The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-19
Spirit of the Press.
The Plight of Judge PEBBLES.
Charlotte News

Charlotte News
North Carolina is making history
TINS year in the matter of its judicial
proceedings. The conspiracy charges
against McBee and Finch in the mat
ter OF the receivership made a red
Ilne IN our history and marked one
way In which the State Corporations
can assert their independence of the
United States Courts, with the long
delays that are characteristic of cases
before those courts that can be ap-
pealed to the United States Supreme
Court.
The other matter is of more than
local interest, the Judge PEBBLES
case. 1t shows that lawyers have
some rights before a judge and that
Judge Will be bound to respect them
or run the risk of finding himself in
the predlcament of Judge PEBBLES to-
day, since there are lawyers who,
knowing their rights, dare maintain
them.
A celebrated case was tried during
the year, that of Ernest Haywood for
the murder of Ludlow Skinner. The
official conduct of Judge PEBBLES in
that case, his acts of discourtesy to
the counsel for the prosecution, and
his Partially to the cause of the de-
renee, were severely criticised by
practically all the leading papers of
the State, a formidable list of them
being given in the aflidavits of the
Lumberton bar, made yesterday.
Not long ago the Smithfield Herald
came out with an editorial scoring 4
nameless judge for drunkenness while
conducting the court in Smithfield.
The papers of the State attempted to
prod the Herald into naming the man,
but the Herald would go no further in
the matter.
When the Lumberton bar met to
make up the docket for the term of
court to be held by Judge PEBBLES
they discussed the matter at some
length, and as two of their own num-
Der had suffered what they believed
to be discourtesy and as the rumors
of his drunkenness and general un-
judicial temperament had come to
their ears, they decided not to make
up docket at all but to continue the
cases until another term. The mat
ter got into the newspapers and Judge
PEBBLES took it up. finally issuing a
rule under which the LumbertOn law
yers are alleged to be guilty of con-
tempt.
The News does not go into the
legal technicalities of the case further
than to say that the Judge made what
is believed to be a fatal mistake for
his cause in sitting as a judge in the
trial of the case while at the same
time having lawyers making motions
on his side and thereby making him
self party to the case. But the de-
velopments of the defense and espe-
cially the affidavits brought forward
show that whatever the issue of the
case, there is ample ground for ap-
peal to the Supreme Court, and that
the affair itself can hardly stop short
now of an impeachment of Judge
PEBBLES on the grave charge of intoXi-
cation while conducting court.
Among the affidavits offered by the
respondents is one from the editor of
the Smithfield Herald stating that
Judge PEBBLES was the judge that was
in mind when the editorial was writ
ten. There are several other affida-
Wits alleging that Judge PEBBLES was
drunk at Smithfield and at Clinton,
while holding court.
So it would seem that the matter
must end in the impeachment of Judg.
PEBBLES. We had hoped that the ac-
ton of the Lumberton Bar in refusing
to conduct their cases before him
would have been sufficient, We begged
him to keep the matter under advise
ment" indefinitely. With that rebuke
he might have turned over a new leaf
and gone on to the end of his term
Probably sympathy would have gone
over to his side. But he has persisted
in his attitude of threatening dire
punishment until the affair has come
to the present pass. If the charges
are sustained as set forth in those af-
fidavits, it only remains to be said,
that it is too late in the history of
civilization in North Carolina for any
judge to be tolerated who is guilty of
drunkenness. g..a