The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-05-31
Especial to The Messenger }


Lumberton, N. c., May es-Court
convened again this morning at 10 o.
clock. 1t was ordered that the clerk
make an entry on his docket that all
affidavits, mailed or expressed TO
Judge PEBBLES, be marked "filed~as OF
May 21st." Judge PEBBLES said that
he purposed to ask Judge Geo. II.
Brown to rule that respondents were
In contempt in open court for filing
such affidavits.
The affidavits should be SO marked.
counsel said, because the action of
mailing or expressing them was in pur-
suance of the agreement and accord
ing to the instruction of Judge Pee
bles, and in the time limit imposed by
him for said filing.
The court ruled that affidavits were
not produced in evidence until Thurs
day the 26th, though in possession Prior
to that time.
Mr.: Busbee held that the aridavits
| mailed or expressed, were at that time
filed in accordance with the agreement
and suggestion OF Judge PEBBLES. and
the order of court therein made
Judge PEBBLES held that although in
MS possession, said affidavits were not
opened until the 2Sth, during the ses-
| the presence OF John d. Shaw, clerk
/ OF court, w. III. Humphrey and him
self, the former two being present by
request. Judge PEBBLES said that they
were brought to the court in a basket
[ and were handed by the court to tn.
(; counsel, and IL counsel so desired,
he would rule that they were not now
in court, unless it should be assented
, TO that they were in court on Thurs
/ day. After much argument on both
| sides, the judge ordered the following
| entry to be made: These affidavits,
| all mailed to r. b. PEBBLES on or be-
! fore the 21st Of May, 1904, and two
: packages received at Jackson, and one
forwarded back by registered letter.
| were opened Tuesday night, May Ath,
| at the Judges room I'm Lumperton, an
! the presence of John d. Shaw, coun-
| sci for respondents, w. II. Humphrey,
| clerk OF the court and Judge PEBBLES.
| the former two being present by re-
| quest. Then Thursday, Nay 2Sth, the
Judge brought the said affidavits into
| court with other Papers and the case
was called and the judge asked res
| pondents IL they had any more afYi-
davits or evidence to offer. They re-
| piled that they had given the judge all
additional affidavits. The court hand
| ed them some affidavits and asked IL
| they were properly authenticated,
without certificates attached. AZ
| fidayits were not actually read in
| open court. but were published I'm the
Papers Friday morning and the court
| did not furnish copy. The respondents
objected and filed an exception. and the
| judge passing on same shall consider
/ the said objection The affidavfts last
received from Raleigh and the two
first packages Of afffdavits respon-
Il - - Ia -
| well as all other affidavits. The court
| however, held that affidavfts were filed
| at Lumberton court house on the day
| set for trial. which was Thursday,
May 2sth.'
| To these rulings the respondents
objected. Each objection was over-rui-
| ed and the respondents excepted. The
respondents also objected to the recital
Of the ruling On law and facts. as in
corporated in the minutes. The res
| pondents objected to the oral examina-
ton of Mr.. c. 3. Skipper deputy
clerk on the ground that he has not
1 declined to give an affidavit.
The court finds IL a fact that he has
not only not refused. but hasn't been
/ asked. The objection over-ruied and
| the respondents except.
The respondents argued that should
the case be referred TO another Judge.
| that judge Peebies should not be al
| llowed TO hear the affidavit OF Mr..
| Skipper.
Mr.. Skipper being sworn. said In sub
| stance that he was present at the
| meeting Of the Robescn bar, called
| for the purpose Of forming a calendar
for the spring term Of Robeson supe-
| rior court. That part OF the said time
he was in the vault OF the clerks Of
fee and did not hear all OF the said
conversation in regard to forming a
calendar. but he heard part OF II. Mr..
Il. c. Lawrence. he said. moved to con-
tinue the docket. Col. N. A Mclean
said something about a misunderstand-
ing with Judge PEBBLES In an adjoining
Continued on Page Five.