The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-03

direction. Competition in business impov
erished men every day
As to the count of fraudulently depriv
ing the president and board of director:
of their property and offices. M. Clark
declared the act itself Of depriving one Of
property was not of itself unlawful, for it
might be accomplished by legal means
Taking a mans office could also be &C
complished by perfectly legal means. a
corporate body could do that; it could be
done by public election. But the word
''Iaudulently' qualified the act; it told
the means by which it was done.
1t WAS not illegal to have a receiver ap-
pointed. That was done by the courts,
and was ii illegal to take that which the
law handed out
Force a lease! Wrong to force lease!
i Why, don't the majority always force a
lease? He had a right to force a lease,
whether he was in majority or a minor
ity. 1t was a conspiracy to force a lease,
what became of that conspiracy that came
10 head at that New Bern meeting when
the States proxy was run out of the
meeting?
Solicitor Jones stated that in the char
ter of the A. and N. C. Road it was agreed
that The State should have the right 10
appoint eight directors.
Capt. Day said it struck him that Il bill
of Indictment ought to show that crime
had been committed, and if there was no
offeEse, then the devices by which the act
was accomplished must be shown in order
to make clear what offense was charged
This was practically all that Capt. Day
had to say on the legal side of the ques-
ton. But he went on and said
This is the same old story known the
world over. Mankind cruelty their saw
Tors. | repeat it, mankind cruelty their
saviors Then came panegyric upon
the magnificent services of Capt. McBee
how he hal penetrated the mountains OF
! Western North Carolina by his nerve, his
force. What was his crime? He had laid
bare the facts in the worst managed piece
OF property in the State. This thing had
been a fostering sore in the body polite
of North Carolina for fifty years And
now Capt. McBee had laid it bare The
people of North Carolina would finally rem.
der a true verdict when they at last
learned the facts. OF course demagogues
would mislead them, and they would do
cruel things.
If the man who had issued the bench
warrants had been merely magistrate
Capt. Day said he could talk, but that
man was in the highest judicial position
| in the State. and he must perforce keep
! stjll. For The first time in the history OF
100 years in North Carolina, a defend
ant was told he could not waive an ex-
animation. That man could not have
stabbed the commonwealth deeper if he
had tried than by this act that deprived
a citizen of his rights. And the papers
and then Cappen Bilday made a character
istic speech
CAPT. McBEE'S AFFIDAVIT.
The following is the text of the affidavit
filed by Capt. V. E. McBee yesterday af-
ItcInoon:
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.
i w. Clark IN this case. and that all the
statements made therein with reference
to matters and things which transpired
: in atlantis presence are true. That affiant
is informed and thoroughly believed that
all the other statements in said affidavit
are true. That in consequence of the
absolute agreement which affiant was in
! formed by his counsel 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-defendant
| Finch, for conspiracy, affiant 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 agreement until
notified, during the present week. that
said agreement would net be carried out,
and that bill would be sent against him,
and if a true BIN was returned, that he
would be prosecuted at this term of the
Superior Court of Wake County. That
affiant left the State OF North Carolina
with the consent and appreciation of the
Governor and the solicitor. understanding
and believing, in pursuance of said agree
ment. that he would not be called out.
That affiant reached the city of Raj
| eigh on the morning of Tuesday, March
| Goth 1904. That in consequence of affi-
Iant'S relying upon said agreement, as he
had q right to do, affiant has made no
preparation whatever for the trial of said
action, and that it has been and will be
an impossibility for affiant to make proper
preparations to try said action at this
term of court, on account of the short
notice which he has had that the said
agreement would be violated. and that
said prosecution would be pressed
That affiant is advised. informed and
believes that it is material for his defense
to prove the truthfulness of the allega-
tons set out in the bill in equity fled in
the case Of X. s. Finch VS.. The Atlantic
and North Carolina Railroad Company,
in the Olrcuirt Court of the United States,
Ia copy Of said bill in equity is hereby re-
ferred to.
That afliant is informed and believes
that it is particularly material that he
should show the truth of the allegations
made in said bill and the facts in proor
thereof, in regard to the acknowledgement
OF the Atlantic and North Carolina Rail
road, whereby no sufficient revenue was
earned to enable said road to pay a divi-
dend, or to maintain its road bed and
right Of way in a safe condition. or to
provide itself with necessary and proper
equipment.
And affiant is further advised and be-
lieves that he will be able to prove from
the records of the railroad company and
from the testimony of credible witnesses,