The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-27
Do You Wish Me to Tell
the Bar This?
Continued from Page one.)

CONTINUED from Page One.)
d. Shaw, Jr., read the answer to his
honor's proposition:
North Carolina. Robson county.
Superior court. in the matter Of N. A.
Mclean, and Others"
Reply Of the Respondents.
The respondents answering the
statement made by the court to eoun-
sci for respondents respectfully say:
That the respondents agree with the
court as to the importance of this
proceeding to the people of North
Carolina, and that the matter herein
involved should be correctly adjadi-
the independence OF the judiciary is
in any way involved herein, not
whether the courts of bounty shall
be run by the judge or one of the
Straug lawyers at each court house,
They agree with the court that these
proceedings should be removed to
some other judge and have insisted
upon this course since its institution.
If such removal is just and proper,
respondents submit that they should
not be required 20 make concessions
in consideration of such removal nor
rs q prerequisite thereto should they
be required to surrender any legal
flSnI. Onl t0lS SIOUflQ tEGy 10 not
consider the proposition submitted by
the court a reasonable one. The re-
spondeuts are willing to sign an
agreement that this proceeding, and
I'll matters connected herewith, shall
he forthwith removed before some
other judge of the Superior courts CT
North Carolina to be named by Judge
PEBBLES, such judge 10 take up the
proceeding just as it is now consti-
tuted, and to make such further or
der herein in regard TO the taking OF
testimony and otherwise, as to him
may seem just and proper. respond
ents. in the event this proceeding is
so removed. agree that they will not
make objection in this court or liz
tie Supreme court to the hearing OF
this proceeding by the Judge to whom
the same is removed on account of the
right of the court to so remove the
same
Judge Peehles TO Consider it.
In support of this answer Mr..
Shaw spoke IS fellows:
May it please your honor. If we
are entitled to q removal of thiS pro-
ceeding before another judge, it seems
to US that it should be accorded with
ont requiring us to give up any Of
our legal defences. We have con-
tended throughout this proceeding
that it was improper for your honor
to try it. and if it is improper or
seems best in appearance that your
honor should not try it, then GER
tainly the removal should be made
without these respondents having to
surrender any of their contentious as
Il consideration of such removal. The
respondents are entitled to removai
or not, just as in any other case. L
am glad to see by the expression on
the part of your honor that you
yourself entertain an aversion to try
this proceeding, that you agree with
us in our contention that it had best
he tried before some other Judge a
trial before another judge would GER
tainly have the best effect upon our
state, whatever conclusion is arrived
at in this matter. If We were to rive
up anv of our defences Tor the purDose
of obtaining this removal in view OF
the fact that we believe that we are
entitled to the removal as q matter of
right, we would be false to ourselves
and unjust to our State
Judge PEBBLES said he wanted to
consider carefully this answer of re-
spondents and would therefore adj
journ court until tomorrow at nine
O'Clock.
1t is a case of great learning and
each side is moving with short and
is up the others sleeve. AS some one
remarked on the street, it is expressed
by the negro couplet: Il step so light
an / tread so true, the folks never
spicions bout de razor in my shoe"
Affidavits in support of their con-
tentions were introduced by the law
yers as follows:
Affidavit OF George B. Mcleod.
North Carolina.
In the matter of H. A. Mclean ct ais
Robson Counts:
George b. Mcleod being duly sworn,
says:
1. That he is and has been for some
years sheriff of Robson county. That
in his official capacity since the insti-
tuition of the proceedings as for con
tempt entitled in re n. A. Mclean
and others, it has been necessary for
him, both in Cumberland and Robson