The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-29

that fact The Governor said he told
the solicitor that he would see him
Saturday and intended 10 tell him ,be
full conversation with Robinson and
also TO tell him that he was satisfied
with what he had accomplished in his
suit In breaking the receivership Rob-
inson said AcBee wanted to go TO New
York and the Governor said let him so
IL the Solicitor wanted him he would
wire for him.
The Governor speaking about the
statements given out about the confer
ence said he was not surprised at Rob
fnson's associates taking the first op-
portunfty TO make the statement This
made Day very angry. After the re-
mark that he had meant no reflection
upon Robinson. he said the remark OF
the Governor was gratuitious and the
Governor could not make II to him on
the street, man to man. Day went on
10 say that he was not ashamed OF
anything that he had done or said. He
said the News and Observer had talked
about the matter and that hence he
day had opened his mouth. Day un-
derstood that there was an agreement,
that Robinson had SO said in a letter
and that Robinson would not deny II.
Robinson said he did not deny it.
Robinson was finally made a witness
for the defence and sworn. Day said
the matter har reached~a point where
it seemed he was to be held responsible
Tor the news getting out about the
agreement. Robinson said the state
ment made by Governor Aycock was
correct. except as to the verbiage:
that he did say to his client that he
thought they had better surrender and
that he was quite sure he could have
the Governor to use his influence to
have the prosecution dropped. The
Governor had sent for him and asked
him to have the case in the federal
court for the receivership. dropped.
Robinson said he would. with the pro-
vision that the criminal prosecution
would be droped also. Robinson was
confident that word from the Governor
would be sufficient and he would tell
his associates that prosecution would
be dropped. Robinson said he then
held in his pocket an order Of the court
making Cuyler of New York a co-platn-
tin in the federal court with Finch, in
the receivership matter also subooe-
mas for several persons at New Bern
and an amended bill Of complaint. and
that papers were to be served upon the
defendant railway March 18th; that
these papers had been prepared by
himself Clark and Hinsdale. McBec
being present; tha the agreed not to
serve the subpoenas and the amen led
complaint. that the attorney general
and Attorney Tillett objected to dis
missing the criminal prosecution. He
told them of what he called the agree
ment and that he would not serve the
subpoenas. Robinson said he was-gct-
ting tired Of carrying news between
belligerant factions. He knew ever il
Cuyler were made a party to the suit
In the federal court. 1t would nor
| amount to anything and he said to
Governor Aycock and other attorneys
that Cuyler could not maintain a bill.
Robinson said his associate counsei
said that Cuyler could maintain it and
that they could go on with the suit
even II Ffnch's matter were dismissed
IN the federal courts. 1t was stated
that the prosecution would have been
dropped unless Finch HAD returned here
and so to speak demanded a hearing
Robinson said he did not know any
thing about Finch's coming back.
Robinson raised a great laugh when he
jestingly stated that he was very badly
crippled; that Day, one of his associ-
ates. had left town. that Clark. an
other was not able to waive examina
ton OF his Client NcBee and tha.
Hfnsdale had been made a states wit
ness. Robinson added that his so:e
idea was to turn the whole thing loose.
The bill would not have been dismissed
but for his belief that there was an ar
| rangement with the Governor
Finch was asked if he wished to 90
on the witness stand. Counsel May.
we'll said no.
Attorney Maxwell opened the areu-
| ment for Finch, contending he had onl Y
acted in accordance with the advice OF
counsel in filling the bill Of complaint
and securing the receivership Max
we'll did not think the proceeding wls
| regular but that was not Finch's fault.
Attorney General Gilmer made an
a bic argument, saying the only question
| was whether there was probable cause
| to bind Finch over to the Superior
court. Maxwell in his argument dis
| cussed the status Of the Atlantic and
J North Carolina railway and said il was
bankrupt. The attorney general said
there was nothing in the bill of COM
| plant to sustain this allegation and
challenged the statement. He declar-
| ed Finch never had any standing in the
/ Federal court. The state justly COM
/ planned of the undue precipitation with
which Finch an3 McBee acted. In this,
! lies a very grave charge. No man can
| give any reason why the appointment
| OF a receiver affected the lease OF the
| road. or why a man who had withdrawn
| his bid and by all rules was disquali-
| fed. was made receiver. There was q
combination to do unlawful things
| Finch swore he owned IS shares Of
| stock, but really owned AZ his counsel
] said. This was done to conceal the
| fact that stock had been bought from
! Ed Chamber Smith. This suit was not
| solely for the purpose OF having the
| Atlantic and North Carolina road leas-
| ed.
Attorney Robinson fer Finch said the
| latter came here and in connection with
/ another well known and honorable man
conceived the idea OF having the road
| leased; they consulted very able law
4 yers and took their view. Robinson
! disagreed with their view and said he
1 thought Finch had no ground for his
receivership suit, thai the man who
i owned no stock could not go around
/ squealinz about the woes OF other
\ members OF a corporation. and the puT-
i chase of the stock to bring suit would
i not confer Jurisdiction. Robinson saId
i he would not have appointed a receiver
| ufthout notice Rohinson said ~ was