The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-29
(Special to The Messenger

L
Raleigh. N. c.. March 26.-The hear
ing of the Finch case on the charge of
conspiracy with McBee in procuring a.
receivership for the Atlantic and North
Carolina railway took a new and sur
prising turn today. The star witness
at the McBee hearing was Attorney
John w Hinsdale and today the star
witness was W. H Day, introduced by
the state. He became very warm atj
times. particularly towards the Gov
ernor, and quite so towards his asso-
ciate. ex-Judge Robinson.
Attorney Hinsdale the first witness.
said the letter from Greenville, S. c.,
from a bank president to w. II. Day.
contained $2,4OO. of which s2.2oO was 20
be paid to Ed Chambers Smith on az
count of the note which Finch had
given smith for the latter's shares OF
stock in the railway the other $3.50
being for McBee.
Witness Day told about the bringing
of the suit in the rece1verShip matter
by Finch and McBee. He referred to
what he termed an agreement which
had been made by his associate coun-
sci. Robinson with the Governor by
permanent receiver for the Atlantic
and North Carolina railway was to be
dismissed, upon the condition that Nc
Bee and Finch were not to be punished.
Day said If he had been present at this
conference with the Governor he would
have objected to the dismissal OF the
bill. as he believed the latter would
hold. He learned of the agreement
from Robinson. w. w. Clark and So
licitor Armstead Jones. He said Rob
inson had first asked il this foolishnesa
could not be stopped.
At this point the Governor entered
and what Day had said was read TO
him
Day asked many questions Of At
torney Robinson to support his state
ment that there had been an agrce-
ment To these questions. Robinson
replied that the Governor did send for
him and he was very glad he did so,
because he saw there was no chance at
all for his (Robinson's) clients and ne
would have been willing to go down on
his knees to the Governor in interces-
sion for them. He and the Governor
talked freely. He expressed in the
highest terms his admiration for me
Governor. Robinson repeated what
was said at the conference by the Gov
ernor to his associate counsel.
Day said what he said was in justice
to himself and Robinson. because some
newspapers were continuously declar-
ing there was no agreement.
Robinson objected to Days question.
and said that he was here representing
Finch. He then fatty objected to these
questions, saying he had some rights as
counsel. Judge Clark said Day cuuid
proceed.
Day continued. saying he understood
that the Governor had said he would
promise any thing to have the suit in
the federal court end. that Robinson
went to see the Governor again. The
Governor said he wanted to consult the
attorney general and his associate
counsel, Charles W Tillett. also Editor
Daniels OF the News and Observer, as
the latter had been his staunch and
. loyal supporter: that r. T. Gray went
to see Daniels and the latter said the
arrangement would be all right, but the
next mornings News and Observer
came out with the statement that no
compromise or agreement had beeu
made. that it had gone out to the world
that the whole thing had been an ao-
solute surrender by Finch. McBee and
their counsel Then Robinson, when
he went to see the Governor again, said
he took w. w. Clark there in orde"
that he might be a witness. but ii a
day or two Attorney Tillett came out in
an interview declaring there was no
compromise at all Day told Robin son
that the time had come. I'm justice to
himself and his clients to talk. Rob-
inson said whatever the Governor said
would be the truth. Robinson went
with solicitor Jones to see the Governor
and then toud Day what the Governor