The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-05-31
Especial to The Messenger.)

Lumberton, N. c., May 26.-Court
met Thursday morning promptly at
IL o'clock, with Judge PEBBLES on the
bench. The respondents were repre-
scented by Messrs. Tillett, Busbee,
Spense, Shaw & Shaw and Robinson.
Judge PEBBLES announced that the
time had arrived for the trial of the
contempt case, but stated that before
entering on the case, he wished to
make this statement:
ITO reporters for the press: The
law allows court proceedings to be
reported and published correctly.
Some of the reports sent out from
here on May 16 did injustice, by re-
porting a part of what / a n
leaving out a part. 1 sale it would
not do to get a judge connected with
the Haywood case or one who was a
candidate for office, for it would not
be fair to drag him into this contro-
yersy. All after the word office was
left out, and forthwith some of the
papers charged me wish rejecting
on some of the judges. In trying to
select a judge to take my place, I
first thought of Judge Henry R. Bry-
an, an dit Immediately occurred to
me tina he had refused to try the
Haywood case, n would not want
to take my place. / then thought of
Judges Brown and Hoke, both of
whom had been on the bench a long
time and well known to me. 1 also
thought of Judge Justice. who a
not been on the bench long, but /
have known we'll. It at once oc-
CURED hat it would not be right to
ask either Judge Hoke or Judge JUS
tive to become connected with this
controversy Whatever impression
these reports have made on the pub
lie. l feel assured that my relations
with all four of said judges have been
such as to satisfy me 1 did not intend
to imply that anything would influ-
ence them in the discharge OF their
duty, except the desire to do right"
Judge PEBBLES then said that after
due deliberation he had decided to
transmit to h defendants the fol
lowing condition on which he would
consent to a removal:
Cumberland Count Superior
court. In the matter Of n. A. Nc
Lean and others; contempt proceed
ings. Statement made by the u
to the counse for the respondents,
May 20, 1904.
This matter has assumed very
large proportions; has aroused a
widespread interest in the state, and
is of the utmost Importance to the
people of North Carolina 1t in
wolves the independence of the judi
ciary. whether the courts shall be
run by the judge or a few strong
lawyers in each court house 1t is
very important, therefore, that the
matters involved should be correctly
and satisfactorily decided. Since 1
was here last, I have been to Ra-
leigh and examined into the question
90 pAffs-r nnnfhn~ 1r1I Oro- 70 hoar tho
matter, and after talking with a num-
Der of eminent lawyers, I am of the
opinion that no other judge has au-
thority to hear and determine the
matters involved, but I have so much
aversion to irving it myself that /
have determined to ask another
judge TO try it, provided each of you
sign the following agreement. to wit:
In consideration Of this pro-
ceeding of contempt matters being
referred by Judge r. B.. PEBBLES to
some other judge. the facts and the
law both TO be passed on by said
Judge, we and each of us do hereby
agree to waive all technical objec-
tons heretofore entered n that all
the matter involved be tried squarely
and fairly upon their merits and we,
each one of us. do hereby promise
and agree to waive the question of
Jurisdiction before said judge and be-
fore the Supreme court, should the
case go there. The matters involved
here include not only matters of con-
tempt set out in the affidavit of j. A.
Parker and the rule to show cause,
but all such charges of direct con-
tempt or contempt in the presence
of the court. referred to by Judge r.
b. PEBBLES, by reason of the answers
and afidavits filed in his proceed
ings. The taking Of evidence is to
be completed by Judge PEBBLES, and
then the matters to be turned over to
the judge selected by Judge PEBBLES,
to be heard and determined by him
Just as though Judge PEBBLES was
trying the matter
n respondents asked time to con-
slider the offer made by the court and
to file their reply thereto in writing.
Their request being allowed. court
adjourned until 8 o'clock.
Court was again convened at 3
o'clock .. m. Mr.. John d. Shaw read
the reply of respondents to the offer
OF Judge PEBBLES, to remove the
cause before some other judge. 1t
reads as follows:
That the respondents agree with
the court as to the Importance of this
proceeding to the people of North
Carolina and that the matters herein
involved should be correctly adJu-.
dictated, but they do not consider that
the independence of the judiciary Is
in any way involved herein, mol
whether the courts of a county shall
be run by the judge or one or two
strong lawyers at each court house
They agree with the court that these
proceedings should be removed to
some other judge, and have insisted