The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-27

GONerlOF, DuC tlere is not one IN any
party who doubts his candor and straight
forwardness, and the attempt to make it
appear that he made any agreement to
stop the prosecution is on a par with
the whole conspiracy proceedings from
start to finish. The attorney for McBee
told the Governor his client had no
ground for recelvership'' (see Mr.. Tillett's
telegram) and after that statement the
Governor of his own volition stated that
the State adminitartsi &c &c. .6........
the State administration would not prose
cute.
The hearing was resumed yesterday
morning at II o'clock instead o flo, the
extra hour having been granted to give
the attorneys more time
When court convened Col. Hinsdale, by
permission of the court, made the follow
ing statement:
| was asked yesterday in regard to a
letter which accompanied the check, and
l stated / had sent it to aCpt. Day. | did
send it to him through the mail, but he
had not received it, and l cannot under
stand it. l wish therefore to state as de-
finitely as l can the precise language OF
that letter The letter was dated Green
vile S. c. 1t was on the paper of the
Grcenville Bank. 1t was addressed to
Capt McBee, co. Capt. Day. The letter
stated: Il enclose, as requested by you,
exchange on New York for $1,000, and
then it made some reference to aCpt Me-
Bees family, and was signed by Mr..
Briggs. The check was cashed by me ana
SO, ESQ of it was handed, as / have testified,
to Mr. Smith, and $3.50 was by Capt. Me-
Bees request handed to me- was not
asked yesterday as to the amount of the
check, and / did not state it, but for fear
that it might be thought l did not desire
to give the exact amount, / do so now.
| | was asked yesterday by the Attorney
! General whether the number of shares OF
stock owned by Mr.. Finch was not left
out of the bill of complaint, forty-five in
stead Of forty-seven, in order to keep 1t
| from being known from whom the stock
was purchased and 1 replied to that that
was so. but that | did not think that the
public had anything to do with it, Mr..
Finch had the right to purchase the stock
| from whom he pleased. I said this In
q positive manner. / was not aware that
said it in a heated manner at all, and
I meant by it simply as I understood the
| transaction to have been bona fide one,
and that Mr.. Smith purchased the stock
| from Mr.. Smith, that it did not concern
anyone from whom he purchased it. The
comment of the News and Observer this
morning that l made this remark IT.
spirit of the public de damned did me,
as think, an injustice. I am surv that
no such spirit moved me, and I don't
| think that the Chief Justice or any OF the
| gentlemen here so understood me.
| think that it was mistake on the part OF
| the News and Observer to make that
I comment on me.
Capt. w. III. Day was the first witness
called He testified as follows:
|, I'm the beginning of the transaction l
was approached about this matter and told
that some private stockholders wanted to
bring a bill in equity to get a lease o.
this road, the understanding being all the
time that the object was to procure a
| lease so as to make the property product
i've to the owners, public and private. I
sent for Col Hinsdale and told him of it,
and he and I discussed the matter. The
vergiage Of the bill, l think, is almost eX
clusively mine. After the bill was drawn,
knowing that Wake court was two weeks
in session here and that had from eight
to twenty railroad cases that would take
the entire term of the court, and that Hal
flax court would follow, l said to Mr.
Finch that l could not give him the at
tention that this case required That my
first duty was towards my other clients,
and my advice to him was to get some,
body else, and I recommended to him w.
w. Clark, Of New Bern, first because /
thought he was one OF the first lawyers
in the State, and second, because he was
Io
equipped for that work Rad railroad
cases set in Halifax court for Thursday
of the second week of this court When
this matter was discussed about sending
the money, it would has been sent to me
but for the fact that | expected to be gone,
and told them so, and told them to let it
come TO Col. Hinsdale, because he would
be here. But before came letter came.
My recollection is that the letter was adj
dressed to Col. John w. Hinsdale, or w.
Fl. Day. The letter, at any rate came in
to my hands and I opened it. and found
this check for $1,000. l knew what the
check was for I enquired il Col Hins-
dale was in town, and was informed that
he was not. / then sent for his son Ohm
and told him that / had the money to pay
Tor that stock, half of it, and as soon as
his father reached town to give him the
money and let it be paid over 1 remained
| in Raleigh until Sunday morning. engaged
IN The court here, and then l left for Hal
TAX, and the next / heard of it l think
was after the bench warrant was issued
Col. Hinsdale phoned me up in Halifax
and said that the bench warrant had been
issued for McBee, and said that he and 1
mad been subpoenaed and our stenogrl
piers and clerks. / said, That is a pref
~ rowdy do I said if the train had not
gone that would take me to Raleigh in
time Tor the hearing, / would come. did
not get here until Wednesday morning
lie said in that conversation he had not
paid TINS money to Smith Col Hnsdale
SAID that Said what do you think of it.
what do you think of paying it now.
said 1t don't make any difference about
paylng 1t now. In the meantime Victor
Boyden care to me-
| =. (By Attorney GENERALLY "Why did
you make that statement that it was not
necessary to Ray it them2' A. st would
have raised cry that we were irving TO
| concea! something. That is why I said If
| TIo