The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-09-30

Andrews met with us. We discussed the
s.tF for several hours pro md con
y. 4 80 committee concluded 10 recon
:. epl to tie board the acceptance of the
,,"oucs't!on - ia Ire terms now inaH
+ "a s., the lessc, except ms 10 the ifn4 h
,f 'i'oe The wCeting was held a he
'-"r' eronr" l'oHse soon after Z ne
/ OF INV Mr. Manning rays, the sAri
of July"
MIR. POTTS ON Tltn STAND
/ Mr., II. l.. Potts, agent of the Noutheu
|rai'voy. wes NEXT swntn lie was ash
Jed by Mr. Averitt, "Whnt da YOU know
Iatout q shwment of freight hy the Ner
/ eerthaler nutype Company, shipped u
Ithc Er hume md received ia itAleigh oi
the 10Th of February, 1892 State what
Won know about il, the rates AZ which
| il was billed, the usual rates ard what
| Tie Tribune paid and why any diac7im.
nation was made in favor of the Fri
hume"
Mr.. Averitt said this evidence was of
fercd, reserving the right 10 refresh his
n'emory by endorsements Of checks IN
the witnesses handwriting and books IN
his possession, for the purpose Of prov,
ing the payment TO G. NJ. Kenyon, w. Il,
OPrien. f. NJ, Messer. Jas. NJ. Moody
md others. calling themselves the Tri
hume Publishing Company. for proving
the expenditure OF money by the South
ern Railway, through the med um Of the
Raleigh Tribune for the purpose of pre-.
venting an investigation OF the lease of
the North Carolina Railroad, and for the
purpose of disseminating false informa-
ton to the PEOPLE and the Legisla ture and
for paying for services rendered by one
Of these said parties to the Southern
Railway in connection with certain
legislative bill. the purpose Of which was
to prevent the Southern Railway from
carrying out an agreement that had been
Ientered into previously to the making of
The lease between them and one Elias
Carr. then Governor of North Carolina.
This is offered in connection with 9TH
er testimony" he said, "and as laying
the foundation for further evidence
which we will offer to prove fraud"
Mr.. Manning objected to the testimony.
stating that the question was irrelevant
and could not prove any fraud in the
procurement of the lease in 1895. There
are certain parts Of declaration of coun-
sci as tending to show fraud that could
not be objected to.
Mr.. Busbee objected that it was ir
relevant. "We will not object to any
|evidence showing fraud in 1885," he said.
Nothing the witness could say could
affect any alleged combination between
Elias Carr and the Southern Railway"
The Master ruled that the question was
irrelevant and the testimony was ex
cluded. The attorneys for the State ex-
cepted.
Have you here with you the books?"
Mr.. Averitt asked.
"All except the bills of lading-there
was no bill of lading," said Mr. Potts.
MIR. ARENDELL EXAMINED.
f. B. Arendell was the next witness.
He was asked, Have you any personal
recollection of a meeting of the direc-
tors of the North Carolina Railroad i'll
Raleigh in August, 1882"
eyes"
did you see in the public press any
charges of intended secrecy and fraud in
the contemplated lease between the meet
ing IN Raleigh and at Burlington?
Objected to on the ground that state
ments made by editors is hear-say and
IS incompetent. Judge Avery said this
testimony was offered for the purpose
Of showing that the public discussion of
the matter was sufficient to put the
Central Trust Company on inquiry, and
that inquiry, if pursued, would have
ed to information that there was fraud
in the lease. Mr.. Battle said the recol
lection of the witness would be hear
say of the vaguest kind.
The Master ruled that the evidence
was incompetent and it was excluded.
Exception was entered.
Mr.. Douglass next asked: "As the rep
resentative Of the News and Observer,
did you make an effort to gain admission
to the meeting of the committee of the
board of directors held in Raleigh prior
to the Burlington meeting to ascertain
what was going on?'
mo"
"Were you present at Burlington at
the time of the execution of the lease in
August, 1852
YES"
did you make any effort to get into
the meeting?"
mo, but / made several efforts to get
from the meeting. | asked
Mr.. Manning, DIR. Turner and perhaps
others. DIR. Turner. replied there was
nothing to give to the public AT about
2 D. m. and at 6 p. m. he and other di-
rectors gave me the same information.
asked Mr.. Overman and Mr. Spruill in
the afternoon. The meeting was held
up to 10 or IL o'clock After supper,
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