The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-29
fHE NEWS AND OBSERVER TUESDAY WING MAR 20 1904

O. "And | stated that that put the
matter in rOther an awkward plight with
| nv associate counsel, and that ! had not
| had witnesses Subpoenaed for that trial
and had not had the bill amended by
making Mr. Cuyler so plaintiff with Finch.
| And then you asked me II | had seen Til
| lett within the last five minutes?" A
Yes"
@. ''The only issue that we talked, as
| recall it: did you not then say that Mr..
| Daniels had been Of valuable service to
| YOU ,espoused your cause, and that you
| thought he ought to be consulted, and
that for that purpose you had sent, or Mr..
| GRAY had gone, to see HIM, and that
| he said that he had no obiectlOn?"
| A. Have you not got that little
wrong, Judge? Mr.. Tillett told me that
you were afraid Of the News and Obser-
yer keeping insisting upon your clients
being prosecuted and told you in re-
Spouse, after making that statement, that
Mr.. Gray had said to me that Mr.. Daniels
| was satisfied. | did not see Mr.. Daniels.
but Mr.. Gray did tell me that. did not
send for Mr.. Daniels and Mr.. Daniels did
not send me any message"
! @. I'VE won't call it an agreement, but
| for the use OF another word, there was an
understanding that you would advise the
dropping of the prosecution?' a. mo sir,
never said that | would advise the solic-
| tor to drop the prosecution. ! intended
FOR you to understand that with the stop
| pmg OF this proceeding 7 was satisfied
and / supposed tho solicitor would be
satisfied with that. / did not say that
the solicitor would be- That is your own
conclusion You will recall the fact that
| you were quite anxious about your eli
ents?
Judge Pobinson: Il certainly do.
| Governor AyCock: And the inference
which YOU drew from what l said was
| probably little extreme from anything
that / did say. But ! have stated sub
stantially exactly what | stated TO you"
| Z. Now it IS stated, Governor, that l
said l carried Clark there fof the pur-
pose OF having a witness. You don't be-
| lieve that do your" A. Il don't think
you did"
| Judge Robinson: 81 want to get out OF
tkat--of saying that l wanted anyone.
| Mr.. Clark did go with me; that was the
fiIs time that he had been there?' A.
Yes
q. And you stated when l called your
1
an aftermath about these things, but that
the people would have TO lave some time
to cool off, A. Il said you have TO lei
The matter alone and let the people nc.
feet about it, and they would probably
be satisfied with the exposure OF this con
! spiracy and the steps that had been ia
ken, and that whenever you gave them
cine they were a mighty good humored
/ people think ! told Judge Robinson
| that | had no disposition To dance on the
! corpse
@. Then I came back with the solicit
tor later?" A. Yes
| c. Nov / went over and stated IN your
presence, IN brief these various state
mcnts. and the solicitor then said that
he had no disposition TO prosecutor a..
| Il don't recall his making that state
mcnt. He asked me what | wanted done
| 1t was not for ne to direct the solicitor
and you understand now that | had in
| lormatio at that time that Mr.. Finch
was coming back here. | cid not 60 very
| fully in the matter. put told him that
! | would tell him Saturday. L intended
i then TO tell the solicitor the full CONVEX
sation that occurred between you and me.
[ was not going to tell him not TO prose
cute or tell him to prosecute. l did eX-
pect to say TO him what / have SAID to
you, and what L have said to great
many people outside, that l was satisfied
with what | had accomplished.
| O. "Then did l not say that ! was
going to tell Mr.. McBee to go homer? A.
Yes You said he wanted to go TO New
York, and / said there is nothing to hln-
der him from going to New York And
said if the solicitor wants him he can
write him"
@. Il want to have from you, after
what ] have stated here, because l value
your opinion, have you got any idea that
have the least bad faith?' A. mo,
sir"
Capt. Day then got into it again and
said:
Il wish to state that in making this
statement / meant no reflection on Judge
Robinson. | want to say to Your Honor
shat the remark of Governor Aycock S
was gratuitous. He was very personal.
want to say that Governor Aycock would
| not make that remark to me out on the
street. l want to state further | have
| been brought INTO this matter, there is
nothing l want to conceal in this matter
and / don't intend to conceal it. l have
| done nothing that / am ashamed Tor the
world to know. l give you Mr.. Armistead
EJones letter here land I read you Mr.
Robinsou's letter about this agreement.
am forced to it from this colloouy be-
tween Governor Aycock and Mr.. Robin
son.
Il would never have made this state
ment but for the fact that l understood
that one OF the parties to the agreement,
The News and Observer, was talking
about it when the Governor said we
should not talk And there is nothing
that came from the other parties that
opened my mouth. And as matter of
justice to the clients l represent and to
the gentlemen ] was associated with, |
thought that we were at liberty to speak,
and | spoke and l told Judge Robinson
and Mr.. Maxwell this morning that l was
going to speak, and not one OF them OBJ
jected to it. | never had any conference
with Governor Aycock or with the Attor-
ney General and l never had any confer
ence with Mr.. Tillett I have received
what Judge Robinson said as coming
from them. and | accepted it as Stlch. |