The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-15
ARREST In new BERN
To be on Trial Before Chief Justice
Clark on Warrant Sworn Out by At
torney General GiImer in Behalf OF
the People Of the State Which He
is Charged With Damaging to the
Evil Example of All Others in Like
Manner Offending.

Manner offending.
The State of North Carolina through
its Attorney General made an unexpected
mcve in the A. and N. C. r. r. case yes
terday.
Thus far the State has been standing
on the defensive in its efforts to pro-
tect the property of the State and the
private stockholders. Yesterday 1t as
sun,ed the offensive and proceeded to take
active steps against the men who are in
the combine to grab the a. and NJ c.
Railroad.
Attorney General R. D. Gilmer, after
conferring with Governor Aycock and Mr.:
w. C. Munroe, of Goldsboro, attorney OF
the A. and N. C. R. R., and having fully
investigated the matter, swore, out an at1i-
day;t before Chief Justice Walter Clark,
alleging in it that K S. Finch and V. T..
McBee,s ''fraudulently, maliciously, felon-
iorsly and unlawfully conspire, combine,
unite, confederate and agree among them
selves by wrongful, unlawful and Indirect
means = to injure. damage and lmpov-
erish the property of the Atlantic and
North Carolina Railroad Company furth-
er saving that the conduct of McBee and
Finch is such as to damage the State,
to the evil example of all others IN like
manner offending.
This affidavit having been made before
Chief Justice Clark by Attorney General
Gilner the Chief Justice issued bench
warrant for the arrest of McBee and
Finch, returnable bcfc~c hi1a this morn
in.. at II o'clock. I-.e warrant was TO
the sheriff of Craven county, James w.
Biddle. and was taken to New Bern yes
terday by W. C. Munrce, Esq.
Tho warrant of arrest was served on
Receiver McBee in New Bern yesterday
afternoon and Q special from that place
says:
Exciting developments occurred in the
cil cles of tho a. and N. c. ItaiHoao TINS
evening at six o'clock. The news spread
over our city like q prairie hre Deie-
cations have gathered on our corners dis
crssing the question pro and con. Sherih
! w. Biddlc received bench warrant
from Chief Justice Walter Clark to ar
rest Captain McBee, receiver OF the A.
and n. c. Railroad, and bring hlm TO Ral-
eigh. The charge III the warrant, from
information, is conspiracy with X: >
T;r oh to get control of the railroad, and
a warrant is also out for Finch, II he can
be found in the State to arrest hlm also
1t was impossible to get an interview with
the receiver in regards to the aifalrs OF
the road as he was arrested lew mo
ments before train left. Several special
railroad men have been in our city foI
IN. past few days investigating the af
fairs
Receiver McBee reached the city last
II
when he left the city to take charge oi
the A. and N. c. r. r., as it's receiver. He
was brought to Raleigh by Sheriff Blddle
returning as a prisoner under the bench
warrant Issued for him.
X. S. Finch is not in the State, or is
not known to be in the State. IL is un-
derstood to be the purpose OF Governor
Aycock to issue requistion for him, and
tn have him stand trial on the same
charge of conspiracy as Captain McBee.
L is the purpose OF Governor AycocB
and thu Attorney General in these pro
ceedings to probe to the bottom the mat
ter of the action of McBee and Finch in
regard to the A. and N. c. Railroad. the
trial before Chief Justice Clark is expect
cd to bring out many facts kept hidaer
flom the public
II is understood that there have beer
suhpoenaed for the trial this many: Mr.
Ed. Chambers Smith, whose stock in the
A. ard N. c. Railroad is said to be the
ones on which Finch operated 10 graf
tha railroad; Capt. w. H. Day and Col
]. w. Hinsdale, counsel for Finch ant
bIcpce, the stenographers and clerks o
Elpsdale and Day, the managers of th'
western Union and Postal TELEGRAPH
Comranies, and the young ladies' il
charge of the Bell Long 4.-olance Tele
ph0ne. Besides these Governor Aycocl
and Attorney General Gilner VIII bot
nrobably go on the stand
The affidavit of Attorney General Gil
mer is as follows:
state of North Carolina-Wake County
State
VS..
K. S. Finch and V. E. MeBee.