The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-18

having been enacted in order that evil
dence not otherwise obtainable should
be secured. Clark then formally
withdrew all qualifications and admit
ted probable cause. but said he
thoughr when an examination was
waived hat carried with Il probable
cause. Judge Clark announced that
evidence would be taken and the hear
ing proceed regularly.
The First Witness
The first witness was Edward Cham
bers Smith a lawyer. who said he
had sold his ~ mares OF stock in
the railway at par. 500 n share, and
had received Ffnch's note for Il, pay
able in SO days; that McBee had first
approached him and said he knew a
man who wanted TO buy some stock.
and that IN hour later Finch came
along and bought the stock. giving
his note.
Col. Hinsdale on the Stand.
Attorney John w. HinsdaIe. the
next witness a a witness for the
State. He said w. II. Day (another
attorney OF McBee and Flnch). had
telephoned him on February Goth, at
night. asking him TO go 20 Days resi-
dence. He found EcBee and Day
there and was told hat AcBee had
made the Governor a bid to lease
h road. NcBee said he did not see
how he could secure a .enSe under
existing circumstances and SO wanted
a bill fled to bring n about, saying
he wanted the road property leased TO
somebody, but did not wish TO depre-
cate the properly. but to effect n
lease On the best possible terms for
h stockholders. He then had 4
proposition TO lease before the V
ernor, but did not say he had any
stock, but represented some person
who did. McBee said a large major
ity of the private stockholders favored
a lease and he knew of no other way
TO secure it thar n suit in equity in
the Federal Court and a receiver
ship. Finch's name was hen men,
toned as the man TO bring the suit
Finch came here the next day, and
there was another conference. Hins-
dale thought McBee had a prior UNI
derstanding with Finch. At that time
Finch had no stock. Something was
aid about getting Smiths tock
Finch acquired this February 2Sd.
When the preparation OF Finch's bill
Of complaint began he was not Z.
stockholder, but h expectation was
to buy some stock on which to bring
suit, so in the first draft OF the COM
plant the number of shares owned by
Finch was left blank.
Governor AycOck IeStit;eS.
Governor Aycock swore that before
February the 1st, McBee submitted
a bid for the road. w. j. Edwards,
who had been talking about building
a road from Goldsboro to Sanford a
brought in McBee. and they talked 1t
over; then McBee submitted his bid,
proposing TO build a road from New
Bern to Washington, and get a Nor
folk G. Western connection. McBee
saying that Edwards had been try
ing to impose upon h Governor as
20 building from Goldsboro to Sam
ford. February goth McBee submit
ted a second proposition, out on the
23d. before the Governor considered
it, withdrew it and that very day the
bill was fled for receivership. The
Governor had stated the minimum bid
he would entertain and had given in
copies to three bidders, h Raleigh &
Pamlico Sound Railway. the Atlantic
Railway and McBee. On the after
noon of the day the bill was filed,
Finch and Attorney Hin5dale called
on the Governor, saying Finch had
come to see about buying some lake
and swamp lands, but these had been
sold. Finch then said he wished the
Governor would lease the railway, 1t
would be advantageous, and asked If
the private stockholders wanted to
icdSc II "outd ~ ( tiN
States proxy go into the meeting. The
Governor said the law required assent
Of the state. Re asked Finch TO-
much stock he had and Finch snid a
good deal. The next morning h
Governor saw in one newspaper that
a bill had been filed by Finch and the
road placed in Receiver McBee's
hands. Bids are IN the Governors
hands for a lease FOR so years, aver
aging. from the Raleigh and Pamlico
Railway, 5 ner cent. and from anti
railway company, tour and seven
tenth's per cent.
The Defense Introduced 10 Testimony
The defense introduced no testi-
mony. Argument then began. Attor-
neyS Clark and w. S. OBJ. Robinson
speaking for McBee, and Charles ".
T1llett and Attorney General Gilmer
for the State.
McBee Bound Over and Fond Given.
Judge Clark said the a had bet
ter go on to the next term OF Wake
Superior Court and asked what should
be the amount OF bond Two thou
sand dollars was suggested. The judge
ordered q justified bond for that
amount filed with Clerk Kenan, OF the
Superior Court.
McBee ave bond with J. r. Cham
berlain and Nj. T. Leach securities.
rtyE ~ CacEC