The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-27
WHAT THE JUDGE SAID
"3Y God, if They File Affldvits Reflect
ing on Me an Appeal Will Not Lie
and Want to Know if You Can
Garry Out the Orders of This Court 2
This Drew From the Sheriff the
Question Noted.


Lumberton, n. c., May 26.-The
town here was full of people long be-
fore the hour for court. Lawyers
from varic US points preachers, poll
tcians and ladies crowded into the
court room when the time arrived.
None of the respondents spoke to
Judge PEBBLES, except B. f. Mclean,
of Maxton, when court was called
to order. Amid breathless stiffness
Judge PEBBLES read the following
statement to the reporters of the
press:
THE law allows court proceedings
to be reported and published correct
ly. Some of the reports sent out
from here on May 10th, did me in
justice by reporting a part OF what
/ said and leaving out Q part.
said it would not do to get a judge
connected with the Haywood case
one who was candidate for Office,
for it would not be fair to him 10
drag him into this controversy. All
after the word Office was left out and
forthwith some of the papers charged
me with rejecting on some of the
other judges. In trying to select
Judge to take my place I first thought
of Judge Henry K. Bryan, and it i'm
mediately occurred to me that he
had refused to try the Haywood case
and would not want to take my place.
| then thought of Judges Brown and
Hoke, both of whom had been OH
the bench long time and were well
known to me- i also thought OF
Judge Justice. who had not been on
the bench long. but whom | have
known well. 1t at once occurred to
me that it would not be right To ask
either Judge Hoke or Judge Justice
TO become connected with this con-
troversy. Whatever these partial re-
ports NAV have made on the public
/ feel assured that my relations with
all four Of said judges have been
such as to satisfy that ] did not in
TEND to imply that anything would
influence them in the discharge or
their duty except the desire to do
right
After this statement was handed out
and while the situation was one of
great suspense Attorney Spell, of Red
Strings. rose and moved to consoli-
date two cases against The Seaboard,
one for killing mule. another for
setting the woods afire. John d.
objected TO The motion, because he
had not seen the COMPLAINTS Mr..
SoeH said he had the complaint In
his rocket and Mr.. Shaw said that
was not the proper place to file pa
pcrs, wheredpon drunken man IN
the crowd laughed and exclaimed;
That's the correct law.
This incident somewhat relieved the
strain.
Judge PEBBLES then said he had
statement to make 10 the respondents
i'm view of their motion to remove TO
some other Judge, and proceeded TO
read the following:
'tNorth Carolina, Cumberland Coun-
". Superior Court, in the matter OF
y. A. Mclean and others"
Judge PEBBLES Proposition.
'This matter has assumed very
large proportions, has aroused a
widespread interest in the State and
is of the utmost Importance to the
peopIe of North. Carolina. 1t involves
the independence of the judiciary;
whether the courts shall be run by the
iudge or q few strong lawyers at each
court house. II is very important
therefore that the matters involevd
should be correctly and satisfactorily
decided Since l was here last / have
been 10 Raleigh and examined into the
hear the matter, and after talking
with a number of eminent lawyers /
am OF the opinion that no other judge
has the authority to hear and determ-
inc the matters involved. but | have
so much aversion to trying it myself
that I have determined to ask another
Judge to try it, provided each of you
sign the following agreement, to-wit:
In consideration of this proceeding or
contempt matters being referred by
Judge r. Il. PEBBLES to some other
Judge. the facts and the law both to
be passed on by said judge. We
each one of US do hereby agree to
waive all technical objections hereto
fore entered and all the matters in
yolved and to be tried sauarely and
fairly upon their merits and we and
each Of us do hereby promise and
agree to waive the question of juris-
diction before said judge and before
the Supreme court, should the case
go there. The matters involved here
include not only the matters of con-
tempt set out i'm the affidavit of ]. A.
Parker and the rule to show cause but