The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-29

(COntlnued. from second rage
Clinton, N. c., for the past six years,
and resident of Sampson county all
my life. l was in constant attendance
Upon the February and May terms OF
Sampson Superior Court, 1908, presld-
ed over by Judge Robert n PeeDles.
i was not in daily attendance upon
said court but was in the immediate
presence of the court during the hear
ing of nearly every cause of any in
terest or importance, tried by said
Judge | often saw Judge PEBBLES
/ 9th off and on the bench, at the hotel
and on the streets of Clinton; and /
saw no act or conduct, and heard no
words on the part of Judge PEBBLES
that. in the least, indicated that he
was under the influence of intoxicat-
ing liquor, drug, or opiate or that he
had at all INDUCED in the use of any
Thing of the kind; and | verify believe
that any impression made upon the
mind of any person that Judge Pee
bles was intoxicated, during said term
Of court, to be erroneous, unWarrant-
ed and without foundation
I heard no rumors among people
attending said courts to the effect that
Judge PEBBLES was drinking or in
toxicated; but soon after the adjourn
ment of said February Term, at which
term T.. S. Herring and S. r.. Odom
Il.
I did hear rumor to the effect that
Judge PEBBLES left the hotel in Clinton
so drunk that he could not walk to
the hack that was waiting for him.
whereas, in truth and in fact, | went
to the hotel just before train time to
see Judge PEBBLES about a business
matter and bid him good bye. l met
him coming out the hotel on his way
to the hack: he stopped and talked
1, me- a few minutes on the hotel YER
anda While the hack was waiting
about thirty yards away; at that time
heeshowed no signs of intoxication
whatever, or that he had been drink
ing, and after finishing his CONVERSE
ton with me, he said good bye, and
walked directly to the hack, in not an,
unusual manner, but little hurriedly,
in order to avoid shower of rain then
falling.
was in the court room when the
case of Kelly, admir-, VS.. Odom was
tried at February term, 1908. and
heard the charge of the court to the
jury and from said instruction, so
given, it must have seemed clear to
any one that the verdict could not be
otherwise than against the defendant
Odum the jury retired and other mat
ters engaged the attention of the court
for at least half an hour, when Judge
PEBBLES remarked that the jury were
staying out a long time; whereupon
Henry E. FaiSon, attorney for the
plaintiff, announced to the court that
he was informed that Mr.. e. S. Her
ring, of the jurors, had spent the
previous night with the defendant
Odum, the case having been called
the jury empanelled, and part of the
evidence introduced the evening be-
fore, and that the defendant Odum
and M. Il. Mathis, another juror, had
been seen together coming out of an
alley in town, on that very morning
before court convened; the court then
called for any proof counsel might
have of these facts, whereupon
Thomas Kelly came to the stand and
testified that Mr.. Herring went home
and spent the night at the home of
the defendant Odum, and came back
to town with him that morning; j. r.
Peterson was called to the stand and
testified that he saw Odum and Mat
this coming out of an alley together
that morning. After hearing this tes-
timony, Judge PEBBLES sent for the
jury and asked if they had reached
verdict, whereupon the said Herring
arose and stated that they had not;
Mr.. Faison remarked, that is Juror
Herring, Your Honor" Judge
PEBBLES then asked if there was any
thing the court could do to aid them,
whereupon Mr.. Mathis arose ap-
We're having trouble with a certain
issue. Mr. Faison said, 'That is Juror
Mathis, Your Honor" Judge PEBBLES
then said to the jury that he had told
them explicitly how to find that is
sue, and repeated his former charge
on the same. No juror had anything
tC. say except Herring and Mathis
The jury then retired and, within fif-
teen minutes, returned their verdict in
favor of the defendant Odum, and R
rectly contrary to the courts instruc-
ton.
The court then remarked that it
looked to him as if the jury had been
influenced in some way; he discharged
them summarily for the term, with "a
few caustic remarks, and held Her.
ring and Mathis to answer a charge
OF contempt. Herring admitted spend
ing the night with Odum, but said the
case was not mentioned. Mathis ad-
mitted going in and coming out Of the
alley with Odum, but avered that he
was the first in a crowd of men. and
some one suggested that they go be-
hind store and look at some
chickens; that it was necessary to pass
through the alley to get to the chick
ems; that he started through the al
ley, and no one followed but Odum,
when finding himself alone in the al
ley with Odum, he remarked to him
that they had better go back, as peo-
pie would say that they were in there
talking about the case; that they inn
mediately turned and came back out
of the alley. Counsel offered to show
the good character of Mathis and
Herring, but the court said it was no
use that there was no man too high
or too low to escape punishment who,
when a juror was in his court, goes
home and spends the night with a
man whose case he is tbot
such conduct as that of Herring. Mat
this and Odum is calculated to poison
the streams of JUSTICE He there
upon judged all three guilty of con-
tempt, flned Mathis twenty dollars
and sentenced Herring and Odum to
Jail for thirty days each Counsel
tried to make an appeal for Herring.
among whom were John d. Kerr and
Il. w. Kerr. the said John d. Kerr he
ing the attorney for the defendant
Cdum, but the Judge said l can see
no excuse for the juror, unless YOU