The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-04-08
McBEE'S AFFIDAVIT.
ACKNOWLEDGMENT OF THE A &
n. C. RAILROAD.
Some Startling Revelations Made by
Him and Others-List OF Local
Attorneys-The Deal With q Colds
boro Corporation-Free Board at
The Atlantic Hotel for Friends Of
Railway Officials-That Proxy Com
mittee.

Saturday by Mr.. McBee in the indict-
ment now pending against him and Mr.
n in Wake superior court:
North Carolina, Wake County
In the Superior Court, March Term,
1904.
STATE VS.. FINCH AND McBEE.
v. e. McBee being duly sworn, says
that he has read the affidavit filed
by w. w Clark in this case, and that
all the statements made therein with
reference to matters n things which
transpired in atlantis presence are
true. That affiant is informed and
thoroughly believes that all the other
statements in said affidavit are true
Ihat IN consequence of the absolute
agreement which affiant was informed
by his counse had been entered into
by the governor of the state of North
Carolina to drop the prosecution of this
action against him and his co-defen-
dant Finch. for conspiracy, afiant left
the state of North Carolina and went
to the city Of New York, where his
business then called him, and. remained
there in confident reliance on said
greement until notified, during the pre-
eht week that said agreement would
not De carried out, and tina a bill
Woul be sent against him, and if a true
OH was returned that he would be
prosecuted at this term of the superjor
court OF Wake county. That afiant left
tne state OF North Carolina with the
consent and appreciation of the govern
or n the solicitor, understanding and
oelIeVlng, IN pursuance Of said agree
Ihent, tnat he would not be called out.
That affiant reached the CITY of Ra-
.elsn on the morning of Tuesday, March
~ !SO4- mat in consequence of afi-
ants relying upon said agreement as
ne had a right to do, afiant has made
40 preparation whatever for the trial
OF SAID action, n that it has been
ana VIII be an impossibility for afi-
ant 10 make proper preparations TO trv
said action at this term of court. ON
account Of the short notice which he
mas mad that the said agreement would
De violated. n hat said prosecution
would be pressed.
That affiant is advised, Informed
and believes that it is material for his
oe1ense to prove the t~ruthfulness of
tne allegations set out in the bill I'm
equity filed in the case OF K. G Finch
VS.. The Atlantic and North Carolina
Naliroad Company, in the circuit court
OF the United States, a copy of said
Dali in equity is hereby referred to.
M af1ant. is Informed and believes
DAT it is particularly material that
ne should show the truth of the allie
cations made in said bill, and the facts
IN proof thereof. in regard to the mis-
management of the Atlantic and North
Carolina railroad, whereby no suffi-
Nent revenue was earned to enable
SAID road to pay a dividend, or to
maintain its road bed and right of way
IN a safe condition, or to provide It
self with necessary n proper equip
meat.
And afiant is further advised and
believes that he will be able to prove
from the records of the railroad COM
pany and from the testimony Of credi-
Die witnesses. the truthfulness of the
allegation in the bill that The road
has been n is now being run largely
as a political machine; that many use
less and expensive employees have been
foisted upon the railroad in the pay
ment of political obligations Of those
who are potent in Its management:
that contracts AVE been made at ex-
trayagant prices for supplies and fuel,
and the same has resulted in large loss
to the stockholders; numerous free
passes have been given which are o
authorized by the laws of North Caro-
lima. but in disregard of such laws.
That for the alleged service on a proxy
committee Of the stockholders. a large
number of men, to-wit.: thirty-four,
have been granted annual passes over
the road for the alleged service Of an
hour or two in verifying proxies at
an annual meeting, many Of whom,
W fourteen, as atfiant is inform
ed. are not even stockholders of the
company. That under the transparent
disguise of local counsel, many men
influential in North Carolina politics,
have been granted annual passes as
local counsel. many of whom reside a
great distance off OF the line of the
said road. and have never given and
could not reasonably be expected to
give any legal service whatever. in
consideration Of annual transportation.
Some OF these live in remote sections.
and others are not even engaged in the
active practice OF the law: and afiant
IS informed and believes that giving
them passes is an attempted evasion
OF both the letter and spirit OF the
North Carolina statute, and Is in direct
disregard Of the interests OF the stock
holders. And afiant is informed and
believes that in one group of thirty
four counsel, only eight live upon the
line of the road. n of these four
live in n town. which is not the home
Office of the company.
Aho( diAidul Will OS dDIc = PIONc.
as he is informed and believes, that
in h purchase OF oil for the use Of
the railroad. a favored bidder. to-wit.:
The National Oil Company, has been
permitted to furnish oil of the various
grades and qualities used in railroad
operations. at a price largely in ex-
cess Of what the same or equivalent
grades OF oil were offered by other
responsible bidders. n this continued
for several years. That in addition
to the excessive price paid for oil, the
company contracted to furnish and
Gid furnish to the managing agent. of
the selling corporation. free transpor-
tation over its road. And he further
expects to prove hat the managing
agent of this oil company was there
after appointed soliciting agent Of the
Atlantic n North Carolina Railroad
at a nominal salary, for the sole pur-
pose OF securing for him transporta-
tion on other roads; that the members
OF this corporation, created by the