The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-18
THE FINAL R0UT OF
ROAD GRABBERS
Judqe Simonton Read the Order and Put the
Courts Approval on the States Solar
PIexus Blow

to sign. Not that these is any objection
to it, but that declined to anticipate the
action in open court. Have counsel any
thing further to say
Then there was pause. Nobody said
anything Nobody rose. The Stiffness be-
came oppressive and it looked as if sud
den dumbness haG come over all, when at
last Mr. c. NJ. Busbee arose.
For the defendant (the State) l have
nothing to say or no motion to make ex-
cept to suggest the signing of the decree
rendered the court Then he resumed his
seat. \
Judge Simonton was for the first time
heard in the matter, and he took posses
sion of the decree, reading it as follows:
THE FORMAL ORDER.
"In the Circuit Court of the Unitec
States, for the Eastern District OF North
Carolina, sitting in equity in Raleigh.
* s. Finch in behalf of himself and of
all the other stockholders of the Allan
tic and North Carolina Railroad Com
pany complainant, VS.. The Atlantic and
North Carolina Railroad Company. de
fendant
This cause coming on to be neard, this
the 18th day of March, 1904, and it APP
pearing to the court that all parties have
agreed that the orders in this suit here
tcfore issued on the oath and 26th days
of February, 1904, and all other orders
herein made, respecting the controversy
cont tanned therein may be set aside, it Is
low, on motion OF counsel for the com
pIainant, ordered, adjudged and decreed
that all of said orders be vacated and
the bill of complaint filed herein be dis
missed. It is further ordered, adjudged
and decreed that forthwith, upon the fill
ing of this order, that V. E. McBee, the
temporary receiver, heretofore appointed
in this cause, turn over and deliver to
the president and other officers of the de
fendant corporation, all OF the property,
assets and effects accounts, cash and
chooses in action, and all other property
and effects Of every nature and kind IS
heretofore fully described IN the orders
filed in this cause, and said railroad, It's
property and effects, be returned to and
Immediately to become under the control
AMI supervision OF said president and
other officers OF said company as fully
and in all respects as the same existed
prior to the execution OF the orders
aforesaid. 1t is further ordered, adjudged
AID decreed that said receiver file an
account of his dealings with said defend
ans corporation in this court for the ex-
animation and approval OF said court, and
upon the approval thereof, said V. f..
McBee, receiver, and the sureties on his
receivership bond, he discharged from all
liability on the same, and that thereupon
the said bond be cancelled and discharged.
II is further ordered and adjudged that
the complainant recover. no costs in this
cause, and that no allowance shall be
made to the said receiver or his counsel
to be taxed against said defendant or paid
out of the assets of the said company,
but said defendant be, and it is hereby
discharged and freed from all liability
of every kind for any costs or expenses
of this proceeding; and that said defend
ant recover of the complainant, K. s.
Finch and the United States Fidelity and
Guaranty Company surety on his prosecu
ticn bond. its costs in this cause to be.
taxed by the clerk.
''And that the defendant go without
day.
(signed) "CHAs. H. SlMoNToN,
"Cireuit Judge.
(Signed) ''THOS. r. PURNELL,
District Judge"
AS Re concluded Mr.. Busbee again arose.
He suggested that as read by Judge Sim
onton the decree failed to name the Surety
Company on Finch's bond it would sbe
best to insert it, Judge Simonton agreed
and wrote in the name, as gwen In the
text of the order
Next Judge Simonton affixed his sigma
ture and Judge Purnell did ditto, the doc
ument going to the clerk. Then there was
-another pause which Judge Simonton
broke by inquiring:
Any other motion, gentlemen
Then the pause referred to before again
came to pass. The people sat, and sat
and then sat some more. Judge Purnell
leaned over towards Judge Simonton and
the two judges confabbed little, and
smiled. And the people still sat and
waited. and looked and looked
at last the services of Marshal Dock
ery were secured and he prodded Court
Crier Rogers into action, who with right
hand up, finders clinched over again re
cited, "The Circuit Court, etc., is now ad-
iourned;. God save the United States and
this Honorable Court" Then he parsed,
looked around and added, It'll further or
ders" Whereat there richochetted rip
ping smile all around the room.
The case was ended. The State had
come back to it's own. The conspiracy
had vanished into thin air. The affidavit
of Attorney General Gilmer was vindi-
Gated once again. The bravery of Cover
! nor Aycock once again was approved
/ The action of Chief Justice Walter Clark
was endorsed. The audience dispersed,
talking of the complete fall down of the
men who had attempted to perpetrate
their grab of the A. ard N. c. Road. and
| in so doing had been guilty of an outrage