The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-09-29
BUT SPECIAL MASTER CRAIGE
RULES THAT SUCH TESTIMONY
is NOT RELEVANT.
NOR WOULD HE PERMIT FILES
OF THE PAPER TO BE INTRODUCED
This Morning an Effort Will be Made to Find
Out Who Wrote Editorials The Herring
Win Begin at $3.50 O'clock in the
Federal Court Room.

There may have been fraud in the
making of the North Carolina Railroad
lease, but it will never be proyed-there
are too many technicalities allowed to be
thrown in the way" was the comment
Of disinterested man who was present
at the hearing of the North Carolina
Railroad lease investigation before Spe-
cial Master Kerr Craige yesterday.
And it did look that way. The whole
day was spent in a fight between the
attorneys-an attempt on the part of the
State to get in certain evidence, tending,
they claimed,to show frand,and an equal
ly stubborn fight on the other side to
keep out the evidence.
The Master ruled with the railroad and
the hearing yesterday was barren of
any practical results so far as sworn
testimony is concerned but in the fight
among the lawyers some things came
out that will make mighty interesting
reading for the people of North Caro-
lima.
The hearing in the matter was
held in the Federal court room be-
fore Special Master Kerr Craige
There were in attendance at the hear
ing Judge Avery, w. C. Douglass, and
Philip w. Ayeritt, counsel for the State,
and j. s. Manning, +. III. Busbee, and
X. FL. Battle representing the Souther
Railway and other parties.
The witnesses present were the South
ern's agent at Asheville, r. ID. Foster;
til. Southern's local agent, r. l.. Potts;
w. w. Hayward, Willis G.. Briggs AMI
G. ID. Roberts, of the Tribune, and Mr..
G. ID. Roberts, of the Tribune, A. A.
Thompson and +. b. Arendall.
Mr. Briggs, who was formerly reporter
on the Raleigh Tribune, was the first wit
ness called to the stand by Mr.. Philip
w. Averitt who conducted the examina-
ton. Mr.. Briggs had by instructions
brought with him a bound volume Jan
uary-May, 1890 of the Raleigh Tri-
une. Mr.. Averitt said that the volume
had been produced to show the false AMI
misleading statements that had been
made by the Southern Railway touching
the earnings. of the North Carolina Rail
way, as well as other false and mislead-
ing statements in the matter of the
further investigation of the lease before
the legislature.
you have an opportunity now to
prove fraud" interrupted Master Craige.
Il don't see what that has to do with it''
(pointing to the volume.)
Judge Avery rose and hoped the Mas
ter wonld hear them further. Judge
Avery said the intent was of the essence
OF fraud, II the evidence had developed
an attempt on the part Of persons to
hush up transactions, it tended to show
fraud. He proposed to show that Col.
A. B. Andrews was chief stockholder and
had the articles written by employees of
his road for the purpose of suppressing
the truth in this negotiation. Lest it
might show his intent, he had his name
erased and another inserted. Fraud had
to be proved by circumstances and great
latitude must be allowed to prove in
tent. Judge Avery was speaking for the
admission of the volume which, he said
was offered in good faith, and if it was
not relevant, it could be ruled out at the
end of the hearing.
Mr.. Manning objected to the testi-
mony on the ground that it was totally
irrelevant. that he had followed this in
vestigat:on looking for fraud, but the
search had been an ignis fatuus. In an
swer to Judge Avery, Mr.. Manning said
he REPRESENTED the old directors, whom
he said were the persons chiefly charged
with fraud. Why was It not relevant TO
introduce other papers-the News ana
Observer. for instance, or the books OF
tnls or any other Daper, to show that
other roads were interested as stock
holders.
'You may offer such Testimony. if Won
wish" said Judge Avery.
MIR. Battle and other counsel. also. oh
jected to the file on the ground of ire
levancy
Mr. Busbee said promises to prove
fraud had heen made: they had been
put off without finding it.
Mr.. Busbee said according TO the de-
cision. the question was whether fraud
was present in the lease of the North
Carolina Railroad in August. 1895. ANY
act of Col. Andrews after the lease
some eighteen months, could not bind
the Southern Railway. He was ready
to have the decision made now. The ac-
tion Of the Governor and other anti