The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-29
"CAPPEN B|LDAY
LATEST F|ASCO
Remainder of Evidence
in the Conspiracy
Case.


statement, Captain Days testimony and
statement, and Judge Robinson's interpo-
latiOn, was as follows:
Capt Day continued: 81 am stating
this III justice to myself and Judge Rob
inson, because the papers are con
tinually declaring that there was no agree
ment about this matter. | see IN the
Evening Visitor yesterday that the Gov
ernor said there was absolutely no agree
ment then said TO these gentlemen:
what assurances have you got?'
Judge Robinson, if you don't want me
to state this, | Will not do So"
Judge Robinson: II am Directing to
the whole OF it,
Capt. Day: q want to be fair to my
client. If these gentlemen object. won't
state it. u
Judge Clark: 1.-THE Court will let Capt.
Day proceed
Capt. Day: Judge Robinson went away
and came back and said that he saw the
Governor. and the Governor said Promise
anything l SAID that that promised
nothing. Then he went up to see the Gov
ernor again. and he said that the Gov
elnor said he wanted to consult the At
torney General. Mr.. Tillett and Mr.. Joe
Daniels. That Mr.. Joe Daniels had been
staunch and loyal supporter of his, and
he wanted to consult him, and that they
sent Mr. Bob Gray to see Mr.. Joe Dan
iels Judge Robinson was told to come
back again, and when he went back he
was asked if he had seen Mr.. TIllett. he
told the Governor that he had not: that
about that time Mr.. Tiliett came IN,
and that then the Governor told hm he
had heard from Mr.. Daniels and that
Mr.. Daniels said it was all right. and that
it was all right and 1t would be stopped.
The next morning the News and Observer
came out, stating positively that no COM
promise had been made. called Judge
Robinson's and Mr.. ClarlS's attention to
it and | said: You see here. don't you.
The Governor says we must say nothing
about it. How it is going out to the
world that this thing is done as an abso-
lutte surrender Judge Robinson stayed
here that day and l met him on the
street that evening, and he said: l don't
like to be carrying bones without some
witness and | took w. w. Clark to see
the Governor, and Clark has heard it as
well as T. I said: That is right. In
day or two, | did not see the interview
Int someone told me that Tlllett was out
in an interview declaring that there was
no compromise at all. l telephoned Judge
Robinson and wrote him the same day
said now the time has come, as
matter of Justice to ourselves. as a mat
ter Of Justice to the men we represent
that YOU should talk. You have heard
these things and you should talk. He
wrote me a letter, in which he said that
Armistead Jones had written to HIM about
it, and Mr.. Jones had started to see tne
Governor and the Governor was not IN MS
office. Mr. Jones refused to go untl' ne
came, aud he wrote back to MI Jones
ami said: Go and see the Governor what
ever the Governor says will be the truth
and he will state it. Judge Robinson
then came UP here and went to see the
Governor with Mr.. Armistead Jones, and
afterwards Judge Robinson came to my
room and said: It is Just as / told you;
the Governor agrees to what 1 say, l
said. Robinson. | am glad OF it. l had
70 reason to doubt your word. and do
not. doubt your word now l then went
10 the telephone and called up Mr.. Arm
;stead ZONES and asked if he had gone
with Robinson to see the Governor. He
said yes. | said what did the Governor
say He replied: Have you seen Robln-
SOM He said ask him. l SAID nave
asked him but | want to know what you
understand He said that the Governor
did not deny anything that Robinson
said / said what did he tell you to DO!
He replied he did not tell me to DO any
thing He said he would give me an an
swer Saturday Then | said Mcbee Is
here. What can he do; can he so nome
Did not Robinson tell you that the GOV
ernor said he could go home? He sad
no did Then I asked did the Governor
fell Won he could go home? Mr.. Jones
said: 4 think he did cine tact ABOUT
this is. as may be seen by Gov. Aycock $
testimony. that the Governor was asked
if McBee could go to New York ana ne
said he could that the Solicitor could
reach linn then, if he wanted hlm.)
Then he said: The Governor SAID here
was no agreement
..That was the conversation there as
received it over the phone. say that
because there has been persistent ana
consistent effort made by portion OF lhe
press to impress upon the people OF Nofth
Carolina that there has never peen any
understanding on the part OF the state
that these prosecutions should De stop
ped l did it as matter OF Justice 10
Judge Robinson, Mr.. Clark, Col Hlhsuaie'
Mr.. McBee. Mr.. Finch and myself, and to
never had a conversation with the GOV
ernor about it, have never said WORD
to the Attorney General about 1t untii
this morning. l have not spoke to MI
Tillett and Mr. Finch about 1T"
GOV. AYCOCK'S STATEMENT.
Gen. Gilmer recalled Gov. Aycock and
asked him if he desired to make any state
ment. He said
Il wish to state the whole transaction
now. During the progress Of the trial
Judge Robinson and / went back behind
the stair-steps, and from statement
that he made to me l saw mat he in
ferred that his clients were in bad shape
or at least that he apprehended they
were After the trial was over. l sent
over here for him to come, to nv office
/ asked him then what he proposed to do
He stated that they seemed to be in bad
way and asked him if he did not think
1T was time for the thing to stop He said
he did. He said he would see his PEG
pie and see me next morning. The next
morning he came to see me. Judge Robin
cor, sold fhen 90 he said not ONLY to me