The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-02
Assists Solicitor Jones
in McBee Finch Case
BILL OF PARTICULARS
The Attorneys for McBee aid Finch,
Charged With Conspiracy, Will
To-day Move to Have a Bill
of Particulars Fur
nished.

Solicitor Armistead Jones will-haye am
conspiracy case against CApt. v e. Me
zoe and Capt. X. S. Finch.
In preparing the bill oil Indictment for
The grand jury, upon which q true bill
was returned, charging Finch and Nc
Pee with conspiracy against the State
and its property under four different
counts, SOLICITOR Armistead Jones acted
alone.
Feeling that the case was one oil great
Importance the Solicitor has consulted
and advised with Attorney General Gil
mer, under authority given him in artl-
Gle 1868 of The Code. Being informed by
the Attorney General that il he desired
his assistance it was at his service Sohc-
tier Jones informed the Attorney General
that he wished it.
Section 1868 Of The Code refers to the
duties OF the Attorney General and states
that:
1T shall be the duty of the Attorney
General
% TO defend all actions IN the SUI
preme Court in which the State shall be
interested, or is "a party; and also when
requested by the Governor, or either
branch of the General Assembly to ap-
epar fer the State, in any other court or
tribunal in any cause or matter, civil OF
criminal, in which the State may be a
party or interested.
CD To consult with and advise the So
lictors. when requested by them in all
matters pertaining to the duties OF their
oifies.
The necessary authority for the Attor-
ncy General to act in the case, as re-
CURED by article 1868 of The Code, was
gwen by the Governor, and them Attor-
reg General Gil,ner notified Solicitor
Jones that he was ready to appear IN
the case, and would be present in the
court room this morning when the at
tcrreys for the defense made the motion
which they have announced they would
make.
This motion will be to give a, bill OF
particulars IN the indictment made
against Finch and McBee in the charges
of conspiracy, the charges alleging that
this was to % conspiracy to lnjure and
impoverish the property OF Inc road and
to embarrass and obstrucI the President
and officers of the road; (2J conspiracy
to fraudulently deprive the President
and the Board of Directors Of their Of
fee. and the property OF the company.
"a conspiracy to have receiver APP
pointed for the road that they might
reap the benefits thereof, and (D con-
spiracy TO force a lease OF the road.
Tho motion for bill of particulars VIII
have the effect of asking that the de-
tails to each of the charges named be
given.
Various rumors have been afioat for
two days concerning the motion to be
made this morning, one oil these rumors
beng that Judge Geo. Fl. Brown had
said that the motion would be to quash
the Indictment reporter called on
Judge Brown last night and asked him
if the report was correct.
In reply Judge Brown stated that he
had said that he supposed that such
motion might be made, but that he had
no knowledge that such would be the
nation. as the knowledge OF what the
defendants in the case expected to do
was not in his province to know The
idea conveyed by the interview with
Judge Brown was that the attorneys for
the defendants would likely take every
step i'm their rover in legal motions to
advance the interests of their clients.
The Attorney General states that nc
will give every assistance in his power
TO the Solicitor in the prosecution OF
the case. and incidentally it is under
stood that if it is found that additional
ccunscl is needed in the case these will
he engaged by the State to assist the
Solicitor.
The counsel for the defense is under.
ste cd to BE- Messrs. Day and Bell, Argo
and Shaffer. F. H. Busbee e Son, All OF
Raleigh, and W. w. Clark, of New Bern
II was reported last night that Mr.. w
G.. Maxwell, of Charlotte who repre-
sonted Capt Finch in the hearing before
Chief Justice Clark, would also appear
in the Superior Court. Mr.. Maxwell Is