. Hobbs. of Warsaw testi-
fes that MIR. A. II. Herring, man OF
high character, told him in February
that he had seen liquor in the room
of Judge PEBBLES the evening before,
and that Judge PEBBLES was drunk.
Mr.. Curtis M. Muse, Harnett
lawyer, swears that from what he saw
and heard at Harnett. that Judge
PEBBLES lacked judicial temperament
and was inclined to be partisan.
Mr.. John A. Gavin, Esq, member OF
the Duplin county bar, formed the
opinion that it was easy to snow
which side of the case his feeling was
on, but he did not possess the judicial
temperament.
Mr.. E. M. Land, lawyer OF hlnston,
swears that Judge PEBBLES appeared
to take one side or the other or every
case that was before him, and that ne
is lacking in judicial temperament
Senator Godwin's Affidavit.
That he is a practicing attorney,
residing at Dunn, Harnett county ana
that in obedience to subpoena IN the
above cause he makes this afldaVlt
That he was in attendance upon the
September and November terms 1913
of the Superior court of Harnett coun-
ty, which was held by Hon. II. b.
PEBBLES, and was also in attendance
upon a portion of the May, term l9o4,
of the Superior court of CumperIahd