The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-31
A True Bill of Con.
spiracy.
Continued from Page One)

and 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-four shares of the capital
stock thereof, OF the par value of one
hundred dollars each. And that on the
23d day of February, 1904, and on di-
vers days Immediately preceding that
| day, X. S. Finch and " e. McBee, late
of the county of Wake, with force and
arms, in the county aforesaid, we'll
knowing that the State of North Caro-
| line owned the said shares of stock in
| the said Atlantic and North Carolina
Railroad CO., and that the people of the
State or North Carolina were largely
interested in said company, and that
the said railroad property was then in
/ the possession and under the control
and management Of its president and
the board of directors, duly and legally
constituted under the laws of the State
of North Carolina and the bylaws of
| the said corporation, did then and
there unlawfully, fraudulently, malic-
iously and feloniously conspire, COM
oine, unite, confederate and agree
among themselves, by wrongful, un-
lawful and indirect means and divers
acts, devices and practices to have
receiver appointed for the Atlantic and
| North Carolina Railroad Co, in order
that they, the said X. S. Finch and V.
e. McBee, might reap the benefits of
the receivership of said railroad COM
10, To hn
of North Carolina, her officers, the
president and directors of the said cor
! DoraUion to the evil example of all 9TH
ers in like manner offending, and
against the statute in such case made
and provided and against the peace and
dignity of the State.
And the jurors for the State, upon
oath aforesaid, do further present 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 AN act TO in
corporate the Atlantic and North Caro-
lima Railroad Co. and the North Caro-
lima and Western Railroad Co." and
that thereafter, to-wit, on the 18th day
of February, in the year OF our Lord
one thousand eight hundred and fifty
five, the General Assembly of the State
OF North Carolina passed an act, rati-
fed on the said day, amending the said
act Incorporating the Atlantic and
North Carolina Railroad Co., authoriz-
ing and empowering the board of inter
nal improvements to appoint eight of
the twelve directors of the said cor
poration to manage, superintend and
control the interest and property OF the
State of North Carolina in the said cor
poration. And that the times herein
after stated, eight directors thus desig-
mated were members of the board OF
directors of the Atlantic and North
Carolina Railroad Co., and in conjunc-
ton 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
F.. d sixty six shores of the said capital
stock OIL 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
tve thousand. three hundred and fifty
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 that date, K. S.
| Finch and " E. McRee, 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 share sof 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 rail
road property was then in the posses
| sion and under the control and man
agement OF it's president and board OF
directors, duly and legally constituted
Yunder the laws of the State of North
Carolina and the bylaws OF the said
corporation, did then and there uniaW-
| FULLY, fraudulently, maliciously and lei
oniously conspire, combine, unite, con
federate and agree among themselves,
by wrongful, unlawful and direct means
and divers acts, devices and practices,
to fierce a lease of the said Atlantic
and North Carolina Railroad Co. 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, and against the peace
and DIGNITY of the State.