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

BY way of impeaching the character
| OF Schmitz the counsel for the State
| asked him if he had not had trouble
with a certain woman several years
| ago, objection was made by the coun-
| sci for the defence: during the dis
cuSSlon that ensued upon this objec-
| ton and the objection to the cross
examination Of the witness Hocutt for
the defence, who had also proved a
good character by DR.. l.. p. Sorrell,
r.. Dewitt Smith, j. j. Bernard, Reg
lister of Deeds for Wake county Il. E.
Williams, merchant, Paul Lee, Clee r.
Lee, Tax Lister, n. Il. Broughton and
others, the jury having retired, the
court said:
Here follows the quoted remarks
OF Judge PEBBLES, expressing disap-
probation of the mode of cross eXami-
nation of witnesses for the defence,
saying he did not believe the attacks
made on character were bona fide, and
later his declination to investigate
Baltimore and Southern Pines scan
dal, fully published at the time of the
Haywood Skinner trial Col. ArgO
quotes at length from the stenOgraphic
report of the various points at issue
between the court and the counsel for
the Defense Col. ArgO states that in
his opinion the court ruled in accord
ance with the law approved by the
Supreme Court of North Carolina
V hen he excluded testimony which
appeared to be offered only to dis
grace and humiliate the witness. Here
follows the discussion at the time
when the State closed, and when the
defense closed this concerning the in
PRODUCTION of expert witnesses, the
stenographic report of this being in
c0rporated in Col. Argos affidavit, the
introduction of such expert witnesses
being denied by Judge PEBBLES, who
| had stated he would allow nothing
but rebuttal evidence on rebuttal. Col.
ArgO refers to other instances in
which he states that Judge PEBBLES
insisted upon the strict observance of
the law, narrating events occurring
| curing the speeches of Mr.. j. n. Hold
| ing, Mr. w. N Jones, and the afliant
who were spoken to by Judge PEBBLES
III reference to not continuing the line
Of argument upon which they haQ
started, in all Of which instances Col.
Argo holds that Judge PEBBLES was in
| the right and counsel in the wrong
saying for himself NOR did counsel re-
| gard the action of Judge PEBBLES as
| C!scourteous but simply as evincing a
desire and purpose to have the pro,
! ceedingS of the court conform to the
! regulations prescribed by law" Con-,
| tinuing the affiant says]:
/ hat this affiant has been thus par.
| ticular in citing instances and giving
! facts in detail as to the proceedings in
| the Haywood case, because of the err
! roneouS impressions in regard to the
| conduct of that trial
| That this afiiant has tried other
J cases both civil and criminal before
| Judge PEBBLES and in every instance
as appeared to affiant. he showed him
, self to be q. lawyer able. accurate,
| strict observer of legal principles inn
partial and just and reckless of the
effect of an enforcement of the law
| upon popular opinion. That this af-
| faint has personally known judge Pee
| bles from boyhood, having been his
| claSSmate at the University at Chapel
Hill. and his impressions then re-.
ceived, as to the character of the man
! have not changed to this day, but he
| continues to regard him as brave,
| honest, able, thorough and accurate
| in mis- learning, impartial in his judg-
ments and satisfied with nothing short
of a demonstration, if the subject be
| capable of such proof. He was tenn
| perate then, this afiiant believes him
| strictly temperate now.
It. NJ. ARGO.
| Affidavit of George Mitchiner.
George Mitchiner being duly sworn
| saws:
! That affiant was one of the Special
venire in the Haywood case, and while
| the jury was being selected, and be-
| fore atlantis name had been called
! affiant and Mr.. John II. Rand were
/ standing near Forts store, on West
Martin street talking together when
Mr.. j. Walter Wyatt came UP and
| said: How about the Haywood
case artiant replied: Il don't know
| The said Wyatt stated: at was a
| cowardly iact and he ought to be
| hung" Affiant replied: Hold on,
! don't know about that. the law has
| got the case and every man ought to
have a fair trial" Mr.. Wyatt said
| Haywood shot him in the back, and
you will see what the jury will do to
him. Affiant replied, 1.-THE doctor
who examined him did not say he was
shot in the back, but in the side, and
we Will see what the jury will do
That afiiant was in the court room
when Judge PEBBLES sent for Mr..
Wyatt, and heard Mr.. Pou announce
in open court, that Capt. H. j. Heilig
| was the man who had notified Colon
ell ,Argo that the said Wyatt had been
| talking to the jurors, Whereupon
| Judge PEBBLES sent the sheriff to
| Bring Captain Fl silig in court; that
Judge PEBBLES questioned Mr. Wyatt
| about the matter, when Mr. Wyatt de-
MED that he had discussed the case
| with any of the jurors, except his
brothar-in-law (not affidnt nor said
| Randi who had been excused there
upon Judge PEBBLES stated he was
willing 20 drop the matter, when some
one said it ought to be investigated.
About this time, Captain Heilig came
| into court and Judge PEBBLES asked
Mr.. Wyatt if he wanted the matter in
| vestigated and Mr.. Wyatt told him
| that he did not, and thereupon Judge
PEBBLES told Mr.. Myatt that he could
retire.
| That at the time OF said Myatt S
| talking to affiant this affiant was on
1.-THE special venire, but his name had
not yet been called and the selection
of the trial jury had not been COM
| pleted GEO. MITCHINER.
Subscribed and sworn to before me
| this 9th day of May, 1904.
| ROBERT r. BOYD, Notary Public.
Robert II. Rand's Affidavit.
| John r. Rand, being. duly sworn,
saws:
That he has read the affidavit of
| George Mitchiner, hereto attached;
| that afIiant and said Mitchiner were