The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-04-05

way; that this end was lawful; that
therefore the bill should state the means
and instrumentalities as to how the OBJ
ject was TO be objected to. and these
must be specified.
Attorney General Gilmer followed.
stating that he would confine himself
to the argument to quash. He submit
ted that the bin of indictment charged
conspiracy against the directors of the
railway; that they were public officers
and that for that reason conspiracy
was against the statute making Ii un-
lawful for any person to obstruct a
public officer in the proper discharge
of his duties; that this IS a common
law offense He cited cases showing
that illegal confederation is first or
offense, and that the means should not
necessarily be set out in the bill
He also made the point that when a
conspiracy affects the state, as regards
it's property or reserve. 1t does not stand
upon the same footing as ordinary
conspiracies. He said supplementary
pleading had been done away with in
North Carolina; that the only object
of the bill OF indictment was TO sufii-
GENTLY inform the accused of the
charge against him: that crime of con-
spiracy consists in conspiracy and not
in the execution o. il; that conspiracy,
which affects a large part OF the peo-
pie IS different from one to affect pri-
vate persons.
Judge Brown asked the attorney
general what he had to say about the
request for the bill Of particulars.
The attorney general said the grant
ing of the bill was in the discretion OF
the court; that II the defendants are
not sufficiently apprised of the charge
against them, the state has no deslre 20
refuse to furnish the bill. but what
particulars further than those in the
bill OF Indictment can be furnished,
that the means resorted to by the de-
PENDANTS are matters of evidence only
When asked what he had TO say
about the motion to continue, the at
torney general said the state knew
nothing Of the affidavits until they
were read in court.
Judge Brown said he did not wish 1t
understood that he was to pass on tbs
fact as to whether there was any agree
ment to discontinue this action.
The attorney general said the state
would like to have time to consider
affidavits, that is to file counter arm
| davits.
| Judge Brown said possibly there may
| have been some MISUNDERSTANDING
! about an agreement. and for this rea
son he would consider the affidavlts
| for continuance.
| Attorney Clark followed on motion t
Quasi. He denied that the directors 81
! the railway were public officers. He
| contended that where conspiracy Is
| aimed at. private right or corporatlor
| act is not illegal and therefore thf
| means must be set out in the bill; tina
| maybe a conspiracy is confederation
| to do an unlawful act and that Is III
| dictable. that there is another wher'
| the object aimed at is not illegal. b1i
the means by which the end in view i
| to he attained are illegal. In the frs
| case the act must be set out in the pil
| and in the second the means must p
| set out: that this case falls in the
| second case. He took up each coun
| in the bill and argued that it was ab
| solutely necessary to set out the means
| Attorney Argo next spoke. FOLLOWED
| by Solicitor Jones. Attorney Day clos
| ing for the defendants. He dwelt upol
| what he termed the agreement not Z
| prosecute and urged that the case O.
| continued until the July court. JudS
| Brown took the papers and will OF
| Monday announce what he will do re
| garding various motions.