The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-11-26
COL. AVIRETT'S DEFIANCE
RD PROTESTS BITTERLY THAT
THERE WAS FRAUD.
ABOUT TO SEND THE WHOLE CASE BACK
The Southern Railway Then surrenders and
the Defendants Win Be Allowed to Offer
Their evidence--A Victory for the
State--Pass at Busbee.
State--Pass at Busbee.

Columbia, s. c., Nov. 25.-(Special)-
The North Carolina lease case came
before Judge Simonton here to-day up
On certain certihcations of the master
rs to the refusal of the following wit
aesses to testify to questions asked
1hem: r. G. Hoffman, president of the
Seaboard; HI. C. Ansley, treasurer Of
she Southern Railway; A. s. Hobbs,
auditor of the Southern Railway, and
upon certain exceptions of the defend
Guiding the evidence of the expert wit
ness, p ID. Cowan, and all the wit
aesses connected with the late defunct
Tribune and also to the refusal of the
master to admit the testimony of the
witness, w. B. Clements, at the Raleigh
hearing. Col. Avirett, who seemed at
to-day's hearing to more particularly
represent Governor Russell than he has
ever done before, made the opening
statement of the case to the court, and,
in fact, the only argument of any
length upon it. He confined himself
chiefly to establishing the competency
Of the master himself AS to Mr.. Hoff-
mans testimony he demanded both as
counsel in this case and as stock
holder in the Seaboard and Roanoke
Railroad, that Mr.. Hoffman be COM
pelled to testify whether the offer made
by him for the lease of the North Caro-
lima Railroad was made by authority or
not. In commenting upon the refusal of
the witness Ansley and the witness
Hobbs to testify in Washington, he re-
vealed the fact that the books and
vouchers which these witnesses were
asked to testify to, and which they had
IN their possession at the time they
were on the witness stand in Washing
ton had been destroyed by fire. He
entered into an elaborate discussion of
me question Of the fraud practiced by
the Southern Railway in making its
false reports of the costs of operating
the North Carolina Railroad. He was
frequently interrupted by the court and
q number of colloquies between Judge
9imonton and himself occurred. When
he came to the testimony of the wit
ness Clements, Col. Avirett stated that
whereas heretofore he had been in
formed and believed that John G. Car
Isle, who was then Secretary Of the
Treasury, had been among the men
who were plotting the insolvency of the
Southern Railway in 1895, which Mr..
elements had detected that he was
now informed that Mr.. Carlisle was
not in the party, but that Messrs. Spen-
eer, Morgan and Brown were. Secre-
tary Carlisle requested the admission
Of this evidence, and the court so or
1ered, and Mr.. Clements will be al
70 A hsc nsn& III
kvirett used some extremely bitter
language in referring to Mr.. Morgan. He
called out with impotence, go bring
rs Mr.. Morgan if you dare, give us
the master; we are tired of dealing
only with his hired men," He then
said if the testimony of this witness
elements is to be believed, this lease
was fraudulent in its inception and is
fraudulent to-day. If this vendor, pur-
chased with the intention not to pay
for this property, this lease is void. 1t
will not do to refuse to admit his evil
dence, because it assails men in high
places. All men are equal in the eyes
Of God and of the law. II the eagle
stoops with sail broad wings to flap
aung7hill, it cannot blame the meaner
birds if they pluck a feather from its
wing to tip shaft to pierce its heart
and stop its flight across the azure"
Col. Ayirett made a vigorous, and at
times defiant defence Of Governor Rus
sells connection with the Moody bill,
and asserted that as the bill was orr
Sinally drawn it was a bill to protect
the States interest in the North Caro-
Ina Railroad, but that as it was
amended by Mr.. Moody it was made
part Of the Southern Railway scheme
TO confscate this property, and he as
serted that for this service Moody was
paid or intended to be paid by his
ownership of stock in the Tribune,
which was paid for or promised to be
paid for by the Southern Railway.
Mr.. Busbee, who represents the
Southern Railway, in the course of his
argument in which he took the ground
mat the lease was valid and no fraud
upon Gov. Russell, which Mr.. Avirett
replied to with very great feeling. At
the close Of Mr.. Avirett's argument Mr..
Busbee began to reply. While admitting
that It was impossible for him to present
reasons why the witnesses certified
should not be required to answer with
cut dipping into the whole of the record
Of the case, Judge Simonton then de-
termined to send the whole case back
TO the special master, with instruc-
tons to send up the whole Of the evil
dence instead of making mere finding
as to whether it showed fraud or not.
The Southern Railway then agreed to
sffer this evidence beginning Immediately
at the conclusion of which, if the court
holds the witnesses certified to-day to
have been competent, the defendants
win be allowed to offer their evidence
In addition to others in rebutting the
evidence Of the Southern Railway.
Judge Avery and Capt. Day made no
argument. Mr.. Avirett's defiant at
ttude was SO completely mark
ed as to cause the opinion
TO be expressed that Mr.. Avirett evil
IDENTIFY was determined to either prose
cute the case with greater vigor than
has heretofore been shown, or else, as
many think he will do now, unless al
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