The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-03

he might say, of attacking the sovereign
ty of the State. it was different, and there
was no need of stating the means.
Bishop one of the greatest authorities.
! held that where there was an allegation or
conspiracy to defraud. it was unnecessary
to cucumber the bill with other matter
OF evidentrary character. Finally the At
torney General concluded by saying that
according to State VS.. Brady, the allega-
ton of conspiracy to defraud was sufi-
cent, and certainly to deprive the State
! Of property was sufficient to establish
tiraud.
The question Of the bill of particulars
was one in the discretion of his power,
as to whether or not the defendants were
sufficiently acquainted with the chcrac-
ter of the charge against then. If his
honor considered that the bill was not
sufficient to inform the defendants of
the charge against them, of course the
State would be willing 20 make il more
explicit.
| Judgt Brown asked what the State had
to say of the defendants motion to con-
tinue on the ground that there had been
some agreement and a misunderstanding.
General Gilmer said that the State had
not known the contents of the aiTidavits
until they were read in court, and would
like to have time to file an answer. but
! he wished it understood that the State
opposed continuance.
Judge Brown then said he would give
the State until Monday morning at half
past nine O'Clock to file an answer.
General Gilmer said that it could not
possibly be done in that time.
The judge said that if tie State could
not file an answer by Monday, it would
| of itself effect continuance.
Judge Brown said that of course he
| did not propose to pass on the question
of whether or not there was any agree
ment between the State officers and coun-
! sci for the defendants, but it was posi-
bic there may have been some misunder-
standing. as for that reason it may have
been that the defendants had not had
| time to prepare their case, and that this
might be ground for a continuance.
But there were more speeches to be
made. Mr.. w. w. Clark. of New Bern,
was the next to argue on the motion.
! Mr.. Clark said he was surprised that his
| friend the Attorney General. should have
predicated his two principle propositions
uDon the fallacy that the State had any
| different standing as a stakeholder from
Iany other. He quoted Marshall VS.. n. G.
| Railroad and Durham VS.. Railroad. in
| tho 1OSth N. c., to sustain bis point that
The State does not carry her sovereignty
Into her relations with the private stock
bolde,s Then as to the public officials,
Mr. Clark said he challenged the ingenuity
~ fthn solicitor and the Attorney General
Ia mint ont a single officer of the At
lart;c ard North Carolina Railroad that
would fan uder the definition Of public
official in the case of Elias VS. Coleman
| in the 8Gth n. c.
Then Mr.. Clark argued the SUBJECT OF
conspircy. declaring there was no con-
sr;,acv unless the means were unlawful
Tho Attorney Generals argument, he sald,
VOL, load him 20 the CONCLUSION that IN
no case was it necessary to set 1orth the
noorS AGAINST the one English au-
thn,;tv cited Mr.. Clark said he could
otto a whole list of authorities, for IN
sta,,oo ond Wharton's Criminal Law,
sa,t;on 2e. End Bishops New Criminal
Procedure. section 222
Tbo,.e hyere, declared Mr.. Clark. cases
!, which If was necessary to set forth the
maans specifically. and if that were So
tbor, rord Mansfeld's case Is not worth
an,-tl,ing for that says that 1t is not
necessary in any case. ~,
Then the Attorney General had sala,
Conspiracy to defraud.' where was IT
said in that bill Of Indictment that IT IT
was VAS conspiracy to defraud?' 1t was not
49,. I,l No the Attorney General,A seeing
the the weakness OF the case had drawn his
b; ir closely along the lines of those doubt
fn i' cases. But there was an allegation IN
the ~. Indictment that the means were I'm
i law If it was not necessary to specify
t ,GeA means Why allege that they were I'M
i tne nle' r was done because they know
tha u,e,,<aegs Of the case at this point,