The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-20
How v. E. McBee and X.
S. Finch Couspired
THEIR UNLAWFULACTS
Under Four Counts The State Files Its
Bill of Particulars Alleging In De-
tail the Crimes for Which Nc
Bee and Finch are
Indicted.


The State of North Carolina yester
day filed in the Superior Court of
Wake county the bill of particulars re-
quired by the court in the case of K.
s. Finch and V. E. McBee charged
with conspiracy in the case of the A.
& n. c.. Railroad receivership, the
bill of particulars being signed by r.
d. Gilmer, Attorney General of North
Carolina, and Armistead Jones, Solici-
tor of the Sixth Judicial District Of
North Carolina.
In the Indictment found by the
Grand Jury at the March term, the
defendants Finch and McBee, were
charged under four separate counts
that they ''did unlawfully, fraudulent
ly, maliciously and feloniously con-
spire, combine, unite, confederate and
agree among themselves by wrongful,
unlawful and indirect means and di-
vers acts, devices and practices"
First-'To injure and impoverish
the property of the A. & n. G. Rail-
road Company, and to injure, embar-
rass and obstruct the President and
Board of Directors as officers OF the
said railroad company.
Second-"To fraudulently deprive
the President and Board of Directors
as officers of the A. & n. G. Railroad
Company, created and appointed un-
der and by virtue of the Laws of the
State of North Carolina, and the by
laws of the company, of their said Of
fees and the property of the said COM
pany, with intent to fraudulently de-
prive them of the possession thereof.
Tiird-"To have a receiver appoint
ed for the A. & N. G. Railroad Com
pany in order that they the said *.
s. Finch and V. E. McBee, might reap
the benefits of the receivership of the
said railroad company"
FOurth-"To force a lease of the A.
& NJ c. Railroad Company"
To each of these four counts the bill
of particulars in substantiation is con-
cluded in the same language ana
makes the same allegations. The par
ticulars given in the First Count are
published in full, and the entire Bill
of Particulars will be understood by
remembering that after the allegation
of unlawfully conspiring in each
count, these particulars appear after
the charges enumerated above, follow
ing First Second, Third and Fourth.
BILL OF PARTICULARS.
The Introductory, and the bill of
particulars to the first count are in
full as fOlIOWS:
estate of North t,arolina-Wake Co.
"In the Superior Court.
| estate VS.. K. S. Finch and V. u. Nc
Bee.
"Bill of Particulars.
'In obedience to an order of the
Court made herein at the March
Term. 1904, of said Court requiring
the State of North Carolina to furnish
the defendants with bill of particu-
lars of the offences charged in each
count of the bill of indictment herein,
the State of North Carolina, through
the Attorney General and the Solicitor
for the State, files the following bill
OF particulars:
"To the first count of the said bill
of indictment, charging that the de-
fendants did unlawfully, fraudulently,
maIiciously and feloniously conspire,
combine, unite, confederate ana agree
among themselves, by wrongful, un-
lawful and indirect means and dlVers
acts, devices and practices to injure
and impoverish the property of the
Atlantic & North Carolina Railroad
Company, and to inJure, embarrass
and obstruct the President and Board
| of Directors as officers of the said
! railroad company, created and ap-
pointed under and by virtue of the
| laws of the State of North Carolina,
| and the bylaws of the said railroad
company, the said State of North Car
olina files the following particulars:
THAT in the early part of the
month of February, 1904, the defend
ant " e. McBee, proposed to His Ex-
cellency Charles b. Aycock, Governor
OF the State of North Carolina to lease
| the property of the Atlantic & North
| Carolina Railroad Company, and
| there being others desiring to lease
| the property of the said railroad COM
pany the said Governor, a few days
before the goth day of February, 1904,
gave notice to the public that he would
receive bids for the lease of the prop
erty of the said railroad company up
| to the 9th day of February, 1904
that the said defendant V. Z. McBee,
| on the goth day of February, 1904,
made to the said Governor another
proposition to lease the property of the
said railroad company. and before the
said Governor had time to consider
this proposition, tho said defendant
on the night of the said 10th day of
February. 1904, employed counsel and
commenced to prepare to enter suit in
the Federal Court at Raleigh, said
/ State, in the name of the defendant
| K. S. Finch. who claimed to be a resi-
/ dent of the State of New York, appar-
entity to force lease of the said rail-
| road, and to take the same into nos
session by procuring the appointment
| of the defendant V. E. McBee as re-
ceiver of the property of the said rail-
road company. That the defendant X
S. Finch, while acting in concert With
the defendant V. E. McBee, as chafged
Continued on Sixth Page.)f