The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-15

lney General, went to New Bern armed
with a bench warrant. issued by Chief
Justice Clark, for the arrest of V. E.
McBee and K S. Finch upon the Grim
Iinal charge of conspiracy. the conspiracy
consisting of an effort to defraud the
Estate. Upon his arrival at New Bern, Mr.
Munroe delivered the warrant to Sheriff
McBee. and brought him to Raleigh last
night. Finch, it is understood. is out OF
the State and Governor Aycock will prob
ably issue a reauisition for him.
The case will be heard this morning
at eleven o'clock in the Supreme Court
building before Chief Justice Clark. 1t
is understood that Messrs. Ed Chambers
Smith, w. H. Day. John w. Hinsdale
and the stenographers and clerks of Hins-
dale and Day. the manager of the West
ern Union Telegraph Company, the Man
ager of the Postal Telegraph Company
and the young ladies in charge of the
long distance Bell Telephone Company and
probably others have been subpoened. 1t
| is understood that Governor Aycock him.
self will be witness.
From the day that the news was pub
lished exclusively in the Morning Post,
organ of these conspirators and all other
enemies of the State, Governor Aycock has
had in mind the arrest of these conspira-
tors and has delayed the matter only that
he might secure the complete evidence for
their conviction.
The public has seen the ear marks Of
/ a conspiracy all along, and ex-
cept a handful of subsidized and
anti-Democratic newspapers, the press
of the State has declared that the whole
proceeding was an outrage. born of
conspiracy. There will not be found to-
day in all North Carolina a loyal citizen
of the State, whose blood is warm and red,
and who believes in the right of men who
own property to control it as seems best
to them, who will not feel to thank God
that in this hour the State has men
as Chief Executive and Attorney General
who have the courage to defend its inner
ent rights. In taking the action above
stated-action that will stir the people
as with trumpet call-the Gov
ernor and Attorney General are
proceeding with elaboration and
in the strict lines of the law. They are
profoundly convinced that the action Of
McBee and Finch is conspiracy against
the State and in that conviction the
thoughtful men of the State are in thor
ough accord.
The arrest of McBee and the warrant
for Finch is the boldest and bravest Off
cial action of a generation. The honest
people of this Commonwealth believe in
meeting wrong with drastic measures.
These men have conspired to take from
its owners their property for which they
paid good money. 1t happens in this in
majority interest McBee and Finch
would not have dared to take private
property, but they thought the State
would supinely submit to be despoiled. 1t
was because they felt they could safely
carry out their conspiracy that they were
| emboldened to undertake it. When they
see that they cannot, upon statements
based upon rumor proceed to live upon
property over the protest of its owners,
but must fight for their lives to keep
out of the penitentiary. such men will
go slow about conspiring to throw solvent
property into their own hands as re-
ceivers. Ordinarily company can bet
ter stand panic, fire and lightning
than a receivership This is particularly
true Of railroads. as the history of Rich
and Danville and other railroad re-
lie ,rships shows.
Conspiracy is a crime under the com
mon law. In the well known case OF State
VS.. Younger. II N. c. 357. the supreme
Court of North Carolina held that "a com
bination of two or more to do any unlaW-
full act. or one preiudicial to another. IS
lndlctaDle at common law as :"
cy"
This case is quoted with approval by
the Supreme Court in the case OF State vs.
Howard. the celebrated Gold Brick case
129 N. c. pig. 66O,) and the words PfH-
JUDICIAL TO ANOTHER are ltahcized
in the opinion of the court IN the doiu
Brick case 1t is therefore clear IN the opiii-
ion OF the Supreme Court OF this State thac
any combination to iniure another is an
indictable offense and punishable as TEL
ony. In the Gold Brick case. Howard was
sentenced to a term of seven years III the
State penitentiary. He had the money
or financial backing to test TINS law anu
carried his case to the Supreme Court OIL
the United States which refused to grant
his petition to over-rule the Supreme Court
of North Carolina and left him to serve
his term.
of Ctafo Younger. Cnl6l