The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-17

L..
m. That one of said respondents, ].
u. Mccormick, stated that j. O. Carr,
Esq, lawyer practicing in Whining
ton, n. c., had stated to him that
Judge PEBBLES had shown great par
TALLY to the plaintiff in the trial of
the case of Rowe V. Cape Fear Lum-
Der Company, tried in Fender Supe-
rior court, and had not made up the
case fairly on the appeal to the Su-
preme Court.
n. That it was stated by one of said
respondents, Stephen Mcintyre. that
he had been informed that Judge
PEBBLES, during the trial of an action
in Lenoir Superior court, had taken an
account book which had been offered
in evidence by one of the counsel, and
thrown 1T contemptuously upon the
floor in the presence of the judy.
o. That respondents were aware that
there had been criticisms in many
newspapers of the manner in which
Judge PEBBLES had tried the Haywood
and other cases, which reflected upon
MS Judicial conduct, to none of which
had either he or any of his friends
made reply, and as to none of which
he had taken any action. The said
reports, taken from said neWspapers
being attached to the answer of n. A.
Mclean, one of the respondents. as
E-AllDlC "A thereto, which is here
by referred to and made a part hereof.
p. That respondents had been relia-
bly, informed that in great number of
appeals taken from Judge PEBBLES
courts to the Supreme court, cxcep-
tons were made in the record as to
expressions of opinion and behavior of
Judge PEBBLES.
q. Other reports affecting the char
acter of Judge PEBBLES had been
heretofore brought to the knowledge
of respondents which he does not I'M
dertake or desire to set forth in de-
tail and at length herein but which he
is prepared to give if commanded by
the court.
That respondents believed the state
ments, reports and publications set
forth in this paragraph to be true, and
1T was upon his belief that they were
true that his actions in the premises
were based. This belief was rein
forced by the fact that notwithstand-
ing the fact that publications continu-
ed to appear in the newspapers from
time to time, respondent has never
heard, nor did he see any publication
in newspaper that Judge PEBBLES.
or any of his friends, had denied these
things.
6. That the allegations of paragraph
six are admitted.
I. That the allegations of paragraph
seven are admitted.
8. That the allegations of parag graph
eight are not true.
8. That the allegations of paragraph
nine are not true except as set out in
the answers of n. A. Mclean and r.
Z. Lawrence, respectively.
10. Answering paragraph ten, this
respondent says that he did not see
fit to disclaim responsibility for said
publications or publish any statement
in respect thereto, because he conceiv-
ed that no duty to do SO devolved upon
him in any way and he denies that
said publications did Judge PEBBLES
any wrong or injury. And further an
swering said paragraph, this respond
ent says that the respondent has kept
silent in respect to this matter because
at said term of said court, the said
Judge PEBBLES refused to hear from
them by their authorized spokesman,
Mr.. n. A. Mclean, and further because
on the same day the said Judge
PEBBLES in his remarks to the bar
stated in conclusion that it was his
purpose to attach the bar for con-
tempt and this without having heard
from them.
II. That the allegations of para
graph eleven are not true. On the
contrary the respondent, j. G.. McCor-
mick had tried a case before said
Judge r. B. PEBBLES as hereinbefore
stated, as we'll as n. A. Mclean and
others of said respondents had been
present at courts over which Judge
PEBBLES had presided.
II. Respondent denies that said at
torneys formed any combination what
ever in respect to trying cases before
Judge PEBBLES, there having been no
discussion or consideration whatever
prior to the meeting of the respond
ents on March 21St in respect to the
trial of their cases; respondent furth-
er denies that it was his purpose or
the purpose of the other respondents,
so far as he knows, or then knew, to
reflect upon the official character of
Judge PEBBLES or to bring him into dis
repute or contempt. but for the rea-
sons set out in this answer. knowing
that from time to time articles had
appeared in the press of this State and
in other States sharply criticising the
official conduct of Judge PEBBLES,
which, said articles, in so far as re-
Spondent has knowledge, were never
replied to by Judge PEBBLES or any
of his friends, copies of said articles
being attached to the answer of n.
A. Mclean as Exhibit A, made
part hereof, and having heard from
in a great number of the appeals
which went up from his courts to the
Supreme Court exceptions We're noted
to the expression of opinion and con-
duct of Judge PEBBLES While on the
bench, in the interest of their clients
they decided not to form a calendar
for the trial of jury causes at that
term of court.
Is. The allegations of paragraph
thirteen are not true, except as such
denial may be explained or modified
by the allegations hereinbefore set out
in this answer.
IA. That the allegations of para
graph fourteen are not true.
10. That the allegations of para
graph fifteen are not true in SO far
as it is alleged that the respondents
made any publication except in so far
as this denial is modified by the an
swers of n. a. Mclean and r. C. Law
renee, respondents. That this respond
ent has no knowledge or Information
sufficient to form a. belief as to Wheth-
er or not said publications were free
Nv circulated in the town of Fayette-
vile.
16. That answering paragraph six
teen. this respondent while he admits
that no calendar was made, alleges