The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-07
Especial to The Messenger.l

Raleigh, n. c., June AT 3 O'Clock
this afternoon the Supreme court room
was packed with people, eager to wit
ness the proceedings in the contempt
cases. All the Lumberton bar save
three were present and all their coun
sci, except John D. Shaw. Deputy
Mcleod had Kerr, Carroll and South
erland, The prisoners, on hand.
Justices Conner, Douglas and Walk
er entered, Justice Conner O
ing that these, his colleagues, would
sit with him.. He asked T. NJ. Argo
and w. H Day if they represented the
state. They replied yes.
Argo read the return and Charles
u. Harris ead Judge PEBBLES original
rule for contempt. Argo said he sup
posed the court would adjudge the
case upon record only.
g. NJ. Busbee for the defendants
said that they did not assent 10 this
proposition, but asked that the record
in the case of n. A. Mclean and 9TH
ers be made a part of the case.
Judge Common said that this was not
embraced in the returns.
Busbee cOntended that the court had
no Jurisdiction of the original proceed
ing upon which this case depends. q
Argo declared it made no difference
whether 1T had jurisdiction or not,
otherwise he courts could not pro-
tect themselves in Investigations where
their jurisdiction might be ousted.
the only question was did the court
below have Jurisdiction to commit
these Persons for contempt.
TilIett for the defense said the au
thorities held that contempt was i'm
possible of a court which has no jur-
lsd1ction of the matter under investi-
CATION. He asked leave to introduce
records in order to present this ques-
ton.
Judge Conner said the record could
be introduced for this purpose.
Busbee began the argument of the
case for h defense. The main fea-
ture of his argument was tina the
Judge sitting upon the matter over
which he has not jurisdiction, is there
in not a court and therefore not sub
ject to contempt. He cited a number
of authorities in support of his posi-
ton, and commended that Judge Pee
bles had no Jurisdiction over the case
of N. A. Mclean and others, for the
reasons that h contempt must arise
in connection with some cause then
pending that this case was instituted
in the wrong county; that Judge Pee
oles had no more power over a case
in Cumberland county uan the clerk
OF Robson county had; that the aft
daY1t faHed to set forth any matter
constituting contempt; that affidavit
as all that gives any court jurisdiction
IN proceedings, as for contempt and
IT being insufficient, there is nothing
before the court. He cited decisions
on TINS point He contended that the
affidavit now is insufficient, because
IT was made pom information and
belief. and that it was a monstrouS
proposition that on such hearsay evil
n a court should judge a man,
prlma fac1e guilty. and MAS further
insufficient because it failed to allege
any matter which, If true, would make
the respondents guilty of contempt;
that there was no statutory provision
making n matter alleged, contempt
in this state. and the common law was
rendered imperative by the legisla-
tive definition of the charge. He then
argued on the right of counsel for the
litigants to continue the cases, in con-
clusion saying h a Judge PEBBLES had
no jurisdiction, because the gravamen
of offenSe is intent, and when the ans
Ter ~disavowed that intent, then the
proceeding was ended.
John ID. Shaw asked for whom Argo
appeared. Argo said for the respon-
dent sheriff and Judge PEBBLES, whose
authority was questioned here.
Q. W. Tllett for the defense said he
found himself in a rare situation. He
confessed to great feeling in the case,
saying he represented some OF his boy
hood friends, and man. with whom he
a been associated in the practice OF
his profession; that it was a shameful
ease. He asked the court to put a
mailed hand upon it and put a stop to
1t. He made a great speech OF nearly
an hours length. He dwelt upon sew
eral absurdities in the case; upon the
reading and considering of the Parke
affidavit which he had written with
his hand, and which was made
ON information furnished by him,
Judge PEBBLES issued his rule: he In
stituted a proceeding in Cumberland
county because the Charlotte Obser-
Yer, published $50 miles away, circu-
lated in Fayetteville, when only this
week the state was filled with the news
that Judge Purnell had assumed the
Power to attach the editor of a paper
within 200 yards of his court, he had
lifted himself by his own bootstraps
and adjudged his own jurisdiction.
He exclaimed dramatically that no
divinity doth hedge about a Judge.
The old fiction that the king is in
court does not obtain in America. The
constitution here provides tina all
courts shall be open for criticism
Lawyers are in best position to criti-
else a judiciary. There was not a law
Yer present who has not continued a