The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-31
A TRUE BILL
OF CONSPIRACY
Found Yesterday by Wake County Grand Jury
Against X S. Fitch and v. {.
McBee.

ton to manage, Superintend and con-
troll the interest and property of the
State of North Carolina in the said cor
poration; and at the times hereinafter
stated, eight directors thus designated,
were members of the board of direc-
tors Of the said Atlantic and North
| Carolina Railroad Co., and in conjunc-
tion with four directors, appointed by
the private stockholders, superintend-
ed the affairs of the said company, and
that the State of North Carolina is the
owner of twelve thousand six hundred
and siXty-six shares of the capital
stock of said corporation, of the par
value of one hundred dollars each, and
the stockholders, other than the State
of North Carolina, are the owners of
five thousand three hundred and fifty
j four shares, of the capital stock there
of, of the par value of one hundred dol
! lars each. And that on the 23d day of
February, 1904, and on divers days i'm
mediately preceding said date, X. S.
Finch and " E. McBee, late of the
county of Wake, with force and arms,
in the county aforesaid, well knowing
that the State of North Carolina owned
the said shares of stock in the said At
lantic and North Carolina Railroad Co..
and that the people of the State of
North Carolina were largely interested
! in said company, and that the said
railroad property was then in the pos
session and under the control and man.
agement of it's president and the board
of directors, duly and legally constitut-
| ed under the laws of the State of North
Carolina, and the bylaws of the said
corporation, did then and there unlaw-
| fully, fraudulently, maliciously and fel-
oniously conspire, combine, unite, con-
ifederate and agree among themselves,
by wrongful, unlawful and Indirect
means and divers acts, devices and
practices, to injure and impoverish the
property of the said Atlantic and North
Carolina Railroad Co., and to injure,
embarrass and obstruct the president
and board of directors as officers of the
| said railroad company, created and ap
pointed under and by virtue of the laws
OF the State of North Carolina, and the
| bylaws of the company, in the regular
operation and conduct of the business
of the said railroad company. to the
great damage Of the State OF North
Carolina, her officers, the president
and directors Of the said corporation,
| to the evil example of all others in like
manner offending, and against the stat
ute in such case made and provided,
and against the peace and dignity OF
| the State.
And the jurors of the State upon
| their oath aforesaid do further pre-
sent. 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 Assembly OF
the State of North Carolina, passed an
| act. ratified on the said day, entitled
IAN act TO incorporate the Atlantic 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 hun
dred and ffty-fiye, the General Assem-
/ bly, of the State of North Carolina
passed an act, ratified on the said day,
amending the said act Incorporating
the Atlantic and North Carolina Rail
road Co., authorizing and empowering
the board of internal improvements to
appoint eight of the twelve directors
Of the said corporation to manage, SUI
perintend and control the interest and
property of the State of North Carolina
in the said corporation. And at the
| times hereinafter stated eight directors
thus designated were members OF the
board of directors of the said Atlantic
and North Carolina Railroad Co., and
| in conjunction with four directors, ap-
pointed by the private stockholders
superintended the affairs of the said
company, and that the State OF North
Carolina is the owner of twelve thous
and six hundred and siXty-five shares
of the capital stock of said corpora
ton, of the par value of one hundred
dollars each, anu the stockholders, 9th
or than the State of North Carolina
are the owners of five thousand and
! three hundred and fifty-four shares OF
| the capital stock thereof, OF the pal
value or one hundred dollars each
And that on the 23d day OF February
1904, and on divers days Immediately
proceeding said date, K. S. Finch and
". r. McBec, late of the county OF
Wake. with force and arms, in the
county aforesaid. well knowing that
the said State of North Carolina owned
the said shares of stock in the said AT
lantic and North Carolina Railroad Co.
and that the people of the State OF
North Carolina were largely interested
| in the said company, and that the said
railroad property was then in the pos
session and under the control and man
agement OF it's president and board OF
directors, duly and legally constituted
under the laws of the State of NORTH
Carolina. and the bylaws of the sale
: corporation, did then and there unlaw