The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-27
Leads all North Carolina L)aies i'm News and Circulation

ESS N&fASG<EA - e&.2s ~ NSsA%
right l said telegraph Smith and get him
here and let the money be paid. That was
prior to giving the check to John Hins-
dale That is all / heard of it until the
conversation had with Col. Hinsdale over
the phone in Halifax
@. You say that came in check from
| Greenville, S. C. Do you know who pro
cured that check from the bank in Green
vile, S C.?'' A. IF you had asked me
yesterday, 1 would have said Mr. Finch.
You ask me today and after CONVERSE
tion with Col. Maxwell, I learned differ.
entity
@. eff I had asked you on yesterday,
why do you say you would sd NIr.
Ffnch?' A. ~ thought it was Mr.
Finch, because he was the plaintiff in the
suit and l knew he had purchased the
stock from these gentlemen.
@. ''You have learned since 4'~I Mr..
Finch did not pa the money!" A. "No.
l told you 1 had heard it. I don't know
the fact now
@. do you know where Capt. McBee
was when this letter was received by you
from South Carolna?" A. "In New
Bern
| g. Did you have any reason to be-
| lieVe from any conversation that you had
had with Mr.. Busbee that you would re-
Ceive a letter. A. Il cannot tell
whether the conversation was with . C.
Bee OF with Finch. but I expected that
money here, because / had understood
that the money would be sent here at
once. l said in law l did not think il
would vary the transaction, but if the
stock weer paid for it would be better"
| @. you don't know who furnished
! that $4,000, do you?" A. 'Of my own
knowledge, no, except what l told you I
heard from Mr. Maxwell this morning l
! don't know that l ought to tell that con
versation. l have nothing to conceal,
however"
! CAPT. DAYS STATEMENT.
g want to make a statement At the
first hearing l was not here, because l
| did not have notice of it in time / am
| here now because / heard of this thing in
Halifax last night, and l have come here
1 want to state that if | had been present
when this arrangement was made by the
! Governor l should have objected to it, l
mean. the agreement that these prosecu-
tons should be stopped if they woul con
sent to ismiss this suit
g. by the Attorney Generally From
whom i you obtain the information to the
effect that there was an agreement in this
matter?' a. From Judge Robinson,
from 4 letter from w w. Clark, and from
Mr.. Armistead Jones over the telephone.
| When | got to Norlina Col. Skinner told
me about this agreement and l was sur
prised. / came here and went to Col.
Hlnsdales office and found Col Hinsdale
Judge Robinson and Mr.. w W. Clark.
| Judge Robinson then told ne that the
| Governor had sent Tor him during the
prosecution and the examination before
the Chief Justice, and asked him if this
foohshness could be stopped.
This brought Judge Robinson to his
feet He said:
"Will Your Honor let me make state
ment right here? When the witness was
turned over to us for ross-examination
we did not desire to cross examine him.
Now, | believe | have never been on the
witness stand but once or twice and /
think | have the authority of Governor
Aycoclk that | failed to. tell the truth.
both CT those times. | wish to make this
statement. Governor Aycock did send for
me to come to him, and WEI had a confer
| enCe. 1t is well known that We are from
the same town where they raise honorable
men. We talked and we talked freely
The truth is, | repeated what was said
between Governor Aycock and myself, and
while L am up here now | i'll say that
the Attorney General was taken into the
conferences. l was delighted that they
sent for me, because it they had not sent
Tor me | was gong to see them and got
ten down on both knees. We did have
same arrangement. / know that this ar
rangement would have been carried ult
if Mr.. Finch had not come back | know
there is no secret between those gentle
men and myself, but / don't wan it to be
inferred that l have varied from my
course in life by worming myself into the
confidence of gentlemen and then betray-
ing the confidence"
THE ARGUMENT.
When court reconvened at three o'clock.
Mr.. Maxwell addressed the court on be-
half of his client, Mr.. Finch. He began
by explaining that Mr.. Finch knew moth
ing OF all the matter that had been
brought out during the morning regard
ing any arrangement that might have
been made. MI Finch, he said, came
here with no complaint against the Cover
nor, but merely to answer the charge
against MIN He didn't want to be CON
sldcred, said Mr.. Maxwell, a fugitive from
Justice He came to answer this case
uron it's merits, and not to seek that
it be dismissed because 81 any arrange
ment that might have been entered into
He did not object to these gentlemen eA-
planning their connection with any such
ARRANGEMENT. if they felt that they were
aggrieved in any way
Then Mr.. Maxwell went on to say that
he had known MI. Finch Tor many years,
that he was q man OF family, and had
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