The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-27

Judge PEBBLES, Immediately granted
it. After q few moments, His Honor
said: 81 have ruled upon your mo-
ton and I Will not reconsider it." Your
affiant said that he did not ask him
to reconsider it, and SO said Mr. Pou
who appeared for the plaintiff. Then
said Judge PEBBLES, to your affiant:
II Will tell you why l granted your
motion. 1 granted your {motion be-
cause / do not think the jury brought
in damages sufficient against your
client"
That he has since that time appear
ed in two cases over which His Honor,
Judge PEBBLES, was the presiding
judge, and appeared before him per-
haps once or twice prior to the time
of the Haywood case. That in the
cases other than the said Haywood
case and the said case tried in John
ston county, he does not remember
anything to have occurred except that
which impressed him as being fair,
courteous and proper.
5. That more than once from his
observations, the conduct of Judge
PEBBLES. upon the bench, was not of
that even or judicial temperament
which is a requisite OF a presiding
Judge His feelings, apparently, it un-
consciously, eVidencing themselves
upon the one side or the other.
ROBERT G. STRONG.
Sworn to and subscribed before me
this DIST day of May, 1904.
G. =. DLUSON,
Notary Public.
John Il. Woodarii's Affidavit.
John e. Woodland, being duly sworn,
says:
That he is a citizen and q resident
of the city Of Wilson, State aforesaid
is an attorney ut law and has been
actively engaged in the practice of his
profession for more than twenty-five
years; that he was visited at his home
during last week by one of the re-
spondents who requested him to make
a statement Of matters and things
within his knowledge relevant to the
action of His Honor, r.. 3. PEBBLES.
That atfiant positively declined to vol
unteer any statement relative to the
conduct of Judge PEBBLES because of
his Discrimination to satisfy the wrong
which he conceived he had suffered
at the hands of the said Judge. That
thereafter. and while in attendance
at a regular term of the Superior
Court of Wilson county, and before
the adjournment thereof; attiant was
duly served with q subpoena requiring
him to appear and testify as q wit
ness for respondents in the above en-
titled proceeding at the hearing before
His Honor, Judge PEBBLES, at Cham
bcrs in LumbertOn, n. G., on the
26th day of Ma 1904. That in ODE
dience to said subpoena and only to
save the expense and Inconvenience
of attending to testify in person at
said hearing, the said afliant now sub
mits under oath the following state
ment:
That he was one of the counse! for
the prosecution III the case of the
State against Ernest HAYWOOD which
was tried before Judge r.. e. PEBBLES
at the Fall Term, 1903, of Wake Su-
perior Court. That he took an ac-
tive part in the preparation and trial
of said case and, for what his ex-
periencc and judgment as a lawyer
may be worth, he arrived at the de-
liberate opinion that Judge PEBBLES
was utterly lacking in the judicial
temper.
Aniant had known him for years;
recognized him as q lawyer of ability
as a man of unquestioned courage and
expected 10 see in the court, over
which Judge PEBBLES presided, an able,
fair and lust administration Of the law,
regardless Of the cause OF the parties
thereto Affiant was greatly diSap-
pointed and he then felt and still feels
that what was SO generally regarded
as a miscarriage of justice was due
to the strong bias SO plainly exhibited
from the inception of the trial to its
conclusion by the presiding Judge in
favor of the defendant and his coun-
sci. He believed that this exhibition
of favor toward the defendant aud
his counsel and the unfairness of his
conduct toward counsel for the PROSE
cution was made SO plain by Judge
PEBBLES. that it not only tended 10
humiIiate afiant and his associates as
ATTORNEYS in the eyes of the public
bit greatly to impair influence as at
tornevs nracticing in the courts Of this
state And in this opinion affiant was
by the leading daily pa
nar of the state and several of the
: hIeet democratic Weeklies of the
Stata which in criticising the trial,
eaid thai "Haywood's best lawyer vas
tba nresiding Judge"
Soma of the instances which atiiant
o,,,, plil in support of his opinion
&C 70 tbe IN fairness of the Judge. pre-
Sidi,., at fine trial, are as follows:
rbat the said Judge announced
,,noo bis own motion before the spe- /
cioI Id ,,anirg was drawn, that in this /
c clSsl be would rule that no man called /
w Won he allowed to set upon the