The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-03
MCBEE-F[NCH CASE
WAS CONTINUED
Bill of Particulars Asked, Also Motions to Quash
Indictment and Remove to the
Federal Court

argument. The judge took MS seat at
twenty minutes to rnree o'clock
Col Argo arose and said that Oh the day
before the counsel for Messrs. McBee and
Finch had written to Solicitor Armisfead
jones, asking for bill Of particulars as
to each count particularly The solicitor
had refused to receive the request, and
therefore Col. Argo said the iette" w2s
served by the sheriff. Then TIE solicitor
had refused 10 furnish the bill requested
and therefore this petition was presented
to His Honor, praying Tor an order IRON
the Judge requiring the solicitor ID tut
nish the bill of particulars setting iorth
definitely the means by which the alleged
| crime was committed Col. Argo contend
ed that In Il case of this kind where The
means were not specified, it was the Gus
| tomary practice of the courts to order ii
bill specifying the means.
Judge Brown asked if counsel had the
1oth North Carolina, State against Brady.
This was produced and read by Col Argo,
who said that the opinion in that case set
forth that it was the usual practice 10 re-
Guire a bill of particulars in such eases
where it was applied for.
In addition to that Col Argo said they
moved to quash the bill OF indictment,
and also made motion asking the court
to dismiss the charge on the ground that
it WAS exclusively cogniable in Federal
Circuit. He said he considered that If any
crime had been committed 1T was exclus-
| lively cognizable in Federal Court, as the
alleged conspiracy was one against the
laws of the United States. since The Fed
eral Court was involved. Then there was
also, said Col. Argo, motion to Continue,
based upon an affidavit. Finally Col. Ar-
90 asked that they might he allowed 10
argue all the motions together He then
started to read the, affidavits.
Solicitor Jones objected 70 the matter
Of continuing the case being entered into
until the motion 20 quash hal been set
| tied.
| Judge Brown decided that he would
| hear the affidavits as to a continuance, in
order to expedite matters. in case ne
/ should refuse to grant the motion to
! quash. This latter motion could not he
decided without some consideration.
Then an affidavit by Mr. w. w. Clark
| of New Bern, was read by Mr.. Charles u.
Harris, at the request Of Col. Argo. The
affidavit contained the story Of the allcg
ed agreement" with the Governor to drop
| the prosecution, being much the same
matter that Capt. Day testified To before
Judge Clark. The affidavit concluded by
SAYING that in consequence OF the forcgo-
| ing statements his client WIS not ready
/ to proceed to trial at this term OF court
! Then Col. Argo read an affidavit from
/ V. L. McRee, declaring that the state
ments in the foregoing affidavit were true,
| and stating that he had gone to New
York and had made no preparation fer
! trial under the impression that there was
to be no prosecution. Then followed
] long dissertation on the condition of the
| Atlantic and North Carolina Railroad, set
! ting forth Cart McBee's opinion as to the
management on the part OF the, State, of
course described as rotten in particular
and in general.
| judge Brown asked as to all the evil
| dence counsel proposed to get, how was 1T
relevant? he asked.
| Col. Argo said he would explain that al
ter he read the affidayits.
! The aftiant. Capt McBee, declared that
! IT was unsafe for him to come TO trial
without witnesses to testify to the Eek
! travagant" and RECKLESS conduct of the
railroad and the hotel.
| Then another affidavit from Capt. Nc