The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-17

| A. NO.
O. "Who obligated to do so?"
A. Finch
Q. Did Mr.. McBee pay you anything?'
A. No
Q. who was it proposed to have the
receiver appointed. Who suggested or
discussed it?''
| A. 1T was suggested and discussed af-
ter we had gone into the matter and
digested the facts
Q 'When?"
a. Il can't tell the day-Monday or
Tuesday. The receivership was only an
incident to acquire a lease as this would
hurry it up
@. Who was suggested as receiver
a "McBee"
@ ''When?"
A. Monday or Tuesday"
Q. by whom"
A. by Capt. Day.
der signed?"
A. In Norfolk. on the oath
Q. when was the bill sworn to-"
4. ION the night of the 23rd between
IL and II o'clock
@. When was the Receiver APP
pcinted?''
@. ''Who was present in Norfolk when
the order was applied for?"
A. '.McBee and Finch and myself and
a lady stenographer. 1t was early IN the
afternoon. about o'clock
/ @. What became OF McBee and
Finch?"
A. "They went out. Finch was with
me. We went out and got lunch to-
gether.'
Here COL Hinsdale made a statement
1t was that when the bill was prepared
and before it was sworn to there was
talk of appointing a temporary receiver
II advised that a receiver be applied for
after notice was given" said Col. Hns
dale.
G. What objection was there, and by
whom?'
A. 81 don't remember. / think it was
McBee who objected. Don't think it was
Finch 1t was finally determined to pre-
sent the application to Judge Purnell, and
if there would be an order to show cause
we were not certain"
@. did McBee give any reason?"
A. 81 don't remember. l thought that
while a temporary receiver might be
granted it would be the best policy to
give notice. There were allegations
Inch demanded this, but it was thought
best not to give notice
@ did you want to give notice?"
A. WHY suggested it. Capt. Day
sided with me, but McBeo opposed it,"
@. Can you recall reasons given by
McBee?"
A. Il can not
@ by whom was the order signed?'
A. by Judge Purnell in Norfolk"
@ How did you know he was there?'
A. From his people. We just went and
ttlephoned. l can't say exactly how we
krew he was there. McBee, Finch and
went to Norfolk
@. Did you know an order was not
legal signed out of the district?'
''No. l had not investigated. l told
Judge Purnell in Norfolk. He consulted
Judge Waddll and then made the order.
He did not think he had the power, but
If not he could re-affirm it in North Caro-
lima. On our return. Judge Purneli
came back a day later and re7affrmed 1t.
had my doubts about signing in Nor
felix. l was not anxious to have the or
der signed out of the State and Judge
Purnell only did so after consultation
Will Judge Waddil. l investigated when
came back from Norfolk and found the
weight of the authorities against 1t"
Adjournment was taken for dinner and
"a $3.50 the sitting was resumed The
State asked Col. Hinsdalc no further cues
items but the defence cross-examined
him. Mr.. w. w. Clark said
@. "Was there ever any suggestion be
tween you and McBee looking to the inn
of the a. and N. c. Rail |
road?"
A. ''Nona."
Q. WAS there any suggestion except
as to a lease to the highest bidder"
y. None, except that this could be OBJ
tanned by the suit
Q "Was there any suggestion that the |
lease should only be to Niece or those |
with him?''
A. mo. Only to lease and to give
every man fair chance
Col. Hinsdalc was recalled and this was
asked:
G. would you have gone into the lit
igatlon on any other terms except lease
to the highest bidder?"
a. mo, SIR
The next witness was Mr.. James a. Egg |
erton, Raleigh manager OF the Western |
Union Telegraph Company He was asked |
cOouI any CeieBIdinS > sent Dy McBee. |
Hlnsdale or Day between February 10 |
and 25 to Finch. He knew of none as /
paid messages, and while some had been
sent by McBee as deadhead kilograms, |
he had no record of when or to whom |
and did not know the contents and he |
had access to the records. The originals
had been sent to Richmond on the nth and
as this was the 10Th they had probably
been sent to New York. These records
were in charge of Supt. Clary, and ne had
not asked that they be returned to Raj
eigh. That McBee had sent messages and
had received eight or ten, but these were
dcad-head, and there was no record here.
He saw one of McBee's kilograms him
self, but it was not to Finch. He knew
OF none from Capt. Day
Manager Walter Crews, OF the Postal
Telegraph Company, testified that he had
made careful inspection and there were
No messages passing through his office to
Finch from McBee, Day or Hinsdale, or
to them from Finch in time named.
Gov AYCOCK TESTIFIES.
Governor G.. b. Aycock was next intro
fluced bv tho State and WAS asked to