The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-04-08

of him n the sum of three thousand
dollars $4,000; that a bond was ten
dered. as affiant is informed and be-
lieves. with the Atlantic and North
Carolina Railroad Company as sure
ty: that this bond was refused. ano
subsequently a bond was rendered by
]. A. Meadows and ]. J.. Baxter as
sureties. which was accepted That al
the time OF the execution OF said bond
by the said J. A Meadows and J. J.
Baxter. a bond was executed to them
by the Atlantic n North Carolina
Railroad Company. through its presi-
dent, James A Bryan, and its secre-
tary. ". Manly. to indemnify them
from loss as sureties il said bond.
That affiant is informed and believes
that the Atlantic and North Carolina
Railroad Company advanced to said
Bryan Ives the sum of thirty-eight
hundred dollars, G3,SGO) with which
to buy the necessary equipment TO
| cut and get out the said wood. with
no security therefor. That affiant Is
informed and believes that the said
Bryan Ives is a man of small property,
and that he was to pay to the states
prison one dollar a day as hire for each
OF said convicts. and that he was to
furnish quarters for them. And afi-
ant is informed and believes that the
Atlantic and North Carolina Railroad
Company. at an expense of seven hun
@Ny ioNsNVJ 1oAA
structed for said Ives the said quar-
tiers. Affiant is informed and believes
that the Atlantic and North Carolina
Railroad Company was to pay to the
said Ives two dollars 49, 0) per cord
for said wood, less % cents per cord
stumpage. and that affiant is informea
and believes hat each Of said convicts
could reasonably cut two cords OF
wood per day. That in addition to the
said price to be paid as aforesaid for
said wood. aflant is informed and be-
lieves hat the Atlantic and North Car
DINA Railroad Company hauled all the
~provender and men of the said Ives
free of charge. and paid his pay-rolls
weekly. And saffiant is further in
formed and believes that the road
master of said road was instructed to
a K out said wood in the woods. and
allow credit for the same at said price.
And afiant is informed and believes
that under the terms of the said cen
tract, there was a profit Of at least
$500 a a for somebody.
That affiant expects to prove that
at the time the said bill was filed, there
were eleven agents of the said rail-
O company who had defaulted in
their settlements, and had been short
for months.
That afflant is informed and believes
and expects to prove that much freight
was being hauled over the said road,
without being billed or any account
thereof being taken by the company,
and that settlement for the freight so
handled was made. upon he statement
of the consignee alone.
That affiant is informed and believes
and expects to prove that the said rail
o a company purchased. the Atlantic
hotel property at Morehead City. at a
large price. and spent a very large sum
in its repairs; and that the said COM
pany operated the said hotel during the
summer of 1903. at a net loss of over
$4,000. lat affiant expects to prove
that during aid season, many guests
at said hotel did not pay and were not
required to pay board for their accom-
mediation, or for the liquors which were
furnished them
That affiant in support Of said al
legation in reference to the manage
ment of said road, refers to the affida-
Wits Of j. E. Turner, manager Of said
hotel, and of Mary Baker. cashier,
both of whom are now out of the state,
and whose dispositions affiant desires
to nave taken. under the laws regulat-
ing the taking of depositions in GRIM
inal proceedings, copies of which afh-
davits are hereto annexed.
This affiant AYERS that so far from
%injuring or intending to injure the At
lantic and North Carolina railroad or
it's stockholders by any act OF his,
that during the seventeen days he was
in charge of the road as received, he
received, paid out on deferred accounts
and turned over to the treasurer. the
sum of $780, S5. 90. which was S1,775.6O
per day. and. if he had continued for
the full month, the relative receipts
continuing, would lave amounted to
$50, 043. so. He invites a comparison
with the returns and receipts OF James
A. Bryan, president. for the preceding
March, which would show an excess
on the part of affidavit in these COM
parative months of S22,4SS.79.
That affiant IS informed and believes
and expects to prove many facts in
addition to these hereinbefore specii-
cally recited, extending up and down
the line of the entire road. all of which
will show and tend to show that the
management of said road was reck-
less and e~xtravagant, and detrimental
10 the interest Of the stockholders and
Of the state. and resulted In a worse
condition han that depicted in the re-
port of James A. Bryan, president,
filed in September. 1903.
That affiant is informed and believes
that it is absolutely essential to his
defense that the facts herein recited
and many others should be proved on
the trial of this action and that he
cannot safely come to trial in the alb
sence of the witnesses to establish such
facts. THAI the witnesses reside in
many sections of the state of North
Carolina, and some are out of the state
and it will be absolutely impossible
for him to procure their attendance
or to take their dispositions. at this
term of court.
This afiant further AYERS. states
and swears. that he expects to prove
not only the truth Of the specific facts
set out in the bill in equity filed in
the federal court. but generally tina.
the affairs and business OF the Allan
tic and North Carolina Railroad Com
pany has been unskillfully. carelessly,
improvidently and c~orruptly managed.
and that the road has been operated
and run in the interests of the state
administration. and largely with a
view to create and ~perpetuate politi-
cal influence in favor of said admins
tration; and further that the funds and
money of the said company have been