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

Continued from Page One.)
the law He was always courteous
To me as such clerk.
W. M. RUSS.
Subscribed and sworn to before me
this 18th day of May 1904.
ROBERT r. BOYD,
Notary Public.
" Royster deputy clerk: j. p. Stell.
deputy sheriff; W. p Edwards, deputy
sheriff; w. +. Edwards, deputy sheriff;
j. II. Sears deputy sheriff. testify
along the same line as do Sheriff Page
and Clerk Russ.
Other AfIidavits From Raleigh.
Mr.. William Boylan never saw
Judge PEBBLES intoxicated or under
the influence of liquor or othel. dag.
nor did he have any reason to sup
pose that he was. He always impressed
affiant as being an honest and con-
scientious man of good character
That his general reputation is GOOD.
both as an individual and as a Judge
"A. Il. Andrews, Jr., practiced be-
fore him, never witnessed any dis
courtesy, had never seen him intoxi-
Gated and his general character is
that OF a gentleman of integrity and
high character and a conscientious
and painstaking judge.
Joseph G.. Ferrall, of Raleigh, never
reputation is good. NJ. Rosenthal, j.
=. Hill, Henry vI. Litchford, John w.
Harden, JOS. G.. Brown, M. II. Leach,
and Charles H. BeIvin ST., testified
to his good character and high stand
ing and never saw him intoxicated or
under the influence of any liquor or
drug or heard of it,
Phillip H. Busbee was present With
Judge PEBBLES at Johnston court, and
saw him every day while affiant was
there. AT no time did he see him
while under the influence of liquor or
in an intoxicated condition.
j. n. Holding testifies that Judge
PEBBLES is far, impartial, honest con-
scientious and firm, not discourteous
to lawyers. but simply requiring them
to keep within the limits of the law,
never knew him to be intoxicated ana
his general reputation is good, both
as an individual and as a Judge.
To the same effect generally testified
A. j. Fields, Esq. Ed. Chambers
Smith, Bart M. Calling, Hon Rich
ard II. Battle. Col. j. c. L. Harris
and F. H. Busbee. of the Raleigh bar.
Mr.. Busbee's affidavit adds that he
and Judge PEBBLES were law stud
ents together and that he has never
seen Judge PEBBLES under the influence
of spirits or intoxicated in the least
degree, and that he has every reason
TO believe him entirely temperate IN
his habits. He does not mean that
Judge PEBBLES is a total abstainer, but
that he has never known or never
heard of Judge PEBBLES being charged
with having been under the influence
of liquor until the publication of the
recent dffidavits.'
Col. Argos Affidavit.
r. NJ. Argo, being iuiy sworn de-
poses and says that he was one of
the counsel for the defence in tic
case of the State V. Ernest Haywood,
tried at September term, 1903, of Wake
Superior court, and that he was 10
tently advertent to all that WAS said
and done during said trial. especially
to what was said and done by His
Honor r.. B. PEBBLES. who presided
and before whom the trial was had.
That the affiant has been a licensed
attorney and in active practice in the
courts for more than thirty years, and
as such engaged in many cases O.
great importance both civil and GRIM
inal, and that in his opinion, and as
he now remembers, he has never wit
messed a manifestation of greater dig
nifty, firmness. impartiality and con-
scientious loyalty to the law by the
court than was shown by Judge ROD
ert B. PEBBLES in that case. That as
it seemed to affiant, he appeared to
act and rule under a dominant and
as q judge, regardless of the effect OF
his action upon parties or counsel,
and that, while he was prompt to
rule and decide, and firm in adherence
TO his opinion. he did not appear 70
intend to be diScourteouS. That Judge
PEBBLES did not appear Ito play to the
galleries." or to electioneer from the
bench.
That as an instance of the strict
impartiality of Judge Peebes, when
the selection of the jury was entered
upon, and the counsel for defence, as
the affiant remembers, began to chal-
lenge the judge announced as a rule,
that he should hold any juror who had
either formed, or expressed the op1n-
ion that the prisoner was either gull
ty or innocent, to be disqualified, it
being desirable to secure as near as
possible, a strictly impartial jury. IN
der the application of this rule the
State had, after the jury had been Sc
lected as affiant is Informed, three
unexhausted peremptory challenges,
and the right to stand five additional
jurors to the foot of the panel, the
court having given the State the right
TO stand aside temporarily 20 Jurors
That as another instance of the
am aren't purpose of the court to Sc
cure an impartial jury, when, during
the selection OF the jury the counsel
for defence, stated to the court that
they had been informed that one j.
Walter Wyatt from Johnston county
was attempting to influence jurors,
Judge PEBBLES Immediately sent for.
Wyatt to come into the court room and
questioned him concerning the mat
ter; Wyatt denied that he had at
tempted to influence jurors, and en-
quired who preferred the charge. That
Immediately the counsel for the de-
fence Stated that Captain Heilig had
given them the information, and
Judge PEBBLES sent for Heilig, who in
a few minutes came into the court
room. That thereupon, His Honor.
asked Wyatt if he wanted the matter
investigated and Wyatt answered that
ne did not, and thereupon the court
said to him, with a reprimanl, that
he was at liberty to leave, which Wyatt
did at once That as affialt is in
formed and believes, Wyatt was guilty
of the charge, and that Mr. George
Kitchener was the veniremann whom
Myatt had approached and to wlfom
he had denounced Haywood, saying
that he was guilty of a cowardly act