The commonwealth. (Scotland Neck, N.C.) 1896-1929, 1908-10-01
JUDGE PEBBLES STATEMENT.
He Gives Ills Reasons For DiSmiSslDg
The Case at BfySOn City.

3. PEBBLES, which was sent to the
News and Observer, explains his
ruling in the Sunday-school case at
Bryson City:
Murphy, N. C.,Sept. 10Th, 1905
My attention has been called to an
article in your issue of August 9th,
1908, headed Protest Against
Judges Decision" and another al
fusion to it in your issue Of Septem-
Der 18th.
write to say that said article con-
tains a false and defamatory state
ment that is calculated to, and has
done me considerable harm. | never
said at Bryson City, or elsewhere,
that "A Sunday School was not re-
ligious body" The true facts are
these: Henry Branner and Merrett
Beck were indicted under section
37O6 of the Revisal which is in these
words: eff any person shall be in
toxicated or shall be guilty Of any
rude and disorderly conduct at any
place where people are accustomed
to meet FOR DIVINE worship, and
while the people are there assembled
FOR SUCH, whether such worship
should have begun or not, he shall
be guilty of a misdemanor, ETC.
There was no allusion to Sun
day School in the bill of Indictment.
The defendants plead guilty. Wheth-
err for the want of money to employ
a lawyer or because Of bad "advice
of friends" l have no information
and as is usual in cases of submis-
sions, witnesses were examined for
the purpose of enabling the Court to
fix the punishment, and when it de-
veloped that the disturbance occur
red at Sunday School, | suggested
to the Solicitor that there was fatal
variance between the allegation and
the proof, and that following my I'M
iversal custom, would have to strike
out the plea of guilty and order
verdict of not guilty.
The only argument the Solicitor
made in answer to this was, that
Sunday Schools opened with prayer.
| replied that that was a mere incl
dent and not the PURPOSE Of the
Sunday School. That the main OBJ
ject of the Sunday School was to
teach the children the Bible. That
the PURPOSE Of the meeting gave
character to the meeting and not its
Incidents. That each daily session Of
our Legislature opened with prayer,
and the Lord knows no one would
say that the Legislature met for the
PURPOSE Of worshiping God.
Whenever a person from poverty
or ignorance fails to employ law
yer and pleads guilty, and it turns
out that in my opinion he is not
guilty, as charged, l strike out the
plea of guilty and discharge him.
l have heard of man who plead
ed guilty to the charge of abandon
ing his wife, and the evidence show
ed that his wife abandoned him, and
yet he was held to his plea Of guilty
and was sentenced to work on the
public roads for twelve months. This
is not my idea of justice. At Ashe-
vile poor man pleaded guilty to a
charge Of bigamy. He had married
the second time while his first wife
was living. He thought he was
guilty of bigamy. The evidence
showed that his first wife had desert
ed him fourteen years before his sec
ond marriage and he had not heard
from her during that time. Upon
this state Of facts, he had not violat-
ed the Statute. ordered the plea
of guilty stricken out and verdict
of not guilty entered. If l had done
less would knowingly have punish
ed an innocent man. | do not be-
lieve the State wants to punish an
innocent man. | do not and will not
if | know it.
1t Is not every religious body OF
meeting that is protected by said
Statute. 1t protects those only which
have met for the PURPOSE of divine
worship. l can find but one case ir
our Supreme Court reports bearing
upon this subject. 1t is State vs.
Fisher Is N. C. Reports, page Ill
Chief Justice Rufin wrote the OPT n
ion. think in absolutely sustains
my views on the subject. No one,
assume, will deny that Quarterly
Conference" is religious meeting
or body, just as Sunday-school is 6
religious meeting, or body, and YET
Fisher was indicted under a simila,
statute for disturbing a Quarterly
Conference held in Church," and oul
Supreme Court held that he coulc
not be convicted for the reason that
the Quarterly Conference had NOT
MET FOR the PURPOSE Of worshipinl
God. 1t opens with prayer Just al