The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-03-16
CONSPIRACY
The CHARGE.
-, -- ----.--
Receiver Of Atlantic and North
Carolina Ordered by Court
Held for Trial.
PLACED Fl. UNDER .| E: BOND
Finch Gives His Note for Forty
six Shares and Returns Shares
to Seller as Collateral.
PLACED UNDER
s,;pecla, 10 .rhe Times. Dispatch,

especial TO Tie Times !spntch)
TALEIGTi,bs N. CT. March B.--Cnpthin
VIC. A1cBce, receiver offhe Atlantic and
North Carolina Rallrond, under order
or the Federal Court. was to-day placed
under q $500 bond by Chief Justice Wal
ter Clark. OF the State Supreme Court
for his appearance at crimnel Court
here to answer To the charge OF con-
spiracy with X. s. Finch to injurc and
lmpovisll the States property the At
lantic and North Carolina Railroad
The proceedings lasted ncary five
4 hours and It WAS lstn this evening whei,
argument having been concluded. Chief
+ Justice Clark announced the bond ne
would require.
Tho next Criminal Court Will meet here
March 18th, Judge George r. Brown, w,
presiding.
A SHARP CLAsI.
The inquiry opened and closed with u
sharp clash between counsel for the
State and the attorneys for Receiver NC
Zee ". W. Clark, Scwbern. and ex-
Judge w. S. OBJ. Robinson. Goldsboro,
counsel for defendant. asked q cont'hu-
ance for ton days III order TO prepare
their case. Attorney General q. p. Gll-
NOR, G. 7. TiIlett, Of Charlotte. and W;
c. Munroe. counsel for the State, argued
that this was simply an investigation to.
lind probable cause, and they held tue
matter OF such grave moment 10 me
State thatsthc3 delay should not be grant
ed. The chief justice held OH the lat-
tcrs side. MIR. Clark said that Receiver
McBee would waive examination. Justice
Clark inquired II defendant admitted
probable cause and Clark said he did so
technically for tho purpose OF waving ex-
animation, but even this move failed to
head Oft examination OF witnesses Tor
the chief Justice decided this point Win
tho State.
Only three witnesses OF Importance
4 were examined: MIR. Ed. Chamhera
smith. a. lawyer. OF this city; Colonel John
~. llinsdale, or Raleigh: Attorney Finch
y ir. having a recciver appointed, and Gov
eInpr Aycock. .i a..71
PECULIAR TRANSACTIONS.
From these witnesses the State de-
Quoted the facts, that Captain McBee APP
= nroa chcd Mr.. Smith February ed With
an inquiry IL he had any stock ir tho
Atlantic and North Carolina Ratlrond 10
sell and tho result was that Finch cana
10 him that evening and bought his forty
seven shares a par on nirety days tlme,
J Mr. Smith holding tho stocks IS security.
\ MI. Smith knew nothing Of the object OF
tina purchaser. From Colonel Hinsdale
II was learned that he was retained Feb
IL.
Captair. Days with Mr.. McBee, and
another conference Monday. February
nd. at which Finch was present. There
tho suggestion was made that Dir, Finch
acquire stock and bring the suit. This was
dono accordingly. and Finch swore to
the bill 1'ucsdayEight February I'D. and
Colonel Hinsdaie, Captain McBee ana Mt.
Finch went to Norfolk and got the order
appointing a receiver signed by Judge
4 purrell Governor Aycock testified that
Captain NruBee made a proposition to.
lease the road February 9Th This the
Governor considered and declined. Asec-
nnd ana better proposition was made by
Captain McBce February 10Th. but on
the o3d 1t was withdrawn.
On the Afternoon. of tho latter date
Finch and Colonel Hinsdale came to see
him about some swamp land. and on
leaving Finch spoke to him on the SUBJ
ject of the lease. and the Governor ir-
Tuired how many shares he had. Finch
replied "a good many" Next Governor
!, Aycock knew n receiver had been named
II Colonel IIir.sdale swore that the only
!, object IN applying for a receiver was to
+ .ive the stockholders CHARGE to vote on
ftsv question OF leasing the road. This
opportunity was being denied by the
withdrawal OF the State proxy every time
shey tried to vote Furthermore. that the
1 application for receiver was to give all
"a chance before the stockholders and let
4 them lease the road to the party offer
ing tho highest price. He said McBccl
represented to him that the parties he
represented desired to establish a through
line north from Newborn. by Ederton
and Norfolk, to establish competition with
I tho Atlantic Coast Line. which now
!, monopolizes that section,
Ftl 1890