The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-29

had said Later Day telephoned Solic-
itor Jones and asked If he had gone to
see the Governor. Jones replied that
he had. Jones said the Governor did
not deny anything Robinson had said
The Governor said he had not made
any agreement in regard to a c,ompro
mise. Jones stated to the Governor he
must have some instruction and UNDER
standing in regard to the suit against
McBee in the Wake superior court
that If there was an agreement, he
wanted to know it: that the Governor
positively stated there was no agree
ment but that he would let Solicitor
Jones know about the matter on Sat-
urday, as some matters were pending.
The governor had received information
that Finch was coming to Raleigh for
hearing. Day asked Solicitor Jones
if Robinson had not told him Gones)
that the Governor said there would De
no trial at this term and McBee could
go home. Jones said the Governor had
said McBee could go home and if re
were needed hec ould be telegrapher
for.
Carl Duncan was asked if he knew
who paid $2.25O to Ed Chambers Smith
and replied that he did not. He added
that the statement that he (Duncan)
had paid it. was untrue.
Governor Aycock was sworn and
gave the story of the whole transaction
as to so-called agreement. He satd
Robinson and himself had a talk during
the trial of McBee and from Robinsons 8
statement he saw the latter felt that
his client was in bad shape. The Ques-
ton was asked if it was not time for
things to stop. Robinson came to see
the Governor the next day and he said
things looked very ugly for his folks
and that he wanted to get out of it;
that he could not ask for an agree
ment. but he would agree to any terms.
The Governor said he could make no
agreement. because in the first place
the matter was in the hands of the
court. and secondly. as Governor. he
had no right to make any agreement.
He said to Robinson that the latter
knew him as well as any living man
and knew that he was kindly natured
and had no disposition to hound any
body down. The Governor said he
thught after the people got in a good
humor after this McBee hearing, they
would not care whether he went to the
penitentiary or not The Governor
added that he had accomplished all h.,
had set out to accomplish. which was to
show that the people OF North Carolina
could not be dealt with in this sort of
fashion and their property taken in
such high handed manner.
Robinson said he had some doubt
about the position of the News and
Observer. r. T. Gray went to see Ed
itor Daniels and said the latter stated
that If they got out of this thing, he
would have nothing more to say. He
(the Governor) entered into no agree.
ment that McBee could not be prOsecu-
ted. He was not in a habit Of giving
instructions to solicitors and the latter
would not take instructions from linn
If he did give them.
Robinson cross examined the Gov
ernor and asked the latter if he had not
regarded the conversation as confiden-
tial. The Governor said yes. but tha.
he did not think it a violation Of ccn-
fidence for Robinson to state 1t to his
associate counsel: that he assented to
Robinson'S request that he could tell
his associate in the equity case in the
federal court Robinson and Tillet1
went to see the attorney general. The
attorney general and Tillett were un-
willing to enter into an agreement 10
stop the prosecution If the proceedings
in the federal court were stopped.
Robinson stated he had a supplemental
bill. making one. Cuyler of New York
CO. complainant with Finch. The
Governor said he had not secured the
witness and he made Cuyler a code
fendant with McBee. Robinson adrcit-
ted he was certainly very anxious
about his client McBee. The Governor
said Robinson had drawn very strong
differences as to any agreement Rob
inson said he wanted to get out OF any
suspicion that when he took Clark to
see the Governor ii was as a witness
The Governor said he was perfectly
satisfied with the statement as to this.
Robinson brought Solicitor Jones to