The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-03
Case
Continued.
Continued from Page Nine.)

winch were furnished them.
| That affiant in support of said allega-
! ton IN reference to the management of
said road, refers to the affidavits of J. e.
Turner, manager of said hotel and of
Mary Baker, cashier, both of whom are
now out of the State, and whose deposit
tions atfiant desires to have taken, under
the laws regulating the taking of deposit
lions in criminal proceedings, copies OF
which affidavits are hereto annexed.
This affiant AYERS that so far from in
juring or intending to injure the Atlantic
and North Carolina Railroad or its stock
holders by any act of his, that during the
seventeen days he was in charge OF the
road as receiver, he received, paid out on
| deferred accounts, and turned over to the
treasurer, the sum of $50, 1929, which was
81, 1850 per day, and, if he had continued
for the full month, the relative receipts
continuing, would have amounted to $685.
0f36o. He invites a comparison with the
returns and receipts of James A. Bryan,
president, for the preceding March, which
would show IN excess on the part OF af-
| fant in these comparative months of $22,-
1879.
That affant is informed and believes
and expects to prove many facts in addi-
ton to those hereinbefore specifically re-
cited 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 reckless and extravagant,
and detrimental to the interest of the stock
holders and of the State, and resulted in
worse condition than that depicted in
the report of James A. Bryan, president,
fled In September, 1903
That affiant is informed and believes
| that it IS absolutely essential to his de-
| tense that the facts herein rected and
many others, should be proved on the
trial of this action. and that he cannot
safely come to trial in the absence of the
witnesses to establish such facts. That
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 attend
ance or to take their dispositions, at this
term of court.
This atfiant further AYERS, states and
swears, that he expects to prove, not only
the truth of the specific facts set out in
the bill i'll equity filed in the Federal
Court, but generally that the affairs and
business CT the Atlantic and North Caro-
lima Railroad Company has been unskill-
fully, carelessly, improvidently and cor
ruptly managed, and that the road has
been operated and run in the interest of
the State administration, and largely with
a view to create and perpetuate political
influence in favor of said administration;
and further, that the funds and money
of the said company has been in many in
stances unlawfully misspent and diverted,
and especially in the purchase of the At
lantic Hotel property at Morehead City,
North Carolina, in the operation of which
the management of said railroad lost over
IS, 900 during the season of 1903, and that
said loss was largely due to the fact that
the officials OF said road, their families
and their friends and friends families
were boarded and furnished and fed and
wined free of charge ard at the expense
of the company. and that these latter facts
he expects to prove by ]. T. Turner, man
ager of said hotel, and Miss Mary Baker,
VINO was employed at said hotel during
said season, as is shown by their aft
davits, to which reference has heretofore
been made in this affidavit. and by 9TH
ers, whose attendance cannot be secured
at this term of this court
| Affiant further states and expects to
prove that the first suggestion of filing a
bill in equity in a United States Court
was made by one OF the largest private
stockholders of the company, with assur-
ances that he would join in the complaint.
and his association of stock interest OF
others Of the largest private stockholders,
favored lease and would also join in the
bill.
! Affiant further states and expects to
prove that the market value of the stock
of this road Immediately advanc-
ed fifteen dollars a share, upon the pub
hcation of his appointment as receiver Of
the property.
| Affiant further stated and expects to
prove that in no wise was his conduct or
that of his alleged co-conspirator, repre-
hersible or Gecetfully employed to induce
the approval of the bill in equity. or his
appointment as receiver by his honor,
Judge Purnell
| List of local attorneys for the years
1903 and 1904 as copied from the records
of the Atlantic and North Carolina Rail-
road Company is hereto attached, and
made part of this affidavit.
V. E. McBEE.
Sworn to and subscribed before me this
31st day of March, 1904.
PHILIP II. BUSBEE. Notary Public.
List of local attorneys for the Atlantic
and North Carolina Railroad for the years
1903 and 1904
Armistead Jones.
G.. L. Alternately.
p B. Glenn.
George Rountree.
n. T. Rouse.