The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-05-31

the Atlantic Hotel, but there was a
remedy for such acts.
Application For Continuance Denied.
question before the court, the advisa-
The judge said there was only one
bility of appointing receiver, and
he could have nothing to do with the
lease proposition. He denied Wo-
mack's application for a continuance
of the case and for a modification of
the order.
OF course, this decision put Wo-
mack and his clients on the side of
the defense.
Finch Made a Party to the Proceed
ings.
Attorney Maxwell read the complaint
from K. S. Finch and the petition that
he be made party plaintiff as a holder
of AZ shares. The Finch and McBee
complaint refers to the arrest of
Finch and on the charge Of conspira-
cy, and declares the action through
out in regard to the proceedings be-
fore Chief Justice Clark was to OBJ
struct this court in the discharge of its
duty. Points in Finch's bill were
practically the same as in Cuylers.
The judge ordered (both sides
agreeing) that Finch be made a party
to the proceedings.
Attorney Clark read the affidavit
were insufficient and that the answer
did not comply with equity rule No.
81.
Attorney General Gilmer said the
answer and demurrer of the state
were combined.
The judge said he had no right to
allow this, the rule being peremtory.
The attorney general said what was
offered was sufficient for the purpose
of the state and entered an exception
to the judges decision.
The judge said he would adjourn
court until three o'clock, at which
time he would hear argument upon
the bill of complaint and answer. He
said he was inclined to think that
there were enough allegations in the
bill and admissions in the answer to
justify the appointment of a receiver.
and he added that the court had no
thing to do with a lease and could not
make one.
Afternoon Session of Court.
After recess, the attorney general
read many affidavits, signed by Presi-
dent Bryan and other officials, as to
the condition of the road. Attorney
Pou offered, on behalf of the railway
affidavitS read by eX-Judge Womack,
and asked that these appear as affi-
davits in this case. 1t was so ordered
He also introduced as affidavit the Az
Swer of the state read to-day, and
then rendered the complaintants any
bond and security the judge may or
der for any damage done them in the
past or future and to pay any sums
adjudged due them in this or other
suits, the purpose being to give the
plaintiff complete protection without
any appointment of a receiver, and
upon the condition no receiver is ap-
pointed.
r Attorney Argo said this proceeding
by the railway authorities was ultra
wires. Clark said it was authorized
Pou said the security rendered would
be unquestioned and ample. Clark
read the report of President Bryan
two years ago on the purchase Of the
Atlantic Hotel, and said the LegiSla-
| ture had never ratified that purchase
He read an affidavit by v. z. McBee
as to-the condition and management
| of the road, this arraigning the man
agement, saying the latter gave passes
| for political influences. copy of the
report of the investigating committee
| was filed as part of NcBees affidavit
MFR. Henry Page on the Stand.
Matt Manly, treasurer of the road
| and Henry A. Page, member Of the
| investigating committee, were sworn
| and Page was put on the witnes:
| stand. He said the committee had
based its report on observation, inves
| tigation and evidence. He was asked
| if he had a copy of the evidence TAX
en-, and said the original had beer
| filed with the Governor and that he
| had a private copy, a carbon copy
| made for his own protection. His at
| torney, Pou, here said that this was
not an official copy, and hence could
! not be used. Day said the plaintiff
| wanted it for use in cross examining
witnesses. Clark declared the car
| bon copy was competent. The attor.
| ney general said it was not. Pou sale
Page put himself under the protec
| ton of the court. Day said a mem
| Der of the Board of Internal Improve
| ments had bought the stenographer':
| notes in this case and the only copie:
| of the evidence are in the possession
| of a person who refuses to give then
| up, but that the matter belonged tt
| the whole people of the state. not Il
| the Governor or the committee.
Jarvis said there was no purpose t,
keep the evidence from the public
that the Governor, who had it all hat
told the newspapers they were wei
come to copy it, if they published i
all.
The judge then ordered that Pag
file the carbon copy, not for use b,
either side, but as a part of the recor,
Of the case. Page went out an,
quickly returned with the carbon copy
He said it was a true copy; that tn
witnesses were duly sworn and wer
cross examined by the attorneys ol
each side, and that both sides intro
duced evidence.
Appointment of Mr.. Meares.
The judge ended the proceeding
Continued on Page Five