The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-28
SHERIFF McLEOD's AFFIDAVIT.

BY far the most important affidavit,
as to official conduct, filed in the near
ing at Lumberton is the affidavit OF
Sheriff George B. Mcleod. The state
ments attributed to Judge PEBBLES will
startle and shock the bar of the State
as well as the whole public. The por-
ton of Sheriff McLeods affidavit to
| which we allude is as follows:
.That Hon. r. B. PEBBLES arrived in
| the town of Lumberton on the Sea-
board train from Hamlet, n. c., about
1890 a. m. on May 16, 1904. That
upon his arrival at the Hotel Column
bia in said town, Judge PEBBLES re-
ouested 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: L God
/ understand that the bar of Robson
county is going to file irrelevant mat
ter in their answer and affidavits re-
fiecting upon me. If they do so, /
want to know if you can carry out
the mandate and order of the court.
That affiant replied, They can appeal,
can they not, Judge?' To this Judge
PEBBLES replied, BY God, if they file
affidavits rejecting on me an appeal
will not lie and / want to know if you
can carry out the orders of this court.
That to this affiant replied asking the
Judge if he wished him to communi-
cate this to the bar. That thereupon
Judge PEBBLES said that he did. That
then affiant told Judge PEBBLES that
he had already made one afhdaVlt
herein and that he did not like to nave
anything further to say about the mat
20, =
Judge PEBBLES call in one of the re-
spondents' counsel and advise him as
to the course he Judge Peebles)
would pursue in case Such afndaVltS
were filed. That Judge PEBBLES then
requested affiant to ask Hon. Charles
M. Busbee, one of the respondents
counsel to go to his room. That af-
faint complied with said request and
told Mr.. Busbee that the Judge wished
him to come to his room at once, and
as he is informed and believes, Mr..
Busbee thereupon went to the Judges
room at the HOTEL
Here we have testimony that Judge
PEBBLES stated to the sheriff, with an
oath, that if the bar of Robson coun-
ty filed affidavits rejecting upon him,
he would summarily punish the at
torneys and deny them their constitu-
tional right of appeal. But even more
to be condemned than the statement
to the sheriff was the communication
of what was nothing less than a threat
to the men to be tried before him. If
it was not an attempt to deny them
the right, without intimidation, to
present evidence in their defense, for
what purpose did Judge PEBBLES utter
the threat contained in Mr.. Mcleod s
affidavit?
These gentlemen were on trial on a
grave charge, and here we have the
spectacle of the interested judge send
ing them word that if they
file the affidavits which they deem
ed necessary for their defence,
they will be punished 'summarily and
denied the right of appeal. Was any
thing so dictatorial ever before at
tempted by judicial officer since men
became free? Under that threat
many men would have been afraid to
introduce the affidavits. The members
of the Robson bar did not hesitate a
moment, though they felt that the
doors of the Jail were about ready to
open for their reception.
If the matter contained in the affi-
davits is irrelevant, the appellate
court would settle that question, but
it is a new and unheard of thing in
North Carolina for men to be threat
ened with condign punishment if they
present evidence they deem necessary
for their defence. 1t is understood
that the Robson bar accepted the de-
claration of the Judge as a threat
of sending them to Jail if the affidavitS
were presented, and refusing to be in
undated they at once presented
their affidavits. If it was not a
threat and an attempt at intimidation
for what purpose did Judge Peeples
make the statement? The public will
await the explanation of Judge
PEBBLES.