The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-08-31

formed, an employee of the Dukes If
any one else present showed disappro-
baton of Mr.. Branson's remarkable con-
duct ID is known to himself. Certainly
it was not sufficiently pronounced to
procure up to this moment any apology
from BransOn either to myself or to
your Board, SO far as | am informed. At
tnat same meeting on 18th of July, anoth-
or of the Board insisting that no time
should he given to get up evidence sug-
gested that failure to lay before you evil
dence sufficient to convince you of the
correctness of my views might be follow
ed by expulsion. | think this was Rev.
Mr.. Tyer If it was not he | will be glad
to have him correct me. If therefore
failure 10 convince this jury that my
views of DR.. KigO are correct is ground
for expulsion there is additional reason
why | am entitled to an impartial jury
none of whom shan have formally eX-
pressed opinions strongly in favor of DIR.
kilgo and condemnatory of myself.
1t is true that the letter of the Presi-
dent of your Board announcing this in
vestigation and requesting me to aid
with evidence says 1.-The investigation
will be confined to DR.. Kilgo," but or
the former investiga ton though both
Mr.. Southgate and DIR. Kilgo say that he
alone was on trial yet in some unac-
countable way, the verdict and judge
ment were rendered against me. There
fore us member of the Board, as one
invited by you to lay evidence before
you, and as one whom one of your Board
has threatened with expulsion if the evil
dcnce is not sufficient to convince the
Board land therefore sufficient to change
the views of those members who have
expressed opinions favorable to Dr. Kill
gol | demand a right which the Justice
of the English speaking race has always
ana everywhere granted to the humblCst
Il fair unbiased and impartial jury in
the asccrtainment of the facts-and that
each member shall be examined whether
he has formed and expressed an opinion
rs to any Of the points in controversy.
| do not doubt the entire sincerity Of
those members of the Board who have so
frequently, and some of them so violently
expressed their opinions upon this contro-
yersy III favor of DIR. kilgo. Their abSo-I
lutte conviction is what disquaifics them.
The early martyrs were tortured and
put to death by men absolutely convinced
that they were doing God service.
DR.. Kigo is a minister and there are
who think enormously that criticism
upon one of the order is an attack upon
the whole order and therefore i'm their
opinions upon the church and upon reli-
gion itself and / stand here Iayman
before a tribunal Il majority of which
present are probably ministers | have
been pronounced in my views against
the illcgality of Trusts and | have con
Cured with the resolutions of the West
crn North Carolina Conference against
the sale and manufacture Of cigarettes
and stand here, by the terms Of your
invitation in "Benefactor's P0rlor.
Dukes Buildings a room thus doubly
labelled with the reminder Of the cigar
cite BUSINESS, the influence of whose vast
accumulations is like the darkness Of
Egypt in that it can not only be seen but
can be felt This institution become
itself Il partner in that very business by
being the holder of large block of it's
stock from which it derives no small part
OF its income.
As an act Of justice to yourselves, to
the college and to myself. an act o.
justice that no North Carolinian should
ever seek in vain, ask that the tricrS
be polled and that no one shall sit on this
investigation who is not absolutely and
altogether impartial and uncommitted
by former deliberate expressions of his
views.
When the above challenge to the jury
was read by Judge Clark Dir. Kilgo earn
estly opposed its being allowed, as did
also DR. Greasy and Rev. H. \. BishopgI
The last named trustee said that if Judge
Clark considered the jurors corrupt his
proper remedy was to arrest their char
acter before the conference and not by Il
motion of this kind DR. Oglcsby the
prosecutor. said he did not concur in the
request of Judge Clark to have the jury
pollcd and that he considered it unfair
and unreasonable and if the paper was
admitted il would put the case out of
court.
No one seconded Judge Clark's motion
and therefore it was declared defeated
without roll call.
Another paper was then read by Judge
Clark stating that it was difficult owing
to lack of compulsory process. to get wit
nesses to testify as to a mans bad char,
actcr. This paper was as follows:
ABSENCE OF WITNESSES.
The lack Of power in this Board t.
procure the compulsory attendance of
witnesses renders it impossible TO place
the evidence before you as otherwise
could readily be done. Out of more than
Il dozen witnesses of rcpute in ). {. who
are known to have stated recently that
DR.. Kilgo was we'll known as Il wire
pullcr and politician only two obeyed the
notice issued by this Board to take their
dcposition-some verbally re-itcrating the
statement but declining to give deposit
tions. Out of large number summon
ed here to testify in person only three
are in attendance. Even in civil courts
where attendance of witnesses can be |
compelled it is easier as every one knows
to procure witnesses to prove good char
acter than to get those to testify whose
evidence is of a contrary tendency. When |
your request to get up this evidence was
accepted, it was understood that Mctho- |
dists, and especially Methodist minis
ters, would obey your subpoena. But as
this is not a church trial many of them
refuse TO do so. and not being Il civil
trial no process to procure witnesses can
be enforced.
The investigation under these circum- |
stances is so observation-disclosures that the
evidence as to the truth of every charge
which is abundant can only no brought |