The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-04-05

hdlelSn, y. -. ApE4l 1--~r Jul AiIolAOAS
were presented to the Superior court
this afternoon by the attorneys of V.
T. McBee and K. S. Finch, of New
York, charged with conspiracy in OBJ
tanning a receivership for the Atlantic
and North Carolina railroad. two
thirds state property.
These were, first for bill of partic-
uIars. second to quash the indictment,
third denying the Jurisdiction Of the
court and saying the case should be
tried by the Federal court, fourth
asking for 4 continuance.
The attorneys urged for d cOntinu-
ance, stating they were not ready as
they had believed there was an under
standing to stop the case. McBee filed
an affidavit alleging undue expenses
in running the road making improper
contracts for supplies and giving free
passes 10 local attorneys of the line
of road and boarding people free at
railroad hotels. This the president o:
the road denies in a telegram tonight.
Judge Brown agrees to a continuance
Of the trial and has the other motions
under consideration. The attorney gen.
eral is appearing with the solicitor.
Especial to The Messenger)
Raleigh, N c., April 2.-Marked in
terest was shown in the hearing of ths
motion in the. case of Finch and Nc
Bee. charged with conspiracy be'
Judge Brown in the superior court.
They were present with their attorneys,
w. Il. Day, w. W. Clark. I. n. Argo,
+. II. Busbee and w. c. Maxwell John
W. HinsdaIe and W. S. OBJ. Robinson
not further appearing in the case. The
state was represented by Attorney Gen
eraI GiImer and Solicitor Jones.
Attorney Argo read the letter 70 the
solicitor, requesting the bill of parucu-
lars Of the facts upon which the state
relies TO convict. He said the solicitor
had refused to grant the request, and
he asked an order for such a bill. He
also moved to quash the indictment.
stating that his side did not wish tn
lose the effect of that motion by Plead
ing. He further stated that the de-
Tense would demur to the jurisdiction
of the court. cOntending that accord
ing to the United States statute il is. II
anything crime to cOnspire to wrong
ly influence a Federal court He addeG
a motion to continue the case.
Solicitor Jones moved that the motion
be passed upon before the affidavits
were read. This affidavit was then
read McBee, the receiver of the rail-
way was arrested by the sheriff al
New Bern, on q bench warrant and hur-
ried before Chief Justice Clark anC
upon his arrival was Informed tha
John W. Hinsdale. his only counse
within reach. had been subpoened q;
witness for the state. no time wa:
given to consider His motion to waivC
examination was not allowed and tbs
hearing was had, at which Hinsda!e
his counsel under fear of contempt O
court and in the absence of his ellen
Finch, was made to testify to the e
tire conversation with Finch. McBe'
and other witnesses, and required L
give evidence Of his knowledge or thu
case: that during the hearing befor'
Judge Clark, McBee saw Governor Ay
cock and Attorney Robinson in clos
conversation in the court room; tha
Immediately after the hearing ended
Robinson said in no uncertain Ian
guage that the Governor had told hin
if McBee would resign his receivershi
and Finch withdraw his complain
within twenty-four hours before tn
Federal court the warrant OF arres
would be cancelled and prosecution b
discontinued; that he refused to resiS
his receivership on any such conditions
and especially without words and in
Structions from Judge Purnell; tha
Attorneys Hinsdale and Robinson
counsel for Finch, refused to confe
further with McBee, and decided 1
withdraw Finch's bill of complain
then pending and thereby relieve Enc
from criminal prosecution; that Atto'
new Clark advised him he had no othe
course but to accept the terms wh1c
had been put upon them by duress, an
that naturally if Finch's bill was with
drawn the receivership was settled
and that Clark would also agree to offs
a settlement and would join az 4 part
in signing the degree which was hand
ed to the court. This agreement
settle and to sign the decree was doT
under direct duress OF criminal prose
cution; that a bench warrant W.
sworn to by the Attorney General, u
sued by Judge Clark and served II
the sole purpose of obstructirg the a.
tion of the Federal court by forcing II
withdrawal of the suit then pending
that court absolving the receiversh
under -duress, and forcibly taking II
railway property from the Feder
court and returning it to the officers
the road.
@A.4 h.