The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-15
FINCH HOLLERS
LOUD FOR HELP
Wants More Witnesses
in His Suit.
TO AMEND COMPLAINT
Judge PurneIl First Appealed to for
Permission But He Passed the
Cry of Distress Along to
Judge Simonton in
Charleston.

Judge Simont0n in
Charleston.
K. S. Finch, the Wireless Telegraphy
and Liquid Air man of New York, once
Il railroad agent at Charlotte under Cap
tain, now Receiver Bunch McBee, also a
nonresident of North Carolina, finds that
the water is rather deep in the A. & N.
c. matters.
He, as the complainant alleging that
he owns forty-five shares of stock in the
A. & N. c. Railroad, had the A. & N. c..
put in the hands of a receiver Capt. Nc
Bee, his one time Boss, is that receiver.
But Finch evidently finds that he has
left something out of his bill of complaint,
and wants to get that something into it.
and for this reason his attorney, or so
hcitor," as the court puts it, made appeal
TO Judge Simonton to let him. amend his
complaint. This was allowed in an order
filed here yesterday
Then again has Finch hollered for help.
He wants some witnesses and evidently
wants them badly, or if Finch don't want
them his lawyers do, for another appeal
was made to Judge Simonton to get him
to make an order for the appearance in
court OF certain parties in the State whose
evidence Finch, or Col. John w. Hinsdale
Tor Finch, says is material to Finch on
the hearing OF the rule to show cause on
the 18th, these parties having refused to
give affidavits to Finchs attorneys. The
appeal was granted by Judge Simonton,
who yesterday had filed in the Federal
Court here an order requiring the clerk
10 subpoena such witnesses as were de
sired Dy Finch and his colleagues.
The application and orders in the matter
are made lin the Circuit Court of the
United States for the Eastern District of
North Carolina, In Equity, in the matter
of X. s. Finch for Himself and Other
Stockholders of the A. & N. c. r. r.
Complainant VS.. The A. & NJ C. r. r.
Co., Defendants, and are as follows:
NOTICE OF PLAINTIFFS.
And now comes the complaint X S.
Finch by John w. Hinsdale, his solicitor
Gne makes known to the court ;lat there
ar" certain parties in the State OF North
Carolina whose evidence is MAJ arial 70 the
complainant on the hearing OF The rule
to show cause. and who refuse to give
their affidavits for that purpose.
JOHN w. HNs0ALE,
Solicitor for Complainant.
TO ALLOW AMENDED COMPLAINT.
On hearing the application of x. S.
Finch to amend his bill of complaint.
1t is ordered, that the said K. S. Finch
be and he is hereby permitted and au-
tiiCTized to amend the said bill of com
paint in such manner as may be prop
-
OF complaint herein.
1t is further ordered, that copy OF
the amended Bill of Complaint herein as
amended in pursuance of this order be
served upon the defendant company or its
solicitors on or before the 10th day of
March instant.
CHARLES H. SIMONTON,
Circuit Judge.
l. March, 1904
ORDER TO SUBPOENA WITNESSES.
II appearing to the court that the COM
plainant herein desires the testimony OF
ccrtin witnesses to be produced before
the court at the hearing of the rule to
show cause heretofore issued herein. to
be heard on the 18th day of March, in
slant, and which witnesses are unwilling
voluntarily to give their affidavits it is
uron motion of the solicitors for tie
complainant,
Ordered, that the clerk of this court
do issue a subpoena to suc1 witnesses
as may be applied for by the solicitors for
the complainant herein, requiring and
commanding them under the usual penalty
to appear before this court at the Uni
ted States Court House in the City Vi
Raleigh, the 18th day of March, in
slant, at 10 a. M, and then and there TO
teslfy on behalf of the complaint herein.
as may be required by law.
CHARLES HI. SIMONTON,
Circuit Judge