The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-03-27
SENSATIONAL in.
FINCH CASE
Governor Aycocs Denies That i.
. he Agreed Not to Push II
Conspiracy Suit.
FINCH WAS BOUND 'l. VI OVER ": I
Captain Day Rancorous II . Ills s
Remarks About Governor and
IS Called to Order BY Court.
Especial 10 The Times Dspatch1

tsnccial 10 The Times Dispatch0, M
RALEIGH, N. c., March 20,--l'he bind
,ne over 10 Make superior Court Of IS.
s Finch to answer the charge OF con-
spiracy with Captain Y. p. Mcbec IN we
Federal Court reccIHrrshlp proceedings
against tho Atlantic and North Garol,la
Railroad was comparhuvclSga an ihslsillii-
omit tlevcIopment in the hearing III pro-
s,.css liz mist two, days before Chief Jus
lice Clark on tho bench warrant issued
March 18TH
CAPTAIN ". II. Day, first witness to-day
for the State after answering questions
nc ia tho institution Of the rcceiversll!p
,sult8in which lie was counsel for Einch
and AIcBee. and as to the source OF the
money paid to Ed. Chambers Smith on
the. notes for tho Atlantic and North
Carolina stock. proceeded to make q per-
sonal statement that prccipitated n scnsa-
ton. lr
ALLEGED AGREEMENT.
1T was as to the existence of an agree
mcnt between counsel for McBec and
Finch and the Governor that IN CONSIDER
alton of the withdrawal of the complaint
and petition to the Federal Court for tho
receiver the prosecution against McBee
and Finch for conspiracy would be
abandoned. I'll
Is Governor Aycoclt was sent for ana ap-
peared in court before Captain Day was
allowed Ia proceed with his statement.
He then proceeded to tell Of Governor
.Aycocll's sending for Judge Robertson, OF
counsel for McBec and Finch, nlmedl-f
ately after tile McBce hearing. and ask
Ing If something could not be done to
stop the whole thing, and Of an agree
~ niphf and next
morning by which counsel for NlcBee and
Finch abandoned their.receivership case,
having assurance that the solicitor would
not push the cases for conspiracy against
McBec or Finch when they came UP in
the Superior Court.
GOVERNORS STATEMENT.
& Governor Aycock asked to be permitted
to make a statement and reviewed his
conferences with Judge Robertson, which
lie said was in con fidence, Robertson hay
ing the privilege OF informing his asso-
ciate counsel. That Robertson ha dkept
confidence, but he was not surprised that
one Of associate counsel (menning
Captain. Day. had now divulged
II. fle explained that there was
really no agreement, but rather
sort of tacit understanding, through the
soicltudc of Robertson as counsel for
Finch and McBee, that this course could
be taken.
After the Governor left the stand CAPS
tain Day was allowed another statement.
He pronounced the Governors reflections
on him for stating the agreement gra-
tuitous Judge Clark told him lie could
not allow a statement rcflecting. on the
Governor further, Day and the Governor
being now even in that respect. Captain
Day persisted enough to say before he
was cut off that the Governor would not
dare make such reflection on him on the
street, where he (Day) could resent IT.
as lie had made in the court.s
JUDGE ON TIE STAND,
Judge Robertson went on the stand and
reviewed the negotiations between himself
and the Governor corroborating IN manv
manners the statement by the Go2crnnrt
He insisted though that 1t was5an agree
ment in all but name for theNab lndon-
ment of proceedings by sides; that
as a result of it he and associate counsel
abandoned their amendment to the com
plant in. the lecelyership procas ling.
This was for the making of G. p. Cuylcr,
of New York, co-complainailt with
Finch in asking for the receiver and sum
moning new witnesses from Stwbern,
their case being withdrawn.
The whole hearing was intensely in
teres;ing, and held up through the arsu-
ment by counsel. ". B. Maxwell and