The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-30
No Agreement Between
Governor and Attorneys
of McBee and Finch.
LAW TAkESlTS COURSE
Robinson Corroborated Gov
ernor Aycock, as Against Days
Hearsay Testimony. His
Clients Were in Nigh
ty Bad Fix.
Editorial Cor. Charlotte Nows)


somewhat stirred up by the proceedings
before Judge Clark on Saturday, in the
hearing on the Finch case 1t resents, as
decent men everywhere will resent, the
crHor Aycock would not dare to say to him
on the street what he said in the court
room The Chief Executive of North
Carolina could not forget the dignity OF
his position, and Days bluster was as
safe as it was characteristic. Was there
q decker between the administration and
the attorneys of these conspirators to the
cf,ect that if the receivership proceedings
were dropped, there would be no criminal
prosecution for conspiracy? Ordinarily
it would be enough TO saw that Governor
Ayccck denies it, and bill Day aftrms
it. But the Governor told on the stanu
Saturday OF q series OF conferences be
tween himself and exJudge Robinson,
which make an impression not as favor
ahlc TO the Governor as the whole truth
would nave been. The reason the Gov
ernor could not tell the whole truth is
that he labors under the disadvantage Of
being q gentleman, and cannot afford To
have it straight" that ex-JuGge w. IS
OBJ Robinson knew that his clients were
IN the mischief of fix. 1t is known that
Mr.. Robinson some times talks with ms
mouth With the first nearing or the COZ:
spiracy case before Judge Clark, he saw
what mis- associates apparently did not
see; that the doors OF the peniteniIary
were about to swing open Tor Recelvul
McBee and Orator Finch. 1t IS said that
his language was quite picturesque. 1hlA
scribe laDors under a disadvantage IL
transcribing it exactly. But Sin the Park
Hotel, to other people, and in his confer
cnce with Governor Aycock--though [
did not get this from the Governor, liz
spoke. after this style: .r.t.-.
Amt / in blank of 4 fix? don't
know anything about the case. Got into
it without knowing anything about il
On of the attorneys has run away, aiid
the other has turned States evidence.
We haven't got any case, and what II
the blank shall we do? In all my practice
OF the law l never have appeared 70.
such blankety fools and thieves. If ]
could get out OF it without iniurins the
blarkety scoundrcls, / would do it
bIarkety quick. Blankety blank and so
on.
1t is well known that even on the bench
Judge Robinson had horror uf mans
going to the penitentiary. And this is
the secret of the whole business; he saw
these blankety clients of his mighty close
70 the penitentlary. AND they didn't
seem TO see it, and neither did his asso-
GATES So he went to ''toting homes" as
ne put it-carrying the bono from one
side to the other. 1t was In the frame
of mind of man looking for SOFT place
to fall that he approached Governor Ay
cock Just after one or MS associates had
turned States evidence" he was IL
the position OF the man who had the bull
by the tail, was anxious to turn loose. "A
Governor Aycock IS anooner man WHO
hates TO see a. fellow go to the penluen
tiary. The victory was already complete
Even the Federal Judge who had granted
the receiyership was mighty indignant,
anc was talking about contempt proceeu-
ings because he had been imposed upon.
If Governor Aycock made any mistake
it was that of being too magnanimous in
the hour OF signal victory.
Robinson said on the stand that If Gov
ernor Aycock had not sent for him he
would have gone on both knees anu
begged the Governor and Attorney Cen
eruI
The stenographic account OF saturdays
proceedings, .wnicn is good deal better
than that O. prejudiced Or accommodate
ing reports, SHOWS that Governor Aycoci-.
Attorney General Giluer and Mr.. c. w.
Ti)iett ell refused to make any sort o.
{ greement or have any understanding
about dropping the prosecution. 1t may
De said that Governor Aycock IL TOO goou
a lawyer to be caught in any such trap,
and l happen TO KNOW that he ndd askcG
advice which put him more tnan eve,
on his guard. He bad resolved. So rar %
his own initiative was concerned, TO drop
the prosecution. not in order that the re"
ceiyership might be dismissed. That ques
ton had already been practically settled
nv the damaging evidence that Disguised
Judge Purnell; but the Governor, origin
ating the action through the Attorney
General. had gotten the case in the hands
of the solicitor of the district. He has
gwen no instruction to the solicitor. This
is confirmed by the solicitor and Judge
Robinson. TIL. conspirators were afraid
of the News and Observer. Jcsephus
Daniels declared himself satisfied 50 far
as any pressing for the conviction OF the
men was concerned. 1t is not the bust
ness of newspaper to clamor for con
viction when the case is in the courts
But Saturdays proceedings pui new
face ON the whole business. Ono OF the
attorneys tries to convert natural reel
iIs OF generosity toward fallen Zoe INTO
a lew deal, with compromise OF primer
Pie. The impression was made by talk
on the streets that McBee had actually
come out ahead. (They say hc looks
ten years older; broken man, 1t was
asserted that the Governor had promised
that there should be no prosecution and
that the road should be leased. II would
rave been good thing if Finch and MIC
Bee could have adjourned ''sine die,
which being interpreted means without
Day. But he represented them and if