The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-27
sCappen Bilday' Attempt
Fails,
Continued from Page Nine.)


of such man as Gen. Hoke did not save
him from abuse, and many others in like
manner. So it was not to be wondered AT
that this should bring forth criticism.
Nov, as to the purchase OF that
Stock at length went on Mr.. Maxwell.
What is there in that" Whether Mr..
Finch paid for that stock or not, or how
he paid for it, was a matter between Mr..
Finch and Mr.. Smith.
1t seemed to Mr.. Maxwell that the State
had failed utterly to show any criminal
conspiracy between Messrs. Finch and Nc
Bee, or 10 show any conspiracy TO injure
anything, but that even from the States
own witnesses, Mr.. Duncan for instance,
it had been shown that their purpose
was to save piece of bankrupt property.
Attorney General Gilmer in response
said that his sole purpose in appearing for
the State was to ascertain all the facts
in the case before the court. of Mr.
Finch's purpose in coming here he knew
nothing. He found him here before his
honor, and it was for him to try to arrive
at the facts. What was in the minds OF
| Messrs McBee and Finch of course his
honor and the court knew nothing.
The question, said the Attorney Gen
eral, now assumed the purely legal aspect
of whether or not there was probable
cause to bind over the defendant on the
charge.
The attorney who preceded him had
stated that the road was bankrupt Where
he got that information he aid not know.
unless it was from the bill OF complaint.
which failed to substantiate that allega-
ton. General Gilmer then showed by re-
fering to the printed report of the road
for the year 1903 that the net earnings
were SIS, 1000, which amount had been
srent in the Improvement the road.
The State, said the Attorney General,
complained of the undue precipitation
will. which these gentlemen act, and in
that undue precipitation and haste lies
the germ and the very essence OF the
charge brought against them.
General Gilmer declared that these gen
tlemen concerned could not tell why it
was that a receiver had to be appointed
in order that a lease might be effected.
Nor could it be explained why gentle
man who was disqualified by mis- previous
connection to act in such capacity
should be appointed receiver.
| It had been shown that Capt. McBee, at
the time proceedings were begun, did not
own a dollar OF stock in the road, and
did not represent anyone who did own
stock. Why then was he so sohcitous to
save the road? Let him answer.
| AS he went on General Gilmer referred
to the fact that it was stated in the bill
| uf complaint that Finch was the owner
/ of 40 shares, whereas the evidence showed
| that he had secured AZ shares and that
Col Hinsdale had said that was done
so that the public should not know from
whom the stock was purchased. III they
were SO soicitous to save the road, why
ST Guild they care who knew from whom
the stock was purchased.
What a hurrying and scurrying there
was up and down the streets of Raleigh
| that day to get stock OF the A. and n. G.
Railroad exclaimed General Gilmer. He
bad heard of the strenuous search of
Jason and the Argonauts after the golden
| fleece, the search of Hercules after the
golden apples in the Garden of the Hes
perides. and the search of the knights of
| King Arthur after the holy grail, but he
| had never heard before of such a search
after stock.
General Gilmer went on to speak of
Capt. McBee approaching MI. .Iuncan, and
| ity for saying that McBee's purpose in
securing stock was that he might wrest
the road from the control of the directors
and put it into his own hands.
| The complainant never had any stand
4 ing IN the Federal or any other court as
petitioner for the appointment of re-
ceiver. McBee had objected TO the giving
of any notice of the application, and
|
General Gllmer challenged the learned gen
| tleman who was to follow HIM (Judge
Robinson) to point to a single case of this
kind, where'a receiver had been appoint
ed for railroad without any notice being
gwen to the stockholders.
General Gilmer briefly discussed the law
on conspiracy, quoting Judge CASTOR to
show that conspiracy or combination
TO prevent a man even from entering land
for which he had grant was a felony
General Gilmer spoke Tor about three
Quarters of amour and then Judge Robin
son arose and said that he thought just
now they needed the services CT a coun-
ty surveyor, to sort of run around then
and find out where they were at. He
went on to say, that he himself, with
all due respect to the court, would not
/ iiS>NC ttidl IStSlNNl Hili4OHl no
tice, down there in the 'rhubarbs" OF
Norfolk, in the outskirts OF Virginia.
Still he did not think these two gentle
men, Capt. McBee and Mr.. Finch, could
be held guilty OF an unlawful act after
judges had decided that the transaction
was legal, for had not Judge Purneil con
suited with another Federal judge in
Virginia?
Judge Robinson dwelt much on the fact
that the appointment of the receiver was
an act OF the court and therefore the
defendants could not be held even civilly
liable for anything.
The former judge complained that the
acts and doings of these gentlemen were
referred to disrespectfuliy as censpiraeies
combinations, etc, while the meetings OF
the other side were spoken of as arrange
ments, propositions or conferences.
Speaking of the law, the Judge grew
almost tragic, and said that if he were
called upon anywhere else save in an ex
animation for license to tell what law is
he would say: Law IS the only species
of gambling that is left unindctable. He
declared that in the law books authority
could be found on both sides OF any ques
tion Then he went on to fell how hOrri