The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-28
(By X. L.. GRAY.)

Lumberton, N. c., May 27-The
contempt proceedings here today were
characterized by the same manner OF
legal sparring for position that has
been in evidence from the start. The
net results of what was trying days
work was an agreement between
Judge PEBBLES and counsel for the re-
spondents to move the hearing of the
rule and the evidence to Judge Geo.
H. Brown, Jr.. to be heard at Fay
etteville in Cumberland county, on
June 14th next; an amendment to the
original rule by which the ground
seems to be laid for an attachment for
direct contempt, and, the oral exami-
nation as to the conduct of the Ha.--
wood case of Solicitor w. l.. Daniei
The order to remove has not yet
been signed but has been read and ap-
proved by both sides. In substance It's
provisions are as folloWS:
That the various motions and de-
fences which have been advanced v
the respondents and overruled by
Judge PEBBLES will not be insisted
upon anew in the hearing before
Judge Brown. but are understood TO
have been excepted to by the respond
record to be passed on by the Supreme
court if the matter finally goes there
for hearing. That if matter IS heard
by Judge Brown or any other Judge
that the court may name such Judge
will hear both the law and the fats.
The respondents reserve the right
however, in case Judge Brown, or
some other Judge does not hear the
case to demand a jury trial and to
object to Judge PEBBLES qualifications
to hear il.
They Were FOUGHT for Hard.
Briefly stated as they are these re-
suits were obtained only after long
day of Wrangiing between counsel and
the court and several times 1t ap-
Deared that the advances of the judge
and his effort to'comply with demand
for a removal would prove fruitless.
Counsel and the court were almost
constantly at cross purposes, and the
proceedings were so highly technical
that they and the severe heat re-
suited in greatly reducing the crowd in
attendance on the hearing.
Judge PEBBLES announced this after
noon that he would take testimony or
ally tomorrow, but would not say what
witnesses he expected to examine.
Tomorrows proceedings are expect
ed to be more sensational than any yet
had during the slow progress OF TINS
case 1t is agreed by both sides that
all evidence shall be put in by t''ln"r-
row except such as may be propc"iy
introduced later in rebuttal InNr@
are numerous exceptions and objec-
tions to evidence, all of which VIII be
passed on by Judge Brown, such evil
dence as is taken orally to be treated
as. aflidayits.
Over Four Hundred Affidavits.
n cd IN c
affidavits. He has over four hundred
which raise the issue clearly. The
majority of these are in reply to re-
spondents' affidavits as to drunkenness.
Many, however. are in reply to those
alleging partiality and discourtesv in
the Haywood case and those affidavits
with regard to the judges alleged lack
of judicial temperament. The signers
of the affidavits for the court, while
for the most part lawyers. include the
names of many of the States most
prominent men of different callings
and employments.
Rejected by the Judge.
Court met shortly after nine O'Clock
and Judge PEBBLES proceeded to read
his reply to the counter proposition
made by the respondents yesterday
afternoon. The reply in full was as
follows:
North Carolina, Superior Court,
Robson county, in the matter of n.
A. Mclean and others. The court an
sUering the counter-proposition of the
respondents to its proposition to refer
this matter to some other Judge re-
jects the same for the following rea7
sons:
1st. The technical objections already
taken by respondents have all been
overruled by Judge r. b. PEBBLES,
and to accept the counter-proposition
would be giving the respondents the
advantage of two bites at the cherry.
IT would be setting aside the ruling
of Judge PEBBLES on these technical
defenses and giving the respondents a
new chance before a new judge. Mat
ters of this Importance ought to be
tried on their merits The court, how
ever, is willing to modify its former
proposition to the extent of saying