The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-22
Especial to The Messenger


Raleigh, N. c., March 17.-Al in
terest here today conferred upon the
hearing of the states motion for the
revocation of the receiyership of the
Atlantic & North Carolina Railway
by Judge Simonton, with whom Judge
Purnell sat in the Federal Court room.
The room was packed. many nOtables
being present, including several State
officers and many members of the
Democratic State committee, visiting
lawyers, etc. The Governor was not
present. 1t was well known last night
that the receiyership would be re-
Voked
All sorts of comments have been
heard about the bold attemDt to taka
the road One prominent Lawyer said:
"McBee made a great bluff, but Chief
Justice Clark called it McBee was q
hot air man."
Last evening w. w. Fleming, an
attorney of New York, arrived here to
join in the ~reCeivership proceedings.
He said he represented an old-time
stakeholder of the road. but as soon
as he foun how the land lay here he
saw nothing was to be done and so
returned to New York. leaving on the
midnight train. He thought the re-
ownership was a bona fide affair
Ed Chambers Smith who sold. on
agreed to sell. K S. Finch his fortv-
seven shares of stock in the Atlantic
& North Carolina road, is paid $2.250
$4,000 due on the note Finch gave
for the stock. 1t is whispered that
Fleming paid this money. It was
paid in cash. Mr.. Fleming said he did
not represent Finch, but added that
he was sorry about this termination
of the receivership matter. 1t is
earne that Finch said at Charlotte
after tine receivership that he owned
no stock and had no interest in the
road. Finch's bond in the Surety
Company IS only 5000
The hearing was in some respects
odd. Judge Simonton had come here
upon a motion lodged by counsel for
the defendant, to-wit., the State AM
the Atlantic and North Carolina Rail
way, to vacate the order heretofore
made by Judge Purnell, the appoint
ing receiver. But before court D IL
Vened an order, agreed upon by coun-
sci representing both the complain
ant Finch and the defendants, tO-wit.,
the State and Railway. had been
drawn and submitted to Judge Purnell.
who declined to sign it, but deferred
any action until in open court tod.Gy.
This order was left last night in Judge
.PurnelI's possession. Attorneys for
the State present today were Attorney
General Gilmer. A. d. Ward, w. 9.
Honro and ChaS. NJ. BuSoee. Mon
roe being attorney for the railway.
"nue cOunSSI on tne oIneT sue were
John W. Hinsdale, w H. Day, w 3
OBJ. Robinson and w. w. Clark.
Judge Purnell said:
In the case OF Finch against the
Atlantic & North Carolina Railroad, a
decree has been rendered to the
judges. which / declined to sign Inst
night. We will hear from the ounse
not that there is any objection to
the decree. The case has been set
down and 1 declined to anticipate it.
Have the counsel any motion 70 make
in that case further?"
Charles NJ. Busbee, for the State,
said that counsel for the defense had
nothing to suggest except that the
decree be rendered to the court.
Judge Simonton then read the de-
cree and said surety ought to be given
in it this having been left blank.
Mr.. Busbee said it was the Philadel-
phia Bonding and Surety Company.
Judge Simonton then filled it in.
The audience watched and waited
and hoped for some further happen
ings, but nothing more occurred, the
whole session being very short. 1t
was not known what Judge Purnell
might say to McBee and Attorneys
Day and Hinsdale, but he was very.
very reserved, merely speaking in a
low voice to Judge SimOnton. 1t was
the last act of this strange drama OF
1904, which will long be remembered
in North Carolina and which VIII go
down into history as one of the most
remarkable happenings In legal, or
for that matter, in railway annals. The
hcBee boom, which went up like a
~skyrocket, came down like a stick.
Brief indeed was its exisfence-bare-
~ 81 days.
The order as signed by Judges ST.