The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-03-20
EFFORT TO ANNUL
THEA Nc.
Argument Before Judge
Long Yesterday.
CLAIM SET FORTH
A Strong Array of Legal Talent. The
Contentious OF The Pla!nints and
The Answer of the Defendants
in This Celebrated
Case.
HY EDWARD T.. BItIITO\.

New Bern. \. G.. March 1.-THE
now famous case Of Hill. Foy ana
others against The Atlantic and Norm
Carolina Railroad Company, ana 9TH
.rS. to annul the lease OF the Old Mul-
let road, made on September /. 1904
to the Rowland Improvement COM
pany. came up for argument mere TO-
day i'm the Superior Court of Craven
county before Judge Benjamin /.
Long. Of ~Statcsville. a jury trial was
waived by both sides. n HIS HoloT
performs the functions of both Judge
and jury. Each side Was represented
BY able counsel. Together, the aWHef
constitute one Of the most brilliant ar
rays of legal talent ever seen IN the
state.
Ex-Governor Aycock's voice was
ringing out clear. deliberate, calm and
the very air seemed surcnarGed WITH
electricity, as today in the court mouse
here he delivering his argument TOY
the validity of the lease of the Atlantlc
and North Carolina Railroad, he
charged bad faith. dishonesty and IN
-ighteOuSncS upon the parties VINO
asked for its annulment. .
1t was the argument of an able and
learned advocate and the address OF
an a orator whose personal 1eellngS
were tttIDlN 1ohlt'l 49,, u III N
ton to appearing as cOunSe for Inc
Atlantic and North Carolina Company
Ex-Governor Aycock was defending i'll
court perhaps the most important ana
far reaching act OF his ddillllSlfd-
ton. He was deeply in earnest, yet ne
was calm and collected, his voice Vi
brating with the intense feeling he
manifested. but yet strictly under con-
troll. His chin was marked in It's
squarenesS as he spoke, and his eyes
were intent with the fighting look. AS
he spoke the silence about him was
OF the quiet forest, the breath of the
onlookers came slow and all eyes were
fixed on the eloquent speaker.
The plaintiffs are represented by
Speaker of the House owen II. GulOn.
for years one of the leading lawyers
in the state, q man of great ability,
and Il man whose friends and the pub
lie believe will attain to still higher
hOnors. Another of plaintiffs counSe
is Hon. William W. Clark. President
Cleveland appointed him United states
district judge to succeed Judge Sey-
mour, out the Senate. being Republic
can, did not confirm him. After Pres
ident CIeVeland'S term expired, PreSi-
dent Mckinley filled the place by the
appointment of Judge urn Mr..
Clark for years has been one of the
foremost lawyers in the bar OF Eastern
North Carolina. Another Of the plain
>tiff's counsel is Hon. Larry |. Moore,
of GrcenvilIe. \. G., Solicitor of the
Third Judicial District, general Coun-
sci of the Raleigh and Pamlico Sound
Railroad Company, president of a
bank at GreenVille. and prominent in
many other enterprises. 1t is safe to
say that no man in this State of his
age has attained to a higher position
in the legal profession and in the bust
ness world than Larry |. Moore. These
make q strong team, work well to-
gethcr, and get all there is in d case
out for their client.
The various defendants are repro
scented as follows: The Atlantic and
North Carolina Railroad Company, the
"Old Mullet,' by it's general counsel.
Col. =. M. PCarsa1l. The lessee. the
Atlantic and North Carolina Company.
formerly the Rowland Improvement
Company, is represented by Mcssrs.
Aycock & Daniels, of Goldsboro. and
x Ward, of New Bern. These
lawyers are too well known to require
introduction on description. The State
of North Carolina, owning twelve
thousand shares of the toe of the
Atlantic and North Carolina road. is
represented by Attorney General r. j.
Gilmer. Mrs. Florence p. Tucker, of
ltaleiGh, and Hon. e. c. Duncan, of
\. c.. now collector OF this
ulStfict, the two largest private stock
hoiderS. are represented by Hon.
Charles NJ. Busbec. who is one of the
states directors in the Atlantic and
North Carolina Railroad.
The state. the Atlantic and North
Carolina Railroad, the Atlantic and
North Carolina Company. and all of
the stockholders except Messrs. Foy
and Hill. and the county of Craven.
are standing by the lease and fighting
Tor its validity.
mere was q small crowd present at
the nearing of the argument before
Judge b t. Long. of Statesville, and
al no TIME We're over a hundred in
count. n argument began q few min
ultS before ter o'clock and it was five
. CLOCK Nhen 1t was over an hour be-
ing allowed for dinner. MIR. G. T.. Foy
VINO y the hacker Of W. d. Hill. the
complement owner of two shares. on
winch the suit is brought. one of
which he has bought since the lease
was effected, besides those of Craven
county, was at present With T.. Hill. the
attorneys speaking in opposition TO
hte lease being w. w. Clark. Of
New Bern; Larry l.. Moore, of Green
vile. and Owen II. Guion. of New
Born. the Atlantic and North Carolina
i.allroad being represented by 4. D..
Moore and COL. p. NJ. PearsaIl. the
state by Attorney General RID. Gill
'ncr, and nearly a majority of the pri-
Nale stockholders were represented nv
MI. c. Nj. Busbec. who is the repre-
d'lAiouS waiting to hear his decision
III the matter.
Mr. Larry l.. Moore Opens.
Alter waiting forty minutes for the
counsel to appear. Judge Lon. fin,fIv
started iii; the first to speak in oppO-
Sltlon to the lease being Mr.. Larry I
moore, OF kinston, w Ii spo!,. for
iorrE-lWo minutes. After going into
regal reasons to show that the lease
Was not Just he declared that it had
i,ot p'otcctct The property rights OF
the people who live hong tho line Of
road. and who are entitled to the low
rates prevailing hitherto declaring
that the rates had been advanced bv
the \. and \. G. Company from 10
to 100 per cent. on the average, and
put Tor the promise to d"Velnpe Cast
crn North Carolina Rowland would