The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-09-30
STATE CLAIMS IT CAN
PROVE THE CHARGE
BUT SPECIAL MASTER CRAIGE
RULES THAT THE EVIL
DENCE is NOT RELEVANT.
aAWYERS EXCITED OVER
THOSE TRIBUNE EDITORIALS
An Expert Accouatant Testi6es That the Re-
cots Of the Southern Railway Show That
They Have Not Been Honestly Made
so Far as the North Carolina

tney nave MOI oeen HoneSty Wdue
so Far as the North Carolina
Railroad is Concerned.
The North Carolina Railroad lease in
vestigation is now practically complete
For two days the Special Master. Kerr
Craige, has been here taking evidence
and late yesterday afternoon the worl
vas finished.
The time for taking testimony in tht
case expile October 18th. Between nov
and that date the defendant, the NORTH
Carolina Railroad Company, will take
some important dispositions, and on DC
tDber 18th, the last day, another hearing
viii be held at Salisbury in order thai
these depositions and other evidence may
be submitted.
The evidence will then be turned Oyel
to Judge Simonton to be ruled upon.
Yesterdays hearing, like that of Tues
day, consisted for the most part, in al
attempt on the part of the State to intro
duce certain testimony, and fight Oh
the part of the railroad to prevent it. Fol
the most part the railroad won.
Save for considerable excitement or
the part of the railroad attorneys wher
the authorship of certain editorials were
called into question, the day was without
incident and the hearing, for the most
part, went along smoothly.
BRIBERY is CHARGED.
The first witness caiied was Robert
p. Foster, agent of the Southern Rail
way at Asheville.
"What do you know about the ship
ment of freight from Asheville, during
the months of September, 1896, consign-
ed to f. NJ. MesserY
Counsel for the plaintiffs objected to
this question.
I'VE offer to prove by the Witness"
said Mr.. Averitt, ''and by books in his
hand, a certain payment of money or
things of value in the form of discrimi-
mating freight rate, on household goods
and printing material, consigned to II.
Nj. Messler, Raleigh. This evidence is
for the purpose of showing that this pay
ment was for the purpose Of securing
the services Of Mess.er as a lobbyist to
suppress the investigation Of this lease
IN the halls Of the Legislature to get
his influence in the Tribune, with which
he was connected. This evidence is also
f0r the purpose of showing violation of
the law of this State in discrimination
In rates."
Mr.. Busbee, for the Southern Railway,
and Mr.. Battle, for the Central Trust
Company, objected to the introduction
OF the evidence on the ground that it
had nothing to do with the matter being
''Wha was Messler anyway asked
Mr.. Manning, attorney for the old d.
rectors of the North Carolina Railroad.
"Mr. Messler was man connected
with the Tribune, replied Mr.. Averitt
ia gentleman Of considerable lung pow
er and cali0pe voice who made himself
quite conspicuous as lobbyist during
the Legislature"
st object to the evidence offered" said
Mr.. Manning.
Judge Avery protested against Mr..
Manning's objections being entered in
the case. The old directors, Judge Avery
commended, were not parties to the ac-
ton. Having been removed by the Gov
ernor, he said they and their attorney
had no standing in court. :.
The Master thought otherwise and
entered Mr.. Manning's objection.
Mr.. Busbee: I'VE object to the evil
dence as incompetent. and inadmissible,
for the reason that it is entirely foreign
to the question at issue and cannot tend
to throw any light on the investiga-
ton TOW in progress. 1t is further OBJ
iected that the evidence is offered for the
avowed purpose of showing a violation
of the criminal laws of the State By
the Plaintiff. the Southern Railway AMI
its agents-a matter that this court hal.
nothing to do with"
1.-The Master: This testimony is ex.
eIuded as irrelevant"
The defendants excepted to the ruling
and requested that the same be certified
to the court.
At this point Mr.. Fosters usefulness
as witness was at an end and he was
dismissed.
EARNINGS OF THE ROAD.
A letter from Samuel Spencer, to Hon
H. l.. Trammell, chairman of the Geor.
gia Railroad Commission, was then intro
duced by Mr.. Averitt. This evidence
he said, was offered for the purpose oil
proving a statement as to earnings ant
expenses Of the Southern Railway Com
pany for the year ending June 3Oth
1S95-the time Of making the contrac
of lease of the North Carolina Rail
soad.
I'VE offer this evidence" said Mr.
Averitt Sin connection with other evi
dence for the purpose Of proving tina
the gross earnings per mile of the South
ern are S4131: that the net earning
are 1922 per mile: that the fxe,
charges are S1,025; and that the ne
surplus over all charges is $217 per mile
This is offered in connection with the re
port made by the Southern Railwa
Company Of it's operation of the Mort
4. Carolina Railroad as a division Of tn
Southern Railway, for the same period