The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-09-01
THE JUDGE REPRIMAND
RESOLUTIONS PASSED STATING
THAT HIS CHALLENGE
TO JURY is UNTRUE.
NO RIGHT TO COMPLAIN OF WITNESSES
Or. 0gIesby Wanted Newspaper Men Ordered
OF The Premises Proceedings TO be
Printed in Pamphlet Form Or.
KiIgo Spoke for Over
Two Hours,
Two Hours,

Two Hours,
Durham, y. c.. August 31.-tStaff
Corrcspondencel-T battle is over.
The Clark-Kilgo controversy tonight
passed into history.
Who won? The board gave Il decision
in favor of DR.. Kilgo at 1890 o'clock.
Judge Clark's charges and speciica
tons were overruled in every particu-
lar. and Dr. kilgo was unanimously
vindicated by the board.
For two days and Il night the Duke
building has resounded with charges
and counter charges: it's halls have been
filled with argument and oratory. EX-
element, though suppressed, has been
at fever heat. But tonight it is all at
an end. The campus again sleeps quiet
~ in the soft moonlight, and save for
the few students who have already
come in to be present ut the opening of
the school next week the building is
silent and deserted.
1t has been a great contest, and stub
bornly fought, every inch of it, Per-
haps prescribed rules of evidence have
not been followed in all instances; may
be Impotence and a spirit of intolerance
was manifested at times, but the two
dozen or more men, who, as judges and
jurors, heard this case, have done 50
patiently and fully and have decided il
honestly. no doubt.
For more than fifteen mortal hours,
with occasional recesses, the trustees
listened. as jury and judge. to the eyi-
dence and the argument. Tuesday five
and half hours were consumed by
the prosecution. To-day three sessions
were held--from 8 to o'clock. from 3
to 6:45 and from $50 to 1880, to say
nothing of the hours meeting of the
board of directors afterwards.
When the trustees met at 8 O'Clock
the reading of dispositions for the prose
cution was continued. The first aft
davit submitted in evidence was that of
Dr. r. Il. Kingsbury, editor of the Viii
mington Messenger.
In his eyfnence, DIR. Kingsbury says
that. Dr. Kilgo sent him message by
Mr.. Crews, that he 0kilgoD had the
Methodist preachers ut his back: that
he had the medicine for Kingsbury and
he would spread it about. This evidence
Judge Clark stated, was introduced to
show wire-pullng in North Carolina.
Dr. Kilgo objected to the affidavit,
on the ground that it was not germane
to the subject under investigation. The
chairman, however, ruled that it was,
and the evidence was admitted.
The affidavit of Mr. Jackson. proprie-
tor of the Messenger testifying as to
the good character of Mr.. Crews, by
whom DIR. KilgO sent his message to
Dr. Kingsbury, was rejected.
Subsequently DR.. Kilgo put on the
stand two witnesses REV. Mr.. Hurley
and DIR. Ivey, members of the board)
to prove Mr.. Crews bad character.
DIR. Kigo did not go on the stand to
deny DIR. Kingsbury's evidence, nor was
there any contradictory evidence. But
in his speech DR.. Iilgo told the commit
tee it was not true. In like manner Mr..
Webster's statement as to DIR. kilgo
saying graded schools were dens of vice
and iniquity was denied by Dr. Kilgo,
He. in his speech, declared that this
statement was absolutely false.
Three depositions-one by Mr.. \. j..
Conner, editor of the Patron and Clean
er, and two by other Methodists- were
produced to prove that DIR. kilgo made
a speech in Northampton county charg-
ing that the financial depression was not
due to the money question. but TO the
laziness of farmers.
Objection was made to these likewise
on the ground that they We're not rele-
want. Mr.. Oglesby. the prosecutor, said
he also took this view of the evidence
and he would not insist on its intro
duction. 1t was ruled out.
Judge Clark then offered an affidavit
of ten citizens of Caswell county to the
effect that DIR. Kilgo had said in Il
speech there that free silver hoWlers
ought to be struck sixteen lashcs on
their bare backs. Also a paper from
parties at RoXboro was offered, reporting
Dr. Kilgo as saying in a sermon that
the average woman could be led any
where by diamond ring.
These affidavits. Judge Clark said
were offered under the head that he had
been requested to produce evidence as
to DR. Kigo's conduct in North Caro-
lima. They were merely formally ten
dered. he said, since under the ruling
in Webster's case on Tuesday night
they were irrelevant, the prosecutor DIR.
Oglesby, so holding.
Then Judge Clark also presented Il
package of cigarette pictures, semi-nude
figures, formerly sent out by the Dukes
in the cigarette packages, and stated
that the gentlemen present could come
up and examine them, if they desired.
No one accepted the invitation. These
pictures were offered. Judge Clark said,
to prove the charge of sycophancy in the
laudation of man who had accumu-
lated fortune by thats method of bust
ness.
This closed the eyidelce for the prose
cution, and witnesses and dispositions for
the defence were now introduced. Their
testimony was to che effect that DR..
Kilgo's character is good and that he is
not manipulation and wire puller. Much
of the evidence was also in rebuttal Of
that introduced by the prosecution.