The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04
Peace Declared in Robson
Case.
Continued from fourth pageO

ing information. If there is visual or
oral proof at hand, then there must be
and affidavit, and the court receives it
as sufficient.
They say the court had no jurisdic-
ton in this case, but have said neces-
sarily the court did have jurisdiction
in the main case. In this case, in &C
cordance with the authorities, your
honors will be convinced of the facts.
Direct contempt can occur only in
the presence of the court. But one
who disturbs re good order of the
court. But one who disturbs the good
order of the court and impedes the
progress of the court is in contempt.
| But IN this case tnere is the more de-
| liberate contempt. The papers were
| intended to be read in the presence,
but more than that, it is published in
te presence of the court in Pursuance
OF the authority of the court. Words
are evanescent and pass away, but
/ this is a more criminal and punishable
crime 1t is a record perpetuated. we
are bound to accept the alidavits filed
| in his court to be true because the
court requires it. But the judge says
you have placed stigma on my name
that will go down in tradition. There
| could be no contempt more criminal
| than to put in an affidavit gratuitously
| and pat in the records of the court.
There will be no question about the
character of the affidavits.'
Mr.. John ID. Shaw Speaks.
! Col. Argo was followed by Mr.. John
| d. Shaw, who spoke for the prisoners.
making an able and Jealous plea for
| their release and going into discus
sion of the merits of the case. He
grew quite energetic at one Tune, ana
! Judge Conner requested that he leave
| that line of argument and discuss the
| legal phases of the case.
In opening Mr.. Shaw said he had
| no criticism to make on the coun-
| sci of Judge PEBBLES, though he seems
! to misconceive his position in the
| case when he comes to defend Judge
PEBBLES. I'm not here to attack MIN.
| He has gone outside the record in
saving that the respondents here are
! lily advised.
The only question that is here
| is whether or not Judge Pee
| bles rendered legal judgment. |
want to call attention to some facts
about this In the original it is head
ed North Carolina, Northampton
county, and the rule is headed North
Carolina, Cumberland county 1t could
not have been regarded by Judge Pee
bles as a hearing at terms, and he
makes it out of terms. We contend
that this other proceeding was vain,
because a Judge outside OF court can
not punish as for contempt, unless eX-
pressly authorized by law. There is
no law in North Carolina which. says
these matters may be heard out OF
terms When this case was moved 1t
was not as stated by the counsel, but
after the lack of territorial jurisdiction
had been overruled. We make another
motion in which we demand a change
of venue, and that it should go toI
Robson county, and he got blue and
hot and white about it. On the 10Th
it was ordered that the respondents
have time to mail their affidavits to
lnm at his home in Davidson county,
where they were received by him. But
before an affidavit was filed in this
case, and this appears in the record
after having filed the answer of the
RESPONDENTS, We demanded of Judge
PEBBLES that he state the issues, and he
refused, but afterward confusedly stat
ed that it was PROBABLY the clerks
duty. and after that he said that drunk
enness was an issue This has been a
peculiar trial the petitioners have had
in the court below. Unknown, unheard
and unseen prosecuted for criminal
offense. but more than that, adJudged
guilty without notice or hearing. Upon
the recita. "A the order itself Judge
PEBBLES introduced the afiidayits In the
original matter without being given an
opportunity of being heard or tried by
he court and the first they knew OF
the order they were prisoners. Iney
were convicted in the midst OF the
trial of the question that was at ISSUE
ne had told us that ii we had afiidavits
to introduce them now. And yet on
the 18th of May Judge PEBBLES stops
upon the question and renders Judg-
ment that he was sober and that the
respondents were untrue. This ques-
| ton is now open and is to be decided
| upon the 14th day of June. He said
My drunkenness is an issue in this
| case and the first man that sWears
on our side he serves order that he be
put in jail. Counsel says we have act