The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-16
BUNCO GAME IS EXPOSED
Paid Nothing For Stock, Nothing For
Telegrams, Nothing to Counsel-A
Free Lunch Hold Up.

interest and control of the State in the
A. and N. c. Railroad charged that Finch
and McBee "did, within the jurisdiction
of this court, fraudulently, mallciously,
feloniously and unlawfully conspire. COM
bine, unite, confederate and agree among
themselves by wronguful, unlawful and in
direct means, and divers acts devices and
practices to injure, damage and lmpover-
ish the property of the said Atlantic and
North Carolina Railroad Company, and
to injure, embarras and oDstruct the
President and Board of Directors as Off
GERS of the said railroad company created
and appointed under and by virtue of the
laws OF the State of North Carolina, and
the bylaws of the company, in the regu-
lar operation and conduct OF the busl-
ness of the said railroad company to the
great damage of the State of North Caro-.
lima. her officers, the president and direc-
tors of the said corporation, TO the evil
example of all others in like manner oi-a
Tending. and against the peace, govern
ment and dignity of the State of North
Carolina
The evidence adduced before the Chief
Justice was startling, but it was only by
the utmost diligence that the prisoner at
the bar was brought to a hearing. The
cas-. being called and the bench warrant
returned by Sheriff Biddie. the State an
nounced its readiness. but the defense
plead for more time, the basis oil this
APPEAL being that counsel had not con
suited as to the line of defense. Ten days
was asked for. This was refused and
the defense was granted till 7:30 at night.
This they declined and then, to avoid the
hearing Of the case on its merits. an
nounced they would waive examination
ard admit, within the legal qualifications,
probable cause.
The State opposed this and then long
al gument came from both sides. Chief
Justice Clark at 12:15, announced that
as there was no stenographer present, he
would adjourn court till one o'clock and
then announce his decision.
At one O'Clock the court again met and
in reply to a question from Judge Clark
the defense admitted that their willing
ness to admit probable cause was to waive
the examination. On this Judge Clark an
nounced that the case would proceed and
the States witnesses were called The
efense then admitted ''probable cause
without reservation. but the Chief Justice
cid that it was hls duty to near the
evidence.
Chambers Smith, attorney OF Raleigh on
whose stock Finch operated Coz. J. w.
Hinsdale. OF counsel for Finch and McBec;
Capt. w. H. Day, associated with Col.
Hinsdale in the case; Mr.. +. H. Busbec,
attorney of Raleigh; Mr.. ]. 4. Egerton,
manager in Raleigh of Western Union
Telegraph Company; Mr.. Water Crews,
manager in Raleigh of Postal Telegraph
Company and Mr.. F. C. Duncan, collec
tor Of internal revenue and a stockholder
in the A. and ~ c. Railroad to whom It
IS said an application to buy stock in the
read had been made by finch or McBec.
Later in the day Governor Aycock was
also called and put on the stand.
The witnesses who gave the main facts
in the case upon which McBce was held
are Mr.. Ed Chambers Smith. Col. John
W. Hinsdale and Governor Aycock lne
evidence which they gave revealed the
conspiracy between McBee and Finch,
showed that in all the transactions Nc
Bee, acting either for himself or for oth-
eIs, had been the leading spirit in the
Plot and that Finch was merely cats
paw. used to pull the chestnuts out OF
the fire.
The evidence presented, though from
ssnall number of witnesses, is voluminous,
bu1 boiled down it is simply an exposure
of a bunco game in which neither Finch
nor McBeo invested cent, working the
iead-hcad game boldly and brazenly pay
ug nothing but promises for shaky al
legged title to AZ shares of stock, paying
nothing to the counsel who were furnish
ing the legal ammunition. and dead-head-
ing telegraph messages over the Western
Umon in furtherance of the conspiracy
With which they stand charged.
l5cre is the csc as it appeared with
all technicalities removed. On the night
OF Saturday, February 20, Col. Hinsdaie
~ response TO phone message goes TO
capt. w. II Days house. There he met
McBae and the three conferred, McBec
heiU'ng that as he wanted the A. and n.
= leased the only way to turn the trick
was TO put the road in the Federal court,
ana then into the hands of a receiver A
NONRESIDENT was needed and Finch was