The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-31
UPON FOUR COUNTS

Next Week. Both Finch and McBee
in the City. Argo and Shaffer and
F. H. Busbee Retained by Defense.
The grand jury of Wake. County Su-
perior Court yesterday returned true
bill for conspiracy against X. S. Finch
and V. E. McBee. who contrived to have
the Atlantic and North Carolina Rail
road thrown into the hands of a receiver
by Judge Thomas R. Purnell, of the Fed
eral Court here, and to have v. E. McBee
appointed receiver. The State, support
ed by a majority of the private stock
holders of the road, appealed to Judge
Charles H. Simonton, of the United States
Circuit Court of Appeals, to have the
order appointing receiver vacated.
While this appeal was pending. the State
brought charge of conspiracy against
McBee and Finch. and Chief Justice
Walter Clark issued bench warrants for
them They were tried before Judge
Clark, and each was bound over TO court
under $1,000 bond. When the case was
reached by Judge Simonton in the Fed
eral Court, he vacated the order and dis
charged the receiver, Judge Purnell con-
curing with him after he had learned the
evidence adduced in the trial before Chief
Justice Clark.
Now the grand Jury returns as "a true
bill'' the bill of Indictment. drawn by
IL ri T..
brought into court yesterday Just before
the adjournment for dinner, by Foreman
S. W. Brewer. of .the grand jury. 1t is
understood that only three witnesses were
examined by the grand jury, Governor
Charles B. Ayccck, Mr.. Ed. Chambers
Smith. and Col John w Hinsdale. Mr.
L. C. Duncan, Manager Edgerton of the
Western Union Telegraph Company, and
Manager Crews, of the Postal Telegraph
COMPANY were also summoned. but it is
understood they were not examined.
The bill of indictment is in four counts
for conspiracy to injure and inipoveTlsh
the property of the road and to injure.
cmbarrass and obstruct the President and
officers of the road; conspiracy to fraudu-
lently deprive the President and Board
of Directors of their offices and the prop
erty of the company; conspiracy TO have
a receiver appointed for the road in order
that they might reap the benefits thereof,
and finally conspiracy to force a lease of
the railroad.
The case will come up today on a mo-
tion to set date for the trial. 1t will
be impossible to reach it this week. be-
cause two capital cases are set. one fer
today and one for tomorrow So. if it is
reached at all this term, il will te next
Wcer.
Messrs Argo & Shaffer, and f. II. Bus
bee have already been retained by the
defendants.
Solicitor Armistca6 Jones was inter
viewed yesterday concerning the time OF
the trial of Finch and McBee on the four
counts in the bill of indictment.
do you think the trial will take rlace
ct this term?" he was asked.
Il think so,'' was his reply. Il see no
reason now why the case can not be
reached. Yes, think it cen be reached
at this term"
The court which is in session is a
Criminal Court and it is to hold for two
weeks. The docke. is known to the So
licitor. ard as he sees the work ahead
he is the best authority or tie subject.
Both Captain Finch and Captain McBee
are in the city, and both are under a
$4,000 bond The bondsmen of Captain
McBee are Messrs. NJ. T. Leach and j. r.
Chamberlain, while Captain Finch's bonds
man is Mr.. w. F. Moody, chief clerk in
the Office of the State Treasurer.
The full text of the bill found by the
grand jury is as follows:
State of North Carolina-Wake Co.
In the Superior Court, March Term,
1904.
The jurors for the State upon their
oath present, that heretofore, to-wit:
On the 9th day of December, in the
year of our Lord one thousand eight
hundred and fifty-two, the General AS
sembly CT the State CT North Carolina
passed an act, ratified on the said day
entitled "An act to incorporate the At
lantic and North Carolina Railroad Co
and the North Carolina and Western
Railroad Co." and that thereafter, to
wit, on the 18th day Of February, in
the year of our Lord one Thousand
eight hundred and fifty-five, the Gen
eral Assembly of the State of Nortf
Carolina passed an act, ratified on thu
said day, amending the said act incor
porating the Atlantic and North Caro-
lima Railroad Co., authorizing and EN-
towering the board of internal i'm
provements to appoint eight of th'
twelve directors of the said corpora