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

pear in the stenographic report of af-
fiant's argument and of the judges
charge. BY reference to said charge
the conduct of the Judge in calling
MIR. Gillian by name and rebuking
him for his alleged misstatement of
the law, is so unusual, aye, unprece-
denied as that to call it unfair and
partisan would not adequately ex-
press the feeling of counsel for the
prosecution as to the injustice shown
them throughout the trial.
Z. If any doubt could remain in the
mind of any man as to the leaning of
the judge, as to his lack of sympathy
with the prosecution, and his bias to-
ward the defendant that doubt must
have been removed when, after a
trial extending over fourteen days the
jury retired and with unseemly haste
returned in about 20 minutes with
verdict of not guilty. The presiding
Judge 'Iet drop the bandage which
justice is supposed to blind the eyes
and as if to convey his feelings of con-
graduation, could not refrain from
remarking to the jury: Under the
law and the evidence you could not
have rendered any other verdict than
that which you have rendered"
6. Throughout the whole of said
trial the conduct and bearing of the
presiding Judge toward the counsel
for the prosecution and many of the
witnesses introduced by them, was
such as to provoke general comment
long before the evidence was all
heard that the State could not hope
1or verdict before that Judge. On
the one hand he appeared, while off
the bench TO avoid counsel for the
prosecution, and on the other, his
conduct toward counsel for the de-
Tense and their friends, was SO cor
al nff tff.fCsT fsrlI
culated to impair the respect in which
the people of North Carolina have
| long been accustomed to hold their
! judges. Affant boarded at the same
hotel with the presiding Judge, and
frequently at night he heard parties
ask Tor him and the enquiry would
| be answered that he was taking tea
| with one of the counsel for the de-
| Tense or that he was playing whist at
+ the home of another. While this af-
faint in what he has above said would
| not be understood imputing to the
said Judge, r. B. PEBBLES, any cor
rupt conduct or wilful disregard of the
rights of litigants, or intentional neg
| lect of his duty as a judge, he believes
! that his natural partisanship, his long
practice as an attorney in looking at
! one side of the case only deprived
! him of the judicial temperament and
of that quality requisite to fair and
| impartial administration Of the law.
tSigned.)
JOHN e. WOODARD.
Sworn to and subscribed before me
this the 18th day of May, 1904.
(Signed.) S. A. WOODARD,
Notary Public
Haywood Renton's Affidavit.
That on Friday, the -- day of
February, 1903, affiant was at War
saw n. c., when the Clinton train ar
rived: that Judge r. Il. PEBBLES came
i'm on the train, and When he got off
the train he walked over to the North
cumberland Hotel, a distance or about
one hundred yards from the depot,
where afiiant was standing; that there
was quite a crowd standing about the
depot at the time; that affiant noticed
that Judge PEBBLES was badly under
the influence of Whiskey, and, in af-
fiant's opinion, he was in that condi-
ton commonly termed drunk; that
Judge PEBBLES staggered perceptbly
and the crowd at the depot, in atlantis
hearing, made remarks both about the
drunken condition of Judge PEBBLES,
and the fact that he staggered when
he walked
(Signed.) HAYWOOD BENTON.
A. ID. Vests Afidayit.
That he's a farmer and has been a
resident of Duplin county all his life;
that afIiant was regular juror at one
term of court held by Judge PEBBLES
in this county in the year 1908.
That the conduct of r.. B. PEBBLES
was harsh, rude and discourteous in
the extreme; that affiant was one of
the jurors who tried Robert Hicks at
the February Term, 1903, of Duplin
Superior Court, when Judge PEBBLES
presided, and returned a verdict of
mot guilty." That affiant returned
the verdict of mot guilty" because
under the evidence and law, as he UNI
derstood it, and the oath he had taken,
he could not conscientiousiy render
an other verdict.
That because this aaiant and the
other jurors returned a verdict o.
mot guilty" Judge PEBBLES dismissed
the entire jury and told us, among
other things, we were unfit to sit and
try causes in our county.
Affiant is informed and believes that
Judge PEBBLES told the sheriff to take
the jury down stairs and show them
the way home. if they had sense
enough to get home, and 10 so out
and get a jury who had some sense.