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

counties, to meet and talk with Judge
r. b. PEBBLES.
2 That atiiant has been served with
subpoena on the part of the respond
ents to testify as a witness in said pro-
ceeding. and having understood from
Judge PEBBLES that said proceeding
would be based and heard on affida-
Wits, after the service OF said subpoena
on him and in response to questions
propounded to him on the part of re-
spondents, he with some reluctance,
makes the following statement, viz:
That Hon. Il. b. PEBBLES arrived in
the town of Lumberton on the Sea-
board train from Hamlet, n. c., about
1890 d. m, ON May 16, 1904 That
upon his arrival at the Hotel Columbia
in said town, Judge PEBBLES requested
affiant that he go with him to his
room in said hotel Immediately. That
affiant complied with his request and
they went into the Judges room. That
Immediately after they went into the
room, Judge PEBBLES said: 81 Cod, /
understand that the bar of Robson
county is going to file irrelevant mat
ter in their answer and affidaVits re-
fiecting upon me- Ii they desc, /
want to know if you can carry out the
mandate and order of the court"
That affiant replied, "They can appeal
PEBBLES replied: BY. God, if they file
affidavits rejecting on me an appeal
Will not lie, and I want to know if
you can carry cut the orders of this
COURT To this afiiant replied asking
the Judge il he wished him to COM
municatc this to the bar. That there
upon Judge PEBBLES said that he did.
That then afIiant told PEBBLES that he
had already made one affidavit herein
and that ne dfd not like to have any
thing further to say about the mat
ter, and it was then suggested that
Judge PEBBLES call in one of the re-
Spopdents' counsel and advise him as
TO the course he Judge Peebles)
would pursue in case such afhdavits
were filed. That Judge PEBBLES then
requested affiant to ask Hon. Charles
counsel to go TO his room. That at
faint complied with said request and
told Mr.. Rusbee that the Judge wish
ed him to come to his room at once,
and as ne is informed and believes,
Mr.. Busbee thereupon went to the
Judges room at the hotel.
g. That affiant was in the room of
Judge PEBBLES in Fayetteville on May
14th, 1904, his business there being to
return the order to show cause in this
case That while there Judge PEBBLES
asked a4iant to drink with him, say
ing: Sheriff, / have some French
brandy. The doctor says / have
shingles and advises ne. to drink it,
Afiant declined, saying: Judge, your
medicine might run short To this
Judge PEBBLES replied: mo, | have
plenty Afiant saw two one-half
gallon bottles on the mantel Of Judge
PEBBLES room at Fayetteville.
4. In Lumberton on Monday, May
10th. 1904, afIiant was again in Judge
PEBBLES room as hereinbefore stated
and again Judge PEBBLES invited af-
fant to drink with him. Afiant de-
clined, saying to Judge PEBBLES that
his supply might run short. On this
occasion Judge PEBBLES again replied
that he had quite sufficiency on
hand.
GEO. b. MCLEOD.
Sworn to and subscribed before me
this the goth day of May, 1904.
IRA b. TOWNSEND,
Notary Public.
Affidavit OF Robert c. Strong.
North Carolina.
IN the matter of N. A. Mclean and
others.
Wake County-ss:
Robert G. Strong. being duly sworn,
SAYS: That he is an attorney at law,
residing in the city of Raleigh, N. c..
and that he has been of counsel in
several cases tried before His Honor
Judge Robert E. PEBBLES
/. That he was of counsel for the
State in the case of State V. Ernest
Haywood, tried before Judge PEBBLES
and jury at October Term, 1903. of
the Superior Court of Wake county
That as such counsel, he took an ac-
tive part in the preparation and trial
of said case.
2. That from the conduct, demeanor
and bearing OF Judge PEBBLES upon
SAID trial affiant became impressed that
the said Judge was regarded as being
IN sympathy With the defense by the
jury and those in attendance upon said
triai. AS to said trial, affiant further
says:
q. That Judge PEBBLES of his own
iAollon, announced that no one would
De aiioWed 10 serve upon the jury who
mad formed or expressed an opinion
~ regard 70 the case then to be tried
'Fhat III his opinion the result Of this
ruling was to exclude from the Jury
man citizens Of Wake county who
could otherwise have qualified them |
selves as jurymen under TIE rule laid |
down in such cases by the Supreme
Court. That this ruling was mattel