The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-17

was Ooitcu Wy thC 0tolC'
The astounding revelations made in the
trial of V E. McBee before Chief Justice
Walter Clark have borne quick fruit
The receivership will be dissolved this
morning when the Circuit Court meets
and the A. and N. C. Road will be re-
turned to its president and board of direc
tors who will assume complete control as
before. Tffis, it is understood has been
agreed upon by counsel for both sides in
the suit.
And with this it is also stated that there
is not one cent to be paid out of the
treasury of the road to Receiver McBee
for his term as receiver, or for any ex-
perses incurred by him and Finch in the
way of lawyers fees or other bills. These
must be paid by Finch and Mc-,ee out of
ans payment
The burning theme talked of yesterday
on the streets was of the remarkable
state of affairs and the outrageous pro-
ceedings brought to light by the investi-
CATION before Chief Justice Clark. On
every side could be heard commentator
of Governor Aycock, Aattorney General
Gilmer and the Chief Justice. The argu-
merits OF the Attorney General and of Mr..
G. w. Tillett, of Charlotte, who appeared
for the State, were highly praised by
all.
The Indignation felt by the public over
the state of affairs developed was not
confined only to laymen, but the legal
fraternity and the Federal Court judiciary
expressed the same feeling
Judge Thomas 4. Purnell, who
granted the Finch complaint for the
appointment of a Receiver for the
A. & N. C. r. Il. said;
If the evidence concerning the in
vestigation of this case brought out
before Judge CLARK, as published, is a
true state of facts, tho Court feels that
it has been imposed upon and is highly
indignant"
II is seen from this that Judge Purncll
feel outraged at the imposition he feels
wae practised upon him in obtaining
from him an order for the appointment
Of a receiver for the A. and y. G. by
man who was not legally a stocknolder in
the road and it is certain that he must
regard the conduct of some who were con
nected with the conspiracy as perfidious
and dishonorable, and who were guilty of
a fraud in its inception.
1t was freely said on the streets yeSteF-
day that Judge Purnell had been called
on by the attorneys for McBee to sign
an order dismisslng the reccfvership. A1e
declined to act before today when the
matter is to be heard in open court be
fore Judge Charles H. SImonton, who ar
rived on the 11:45 train last night from
Charleston, via Selma. Judge Pumell
will sit with him.
The McBee attorneys were in a dllema
Yesterday. They felt that their cause was
a hopeless one and they threw up the
sponguc, being willing to agree TO any
terms that might be granted.
But it was unconditional surrender only
that the State would talk about, and it
was this that was finally agreed to. The
report that Judge Purnell was indignant
had reached the receivers attorneys, and
they fully recognized that in case there
was not arranged some way for McBee to
come down, that Judge Purnell, feeling
that he had been imposed upon, would
proceed to dismiss the receiver, without
waiting for move from him.
In the interview quoted from Judge
pdrnell by his authority he states that
lie feels that the Court, has been imposed
upon, and that he is highly indignant. 1t
IS understood that when the receiver is
dismissed this morning that he viii make
similar declaration and have something
to say of the manner in which he was ap-
preached by the men who visited him in
Norfolk to ask for the appointing of re-
cciver.
The case Of the demurrer and answer Of
the State to the Finch complaint and the
asking for the vacating of the receiver
ship will be heard at 10 o'clock this morn
ing in the United States courthouse here.
The order dismissing McBee, which has
bean agreed Ilnon by opposing counsel and