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

Henry A. Grady, being duly sworn,
says:
1 am 80 years old and a practicing
attorney at Clinton, in the county of
Sampson, n. G. During February and
May Terms, 1903, of Sampson Supe-
rior Court, / was associated in the
practice of law with Mr.. Henry E.
FaisOn, who is now sick and who for
that reason does not make an affidavit
in this matter. We were the attorneys
for the plaintiff in Kell, admir-, VS.
Odom, a cause which was tried during
February term of said year. During
the progress of the trial Judge
PEBBLES, who was presiding at said
term, committed one E. S. Herring, a
juror in said trial, and the defendant
Odom, to jail for contempt of court.
and another juror, Nj. r. Mathis, was
fined $4,000 for same reason. The
conduct of the said jurors and the de-
PENDANT Odom seemed to anger Judge
PEBBLES; and with this exception he.
during both terms of the said court,
was uniformly courteous and consider
ate toward the bar and officers of the
court, and also towards the jury.
Whether or not Judge PEBBLES was
justified in being angry at the conduct
of said party and jurors may be best
arrived at by reading the last lines of
the Supreme Court decision, 1873 N,
G. $50, where the court, after over
ruling Judge PEBBLES upon a technical
point, state that they do so with re-
luctance.
The people in attendance upon said
court praised Judge PEBBLES highly,
and there was not the slightest asper-
sion cast upon him until after said
Herring and Odom were committed as
aforesaid and then he was abused and
vii fiah h. ~. \
Cdom and Herring. After said occur
renee there We're rumors afoat that
Judge PEBBLES was drunk at the time
he committed said parties to Jail; but
/ know said rumOrS to be unfounded.
l was with Judge PEBBLES every day,
III the court room, and frequently out
Of the court, and while l know that he
did drink some whiskey while in Clin-
ton, he was not drunk, nor perceptibly
under the influence of drink at any
time during said terms of court He
was courteous and considerate towards
the attorneys officers of the court, and
towards witnesses and jurors. except
when he considered a wrong being
done, and then his indignation was
apparent.
l saw him leave the Murphey House
TO go to the depot, and was at the
depot when he left; and he was not
IN the slightest degree intoxicated. I
nave understood that it has been af-
Hrmed that he was drunk at Warsaw
and mistreated Mr.. A H Herring
who interceded with him in behalf of
ms brother, e. S. Herring. I was not
IN Warsaw but l have heard Mr. A. H
Herring say that he did go to Judge
Peebles' room, and that the Judge
treated him as a gentleman. He furth-
er said to me that Judge PEBBLES was
IN nowise to blame for his brothers
misfortune, but he did severely blame
Mr.. Henry e. Faison, one of the attor-
neys in the case.
As to the bottle of whiskey which
It has been stated was left in Judge
Peebles' room after court, am in
formed by Mr.. w. e. Stevens, pro-
pr1etor of the hotel, that said bottle
contained from which the Judge had
taken only one drink, when he gave
1t to him (Stevens)
tSigned.) HENRY A. GRADY.
Mr., FaiPcloths Affidavit
Cyrus II. FairclOth, being duly
sworn, says:
am practicing attorney at law,
and have been a member OF the bar at
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