The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-29
OFF WITH THEN
T0JAIL HECRIES
Men Under the Charge Of Direct Contempt Are Sentenced
by Judge PEBBLES to Thirty Days in the
Prison.

honor to be allowed to speak for Mr.
Herring and Judge PEBBLES replied in
substance that it would do no good
unless affiant could make an affidavit
that the said Herring was an idiot.
Immediately after sending Herring
to Jail court was adjourned for ;he
term, and this affiant went to the
Murphy house to see Judge PEBBLES to
intercede for Herring, and found
Judge PEBBLES in his room packing
his things to leave on the train for
Warsaw, N. c., and when affiant went
in Judge PEBBLES room there on the
mantel were two large water bottles
full of whiskey, which looked like
they would hold d gallon and two
quart bottles with about two drinks
out of one and the other full. Judge
PEBBLES asked me to drink with him
then and there, which request | re-
fused. The bottles of liquor he packed
up with his effects and carried away
with him; that it was the common
talk of the people attending court that
Judge PEBBLES was under the influence
of whiSkey a great part of the time
he was holding court at said term.
Judging from what affiant saw of
Judge PEBBLES, and what | have heard
of his conduct at other places where
he has held court, [ am convinced
that he is very much wanting in judi
cial temperament. From what | saw
of Judge PEBBLES I am satisfied that
it is Impossible for him to try a case
without taking one side or the other
of the case, and is extreme to the
point of a partisan when he takes a
view for either side his charge to the
jury is so one-sided that it is inn
possible for attorneys on the other
side TO get justice.
Sworn t. and subscribed before me
this 18th day of May, 1904.
w. f. SESSIONS, c. S. c.
Judge PEBBLES also stated from the
bench that he would investigate the
! affidavit of Sheriff Geo. =. Mcleod, of
Lumberton, charging him with having
two Navigation bottles of whiskey in
hi sroom at Fayetteville. The judge
instructed the sheriff to proceed at
once to apprehend and imprison
Messrs. Kerr and Carroll. AS these
gentlemen have been attached for di-
rect contempt of court, no appeal lies
and the question of their guilt or limo
cence can be tried only through
habeas corpus proceedings.
An Immense Sensation.
The sensation at Lumberton is i'm
mense. No one seems to know where
he stands. There is evidence both of
anxiety and great anger on the part of
all directly concerned in the proceed
ings.
AS set out in detail below the pro-
ceedingS in the contempt case in re
Mclean and others were apparently
moving on to a clear conclusion this
n nd ,r
the mine that he had prepared He
had just finished the filing of his af-
fidavit when the bull dog spirit that
he has been hiding for the last two
weeks behind q mask of seeming
jovialfty and indifference asserted it.
self grimly in a statement which he
used from the bench and which pre-
pared the small crowd for the sensa-
ton that followed so quickly. All of
the counsel for the respondents had
thought to leave by the afternoon train
and there was the hurried
hustle preparatory to signing the
order of removal and getting away in
time when Judge PEBBLES began to
speak All day he had been in the
best of humor and the change in his
voice that vehemence of his ennun-
citation showed the coming storm of
his attack.
In Tones Clear and Bitter
In clear and bitter tones he de-
nounced the affidavits which had been
filed by the respondents as being for
the most part wholesale charges OF
drunkenness, which were based on
hearsay evidence, and which he con-
sidered immaterial and not respon-
sive to the rule. He therefore thought
that atlantis could not be punished for
perjury nor for contempt, the mat
ters being hearsay. He went on to
say however that there were severa,
exceptions among the affidavits, which
perported TO state facts within the ac-
tual knowledge of the atlantis, which
the court knew to be utterly false.
In this class he placed the affidavit
of Sheriff Mcleod and added that he
did not have the affidavits ut hand
to rebut it, but he would investigate
and get them. The other two cases
were disproved, both by his own
senses and by numerous affidavits in
his possession.
The AfIidavits.
1t will be remembered that the afn-
davit of Mr.. Kerr charged the Judge
with being drunk at Clinton, and that
of Mr.. Carroll with being intoxicated
in the orion house at Wilmington
and on the train. Judge PEBBLES read
these two affidavits and the affidayits
which he had to rebut them. and then
made the order in each case separ-
ately as above.
AS the words Thirty days in the
Robson county Jail and a fine of
$3.50" came from the bench. the crowd
gasped there was scarcely 4 move
ment for a moment. Then C. w. Til
lett, John D. Shaw, Jr., and Charles
M. Busbee wore on their feet in pro-
test. The judge was. however, ada
ment. He had the look of thorough