The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-28
ADAY MARKED BY
HOT LEGAL BATTLE
One Result An Agreement to Remove the Hearing
of Rule and Evidence to Judge George
H. Brown, Junior.

| that technical pleas shall be coHsid-
cred as passed on by Judge PEBBLES,
as they already have been, and are
not to be renewed before the substi-
tuted judge, but respondents excep-
tions to Judge PEBBLES overruling
said pleas may be reserved and pass
ed on by the Supreme court.
80. For the further reason that the
counter-proposition looks to a re-
opening of the matter for new evil
/ dence. The court thinks that already
/ too much mud has been thrown by re-
spondents, that has no connection with
anything contained in the affidavit of
]. A. Parker or in the rule to show
| cause.
The Judge on the Affidavits.
'"The court can trace nearly al the
affidavits filed by the respondents to
] the influence of some one who felt
| the heavy though just weight of the
law at the hands of Judge PEBBLES.
! Beginning at Harnett, the court thinks
il can trace the affidavits charging
him with drunkenness to the influence
of the Clerk of the Court, whose ineffi
| cheney was hindrance to the dis
patch of business. Nearly every morn
! ing the court would have to correct
| his minutes of the preceding day and
| several times threaten to fine him,
/ and would have done so but he plead
| ed sickness. Forty-three good men
| who were in attendance upon court
/ have filed affidavftS to the falsity of
| the charge of drunkenness at Lilling-
| ton.
I'm Sampson county / felt it my
duty to put the foreman of the jury in
Jail for thirty days for accepting the
hospitality of the defendant in the
case then on trial and going five miles
in the country and staying with him
all night and then bringing in a ver-
dict for defendant when the court in
structed them twice that the judg
mentS sued on We're valid and to find
for the plaintiff Again at the next
term of the court four men were in
dicted for a secret assault on one
legged man with intent to kill, whose
crime consisted in telling one of the
defendants who was running a blind
tiger that if he did not
sell him less water and more
whiskey he would report him. 1 felt
it my duty to sentence these men to
the penitentiary for eight years each.
The affidavit from Sampson county
charging me with drunkenness came.
| am informed, from the attorneys
and friends, and relations of these
parties and also from. Herring ana
OG' III. the juror and .l"frnd mt whom
| PUT in jail as above stated.
More of His Side.
"The first week l held the John
ston court the Smithfield Herald haG
my picture in il and a very compli-
mentary notice of me. / afterwards
incurred the displeasure of the sheriff
After appealing TO him several times
to keep order / told him that if he
did not keep order l would fine him
800. His son was introduced as q
witness against a negro by the name
of Holden. A question was asked
him and upon objection by the de-
fendant the court ruled the evidence
out. The witness started to answer
it any way and the defendant objected.
and the court told the witness that the
evidence had been ruled out and that
he must not answer it. The witness
again attempted to answer it, and the
court told him that if he answered
the question the court would send
him to Jail These two acts angered
the sheriff who is Il stakeholder in
the Herald company. This explains
the Herald's animoSity.
The Grievance of Cole.
''Mr. Cole, one of the affiants, thinks
he has a grievance against me. He
was defending a man for carrying
concealed weapons, q pistol. When
the State closed its evidence Mr. Cole
said that he would demur to the evil
dence. The court repfled that the
only way to demur to the evidence
was to decline to introduce evidences,
and ask the court to instruct the jury
to return a verdict of not guilty. He
declined to introduce evidence and
the court overruled his demurrer. He
then said he would introduce evidence.
The court told him he would not.
He was too late. He then said that
he had msmanaged his case and ask
ed me for that reason to set aside the
verdict of the jury. This the court
refused to do, but let his client or
with the payment of the costs. He
was very angry. The affidavits from
Johnston charging Inc with drunken
ness. ETC.. came from these parties,
their connections and friends AT
Dublin court q negro was indicted for
perjury. He introduced no evidence.
His lawyer told the jury that admit
ting what the witness SAID TO be true
+. the defendant was not in law guilty.
The court told the jury that ii they
believed the evidence TO lind the de-
fendant guilty. The jury returned
verdict of not guilty, and the court
discharged all twelve of the Jurors
and it made the foreman, Blackmore
very mad, SO much SO that he after
wards wrote me 4 letter, demanding
that an apology be sent the jury,
through him. / hold that the affida-
Wits from Duplin are inspired by those
people.
First Case of A j. Loftin.
Mr.. A. J. Loftin, of Kinston. one of
the affiants, has four grievances
against me. He was one of the coun-
sci for Stanley. Stanley proved the
best character | ever heard proved in