The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-17
Leads all North Carolina Daies i'm News and Circulation

did not wish to file and affidavits
which were directly pertained to the
issues which the judge might find
arose when the pleadings that the re-
spondents considered that they had
not made any direct attack upon
Judge PEBBLES either as a judge or
as man. Judge PEBBLES replied that
he had called for certain specific
charges in the matter of his conduct
of the Haywood case, and stated that
if the integrity and uprightness of the
court were to be attacked by vague
and indirect unspeakable things the
foundations of liberty wuId be shaken,
that members of the bar We're the
last who ought to bring such charges;
that if they are permitted any man
may be ruined by any lawyer who
happens to lose a case. Judge PEBBLES
here stated that a certain lawyer VINO
had lost case in Lenoir had filed an
affidavit stating that he was lacking
in judicial temperament. He said
that this lawyer made that statement
in the Supreme Court, but that his de-
cision was confidmed per curiam as
that he had been TO do that when he
appeared in the Supreme Court the
lawyer making the charge was SO
drunk as scarcely TO be able to stand.
The affidavits were then filed.
Affidavit of w. j. Peele, Esq.
w. j. Peele, being duly sworn. says:
l. That he is now and has Deen for
the past % years a practicing attor-
ney in Wake County, n. c., residing
in the city of Raleigh.
2. That he has on several occasions,
i'm the capacity, tried cases before Hon.
r. B. PEBBLES, Judge of the Superior
courts, and has had occasion TO OBJ
serve and has observed his conduct
and bearing in the trial of causes.
That from his own observation and
the statements made by other attor-
neys to him. this affiant is of the opin-
ion that said Judge PEBBLES frequently
manifests a lack of judicial tempera-
ment in the trial of causes before him.
8. That on account of said lack of
judicial temperament said Judge
PEBBLES appears to take one side or
the other in cases on trial before him.
That he some times appears unneces-
sarily harsh in his treatment of coun-
sci engaged in their performance OF
their duties.
f. That this affiant is not unfriendly
to Judge PEBBLES and has no interest
in this controversy. but makes this af-
fidavit only because he has been sub
poenaed by respondents to attend the
hearing in Fayetteville.
W. j. PEELE.
Sworn to and subscribed before me
this the 18th day of May, 1904.
w. NJ. RUSS, G. S. c.
Affidavit of w. w. Clark, Esq.
w. W. Clark. being duly sworn.
says:
That he is practicing attorney and
has appeared in cases tried before the
Honorable r. b. PEBBLES. one of the
~, in ~
State of North Carolina, which cases
were tried in the county OF Lenoir.
Affiant remembers some time during
the Spring of 1908, that in one of the
cases, to-wit: Howard VS.. Western
Union Telegraph Company Gin which
case affiant represented the defend
anti, while affiant was engaged in the
cross-examination of one of the wit
nesses introduced by the plaintiff, His
Honor Judge PEBBLES would say TO the
witness: Hold on minute until l
can get your answer down; the plain
tiff may wish to object" Whereupon,
the plaintiffs attorneys would OBJ
ject and the objections were sustained
by His Honor Judge Peebles; that
later during the cross s-examination of
said witness His Honor on one or two
occasions stated to the witness to
"hold on and would write the answer:
and without any objection being made
by plaintiffs counsel, would announce
himself: objection by plaintiff; obJec-
ton sustained.
That affiant has known His Honor
Judge PEBBLES for many years, and
has the greatest respect for his legal
attainments and his personal integrl-
ty. and that while affiant thought at
the time of said trial that His Honor S
course with reference to said examina-
ton was not altogether proper, yet
affiant attributed it to the fact that
His Honor while a practicing lawyer
had been extremely aggressive in the
trial of his own cause. into the trial
of which as affiant knew from obser-
vation in the Supreme court and from
information as to his conduct OF his
cases in the lower courts, he entered
with all his zeal and energy.
That atlantis conclusion, from His
Honor's conduct and his reputation
/ prior to his election as Judge was, that
he was lacking in judicial tempera-
ment and that the fact that had en-
tered upon the bench late in life had
made it extremely difficult for him
| insensiblv not to manifest to some ex-
! tent the partisanship of a practicins
| lawyer.
w. w. CLARK.
Sworn to and subscribed before me
this 18th day of May, 1904.
TSeaLl ROBERT r. BOYD.
Notary Public.
Affidavit of l.. +. Purvis.
North Carolina-Sampson County.
L. f. Purvis, being duly sworn. says
that he remembers the term of court
which Judge r. b. PEBBLES held in
Clinton. \. c., in the month of Feb
ruary, 1903.
That at that time this affiant was
Marshal for the town of Clinton, y.
C. and saw and talked with great
many people attending said court
That affiant heard a great many
people attending said court say that
Judge PEBBLES was very much under
the influence of whiskey while he was
holding said court.
That il was the common talk OF the
people attending said court that the
said Judge PEBBLES was very much
under the influence Of whiskey while
holding said court at Clinton. y. =.
l.. r. PURVIS.
Sworn to and subscribed before me
this 10th day of May, 1904.