The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-15
1t Will be Called Monday
at Lumberton
BAR IN HIGH FEATHER
They Believe That Judge PEBBLES is
Weakening, But the Indications
Are That the Case Will
be Fought to
Finish.
Especial to News and observer.)

especial to News ana OBSERVER
Fayetteville, n. c., May 1.-THE
contempt proceedings against the
members of the Lumberton bar were
this afternoon continued to be heard
at Lumberton on Monday next.
The members of the bar are in high
feather, claiming that they have won
a victory in that the judge is weaken
ing. In support of this contention
they cite the fact that in the hearing
today he practically invited them to
make some sort of answer which he
would be justified in considering purg-
ing them of the alleged contempt.
Your correspondent has good rea-
son to believe that some such course
is being contemplated by some of the
counsel for respondents but the prob
ability still is that the matter will be
fought out to a finish. 1t is also said
that Judge PEBBLES has put himself in
an embarrassing condition by having
personal counsel, although he stated
at length that the lawyers appearing
for him did so as advisors and not as
counsel.
At noon the proceedings were called
before Judge PEBBLES sitting at the
court house.
For the respondents appeared G.. W.
Tillett, of Charlotte: G.. M. Busbee, of
Raleigh; Jno. ID. Shaw, Jr., of Laurin-
burg; Jno G.. Shaw and H. Med. Rob-
inson of Fayetteville.
Appearing for Judge PEBBLES as
counsel were Col. G. w. Broadfoot
Geo. NJ. Rose and n. A. Sinclair. of
Fayetteville.
Judge PEBBLES announced that the
hour Tor the return of the rule hav-
ing arrived, he would request Mr.. Rose
to read the affidavit of ]. A. Parker
clerk of the Robson Superior court
upon which the rule was founded.
A special appeal of the respondents
attorneys was then entered to have
TIVE motions upon the affidavit of n. A.
Mclean to the effect that the proceed
ing was void for that the judge was
sitting in Cumberland county at the
time of the alleged contempt by par
ties residing in Robson county; that
the rule was made returnahle in Cum
berland and that the court was with
out jurisdiction. In his argument
Mr.. Tillet depended upon sections 655
and $50 of the Code, which provide
that proceedings as for contempt
which are distinguished from proceed
ings directly for contempt should be
conducted in the same manner and
under the same restrictions as those
governing special proceedings. Special
proceedings should be begun, contin-
ued and ended in the county in which
the parties interested reside.
Mr.. Tillett was arguing this point
and had begun to read the decision in
the case of Mcneil VS.. Hodges SO N.
c. 248, when he was interrupted by
Judge PEBBLES, who stated that he
was of the opinion that the offence
had been committed in Cumberland
county by reason of the publication
~ 81 1a1i <.a
ton the contempt was committed here
and that therefore the court had juris-
diction in Cumberland county; as to
the objection that the proceeding
should be considered as a special pro-
ceeding and ought to be begun, con-
tinued and ended in the county in
which the respondents resided, he
would hear from counsel.
After argument by Mr.. Tillett the
court stated that the proper course
was not motion to dismiss but mo-
ton to remand to Robespn county, in
timating that such a motion would be
granted If made: that the question was
one OF venue and the proper motion
was to remand. He stated that he
would over-rule the motion to dismiss,
but. with the consent of counsel
would consider it as a motion to re-
mand to Robson county.
Counsel TO rthe defense at once de-
clined this eXpedient and it was there
upon ordered that the motion to dis
miss be over-ruled with the statement
that counsel for the respondents had
been given the opportunity to consider
the motion as one to remand and had
declined to avail themselves of such
opportunity. At this point Col. Broad
foot made some observation which
called for the query by Mr.. Tillett as
to whom he Mr.. Rose and Mr.. Sinclair
represented, whereupon tne court an
nounced that the gentlemen repre-
scented him. Counsel for the respond
ents then introduced a motion to re-
move the case to Robson county and
Judge PEBBLES after further argument
stated that he would consider the mo-
ton and give his decision after recess
The Afternoon Session.
At $50 the court reconvened> and
Judge PEBBLES handed down the fol-
lowing decision as to the motion to
remove:
1.-THE court is of the opinion that the
respondents, having declined the of
fer of the court to treat their motion
to dismiss as a motion to remove the
proceedings to Robson county, can
not as a matter of right, blow hot and
cold at the same time, and have there
remove the proceedings And the
court is further of the opinion that
the publication in Cumberland county
of the action of the respondents gives
the court jurisdiction in Cumberland