The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-07
Especial 10 The Messenger.a

- Especial 10 The Messenger.3 g
Raleigh, n. c., June 3.-The habeas
corpus case of Kerr, Switzerland and
Carroll drew a large and distinguished
audience this morning to the Supreme
court Justices Connor, Douglas
and Walker being on the bench.
Attorney Argo opened the states
case or rather that Of Judge PEBBLES,
his opening remarks being great praise
Of the North Carolina judiciary, and
very eloquent, these being made in,
view of Tillett's strong speech for the
respondents yesterday afternoon. Argo
said he appeared formally for the sher-
if Of Robson county, but really for
Judge PEBBLES, and indirectly for the
entire Judiciary of the state. He ar.
gued that the question was not one of
territorial jurisdiction, but of venue,
and that venue is presumed to be cor
rect and the court to have Jurisdiction
unless the defendants file a plea IN
abatement. He contended that Judge
PEBBLES had no authority to dismiss
and therefore treated the motion made
by the respondents at Fayetteville as
an objection to venue and ordered re,
moVal TO Robson. Argo commended
that it was an absurdity to saw that
the court could not protect itself except
in cases where it had Jurisdiction, n
cited cases supporting that position.
He then addressed himself to the pres
ent petition and made the poin that
this court was bound by Judge PEBBLES
finding Of the facts.
Justice Conner interrupted and asked
the question:: rs there any finding
that prisoners were in the presence of
the court?" "a
Argo appeared Somewhat confused
and Judge Common asked further: $"OT
is there any question as to that"
Attorney John D.. Shaw, Jr. said:
Yes, sir. The record shows they were
not present, since the process was is
sued to other counties for them and
since the afidavits were filed in vaca>
ton"
Judge Conner asked: is It the cor.
clusion to be drawn by his court from
the facts or does it appear in the rec-
ord? What we want to know is the
actual fact"
Shaw said that the record showed by
- fNSIllISS, Out tIl6re-- was no QlroCt
finding on that point.
Judge Conner said there must be a
direct finding Of fact before the con-
cIuSion of the hearing -E II.
=Argo then resumed his argument,
saying that the contempt in this case
was worse than one committed in the
actual presence OF the court, because
it was deliberate and was put down in
a permanent FORM =
Judge Conner, said he would like to
hear Argo on this point. as the pet;-
TONERS said these afidavits were IN
esponse to an issue se- -
Argo said yes, but that they Were
false. ~
Judge Conner asked whether Argos
point was that the language was false
or that it was c~ontenptuous.
-Argo said it was false and that the
atlantis were guilty of perjury, as well
as contempt. -
Judge Common then said he would like
to hear Arga.on the necessity for 40
| tice to petitioners.
~Argo replied that cases of direct con-
tempt required 10 notice and he had
! quite a colloquy with Judge Common,
who insisted on having the facts found
as to the presence of the petitioners in
the court at the time Of the alleged
| contempt. 4 ,l
Argo retired to- ask Judge PEBBLES,
| who was in the library adjoining,
| about this matter, and or returning
announced that the prisoners were no,
in court and had no notice. 30 loo
|. AS Argo entered, Judge Douglas had
lasked, the question whether the peti;
TONERS had any. actual notice of the
Eproeeedings against hem.
tfShaw in opening his argument SAID
that Judge PEBBLES had misconceiyed
his position in the case. that he. wa:
not to be prosecutedssors defended
Shaw argued the technfcaf insufficiency
of the affd4Yit and order, the former
being dated IN NorrhAAfpton county
h order having been issued from
Cumberland and the nroper venue be
ing admitted to be Robson. He as
serted that nothing could be heard ou
Of term time, unless authorized by thu
statute and he declared that these aft
davits were mailed to J~udge-Peeble.
ard received by the latter at his honi,
in Northampton. Shaw declared thi
Ito be a very peculiar trial and said:
Unknown, unseen. and .unheard
these petitioners have been condemned
for a criminal offense.. in fact convict,
ed. hours before they knew they wer,
accused. They were convicted in tn,
midst. of the trial of h question at Is
sue, that az to whether the Robesor
+ bar. was in contempt. The case 4.
opened for further. affidavits until
| June 14th, of this issue, but Judgt
PEBBLES has already adjudged that HI