The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-09-29
COL. ANDREWS
AND THE TRIBUNE
Continued from First Page.)

the lease, Governor Carr took Col. An
drews into the ante-room and had n
long conference with him; that Governor
Carr referred these gentlemen for adj
vice to Mr.. Il. ii. Busbee, who was the
common counsel of himself and the
Southern Railway Company. All this,
said Judge Avery, tended strongly to
prove the combination. He contended
that the further evidence that Mr.. Tel
fair, his private secretary, was sent by
the Governor to Norris and Beckwith,
with the request to keep secret what had
occurred, and that the Governor subse-
quently came to Raleigh and attempted
to get a certificate from these gentlemen
that no action had been taken by them
as a board in reference to the lease,
threw so much suspicion upon these
transactions as to demand explanation.
Judge Avery also stated that the de-
PENDANTS, whom he represented, expected
TO offer further testimony as to this par
Iticular transaction.
| Mr.. Averitt thought that he and the
Special Master had probably followed the
continuous chain of circumstances more
closely than others, and could, there
fore, probably more accurately than any
one else determine the question of rele-
vancy.
| Mr.. Averitt then read from the deci-
sion, eontending that the technical terms
in connection with the fraud covered the
introduction OF this evidence. He eX-
pected to prove that money had been
used indirectly to make this lease; to
show that threats had been made that
| they knew to be false: evidence had
been offered showing the expenditure of
money by the directors; he now pro-
posed TO show the expenditure of money
by the Southern Railway. IL the ques-
| ton of fraud is to be judged by subse-
quent attempts at concealment. then the
erasure by misled hand OF names should
| be properly considered. Mr.. Averitt
| was very severe and sarcastic and
searching in his remarks just here. and
his remarks were undoubtedly presented
with marked ability.
The Special Master was unable to see
how the newspaper file two years after
the lease was relevant. and thought it
better TO have it certified to Judge Sim
| onton. And so the file of the Tribune
was ruled out. Exception was duly
taken Judge Avery declaring the same
in the following language:
This testimony was offered by de-
PENDANT, the State of North Carolina, as
a circumstance tending to show fraud in
that it shows an intent on the part of the
FIRST vice-president of the Southern
Railway Company, with the assent of
that company, to use its money to sup
press an investigation as to whether the
ninety-nine year lease Of the North
Carolina Railroad, it franchises and pro-
porties, was obtained by fraud, beginning
with a fraudulent combination on the
part of the first vice-president, acting
for the company and Elias Carr, Gov
ernor Of North Carolina, for the State
Mr.. Richard Battle dictated the objec-
ton of the plaintiff in the following Ian
guage:
This is offered in the absence of any
proof of evidence of any combination,
| fraudulent or otherwise, between Elias
Carr and the first ce-president Of the
Southern Railway Company, and in the
absence of any evidence tending to prove
any improper influence on the part of
Elias Carr upon the then directors Of
the North Carolina Railroad Company,
| and in the absence of any proof Of afy
connection between Col. Andrews with
the Tribune Publishing Company, and
that the fact that the Tribune Publish
ing Company began the publication of
its paper in January, year and several
months after the lease about which this
! investigation is being made"
Judge Avery could not see the business
of the expression absence of proof" in
Mr.. Battles remarks, when they had
offered to prove that Col Andrews had
been a stockholders and that his name
had been erased. Mr.. Battle was as
Stunning that he was offering no proof Of
conspiracy when they had offered the
testimony of Messrs. Beckwith and Nor
ris at Salisbury, wherein Col Andrews
had conferred with Governor Carr from
the secretary's room during the attempt
| ed persuasion of Messrs. Norris and
Beckwith. Judge Avery objected to the
shaping of the certifcation so as to
show that the thing had not been
prove which had been proved at
Salisbury. These were immaterial
exchanges Of counsel on this point--be-
fore the certifcation was finally agreed
upon.
The Tribune having been ruled out,
Mr.. Averitt called G. d. Roberts. who
was the book-keeper Of that unlamented
journal.
While conducting the examination of
Mr.. Roberts, Mr.. Averitt introduced MS
evidence the stock book of the Tribune
Publishing Company.
Counsel for the Southern Railway OBJ
jected.
eve offer to prove by this witness
and this book" said Mr.. Averitt. 'that
the name of the first vice-president of
the Southern Railway appeared thereon
and on other books kept by the same
witness, showing an entry of about So
ono worth of stock subscribed to or paid
for by Andrews in the Tribune Publish
ing Company, and for the purpose of en-
ploying agents whose business it was.
through the public prints and in the halls
of the Legislature. to prevent the in
vestigatiOn OF the North Carolina Rail
road lease to the Southern Railway"
The Master ruled that the stock book
was irrelevant.
Mr. Averitt: ain every civilized land
that I ever heard OF before, the witness
is allowed to refer to memorandum made