The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-27

rally to the advantage of the defend
ant.
b. The conduct of the Judge in re-
proving counsel for the prosecution
in their endeaVor to discover to the
jury the true character of the wit
nesses, Hocutt and Schmit. who were
the principal witnesses for the de-
Tense.
c. The refusal of His Honor in ruiz
ing that the State could not, after the
defense had closed his case show by
expert medical testimony that it was
the second shot fired that killed the
deceased, this being n most material
matter, and the State having in at
tendance witnesses by whom they'
were prepared to this fact.
d. The ruling of the Judge that the
defense was entitled to the opening
and conclusion in arguing the case
to the jury.
e. The conduct of the Judge in in
terrupting counsel for the prosecution
during their arguments to the jury,
and in singing out the counsel for
the prosecution by name, in his charge
to the jury, and by his manner in
stating that the counsel for the prose-
cution had misstated the law, as ap-
pears by record, which, in atlantis
opinion, minimized any effect of the
arguments of said counsel made to
the jury.
g. The manner of the Judge in con-
graduating the jury upon tthe return
of their verdict.
h. The demeanor, conduct and bear
ing of the Judge during the entire
trial which, while intangible and in
capable Of being express in words,
was, in the opinion of affiant, never
theless Enthusiastically shown to the
q N crn nj -
such an extent that it was the COM
mon comment of many of the by
ISLANDERS and those in attendance upon
the court, that the State could not
hope for q verdict before that Judge.
3. Afiant further says that since the
trial of the case of State V. Haywood,
he has appeared as the attorney for Il
defendant before Judge PEBBLES in the
Superior Court of Johnston county.
That in said case, when the court had
convened after the dinner recess, he
obtained permission from His Honor,
Judge PEBBLES. to recall a witness!
that His Honor, Judge PEBBLES, ap-
peared to be busy with some matter
before him upon his desk just after
the witness had taken his seat in the
witness stand, and the Honorable e.
w. Pou, who appeared for the plain
tiff in said case, remarked to Your af-
fiant, in a humorous wav that he
must not lead his witness, whereup0n
your affiant said to Mr. Pou, also in
humorous way, that he was willing
to receive suggestions from Mr.. Pou,
as to how to conduct an examination
of his, atlantis witness; whereupon
His Honor, Judge PEBBLES, looked up
and said, as your afiiant believes, with
some asperity: You shall not examine
the witness as you please" Your af-
ts1 Inv ia nd
PEBBLES that he had not said he would
examine the witness as he pleased
and told him what he had said, where
upon Judge PEBBLES said: You shall
not examine the witness as you please,
and il you ask him a single leading
question, | will stand him aside. :"
Your afiiant then remarked to the
Judge that he was making a very Sc
riouS matter out of the remark that
had passed in jest between himself
and Mr.. Pou; that no remark had
been addressed to the court, and the
remarks were made while waiting to
go into the examination OF the wit
ness. Judge PEBBLES replied that the
court house was no place for a jest
or a joke, and if your afliant asked
the witness single leading question,
he would stand the witness aside
Your affiant says that to that time in
said case there had been no criticism
made as to leading questions asked
witnesses by him, and no suggestion
made he had been asking leading
question. Your affiant further says
that when the jury brought in a YER
dict in this case, he was sent for,
and the Judge read the issues answer
ed by the jury. which were against
the client of your affiant, awarding a
small verdict for damages against said
client; then, without giving your af-
faint time to consider what he would
desire to do further in this case, His
Honor, Judge PEBBLES, asked him if
he intended to ask for a venire de
novo. Your affiant said that he de-
sired to make no reflection upon the
jury, for they had given the case a
careful consideration, but there were
propositions of law involved in the
case which were decided against him
or his client, and which he would like
for the Supreme Court of North Caro-
lima to pass upon: and that in full
time he would ask to have the proper
entries Of appeal entered of record.
His Honor Judge PEBBLES, then said
that to do this ii would be necessary
for him to move for q venire de novo.
Your afliant then said that he made
that as q motion, and His Honor,