The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-09-06
The JUDGE REPRIMANOED
PESOITTIONS PASSED STATING
THAT HIS CHALLENGE
TO JURY Is UNTRUE.
NO RIGHT TO COMPLAIN OF WITNESSES
Or. OeIesby Wanted Newspaper Men Ordered
Off the Premises Proceedings TO be
Printed in Pamphlet Form Or.
KiIgo Spoke for Over
Two Hours.

KiIgo Spoke for Over
Two Hours.
Durham. y. c.. August 31.-lStaf
Correspondence)-The battle IS over.
The Clark-Kilgo controversy tonight
passed into history.
Who won: The board gave Il decision
in favor of DR.. Kilso at O:3O O'Clock.
Judge Clark's charges and speclhca-
| tions were over-ruled III every partlcu-
lar. and Or. Kilgo was unanimously
indicated by the board.
For two days and Il night the Duke
building has reSounded with charges
and counter charges: its halls have been
filled with argument and oratory. En-
element. though suppressed. has been
ut fever heat. But tonight it is all ut
an md. The campus again sleeps quiet
ly in the soft moonlight. and save for
the few students who nave already
come in to be present at 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 1t. Fer
| hans prescribed rules of evidence have
not been followed III all instances; may
be impatience and Il spirit Of intolerance
W tS ~ iiiN' 49, N'
dozen or more men. who, as judges and
jurors. heard this case. have done 50
patiently and fully and have decided it
honestly. no doubt.
For more than fifteen mortal hours,
with occasional recesses. the trustees
listened. as jury and judge. to the evl-
dence and the argument. Tuesday five
and Il half hours were consumed by
the prosecution. To-day three sessions
were held-from 9 to | O'Clock. from )
to 6:I5 and from $50 to 1920, to say
nothing of the hours meeting of the
board Of directors afterwards.
When the trustees met at 3 O'Clock
the reading of dispositions for the prose
cution was continued. The first aft
davit submitted in evidence was that of
DR.. T. +. Kingsbury, editor Of the Will
mington Messenger.
In his evidence, DIR. Kingsbury says
that Or. Kilgo sent him Il message by
Mr.. Crews. that he I<ilgol had the
Methodist preachers at 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-pulling in North Carolina.
DR.. KilgO objected to the affidavit.
on the ground that it was not germane
w ~ iIDN Il'i1 Nv
chairman. however. ruled that it was,
and the evidence was admitted.
The affidavit Of Mr.. Jackson. proprie-
tor Of the Messenger. te%Stifying as to
the good character of Mr. Crews. by
whom DR.. kilgo sent his message to
DR.. kingsbury, was rejected.
Subsequently DR.. Kilgo put on the
stand two witnesses Itev. Mr.. Hurley
ana DIR. Ivey. members Of the board)
to prove Nj. Crews bad character.
DR.. KilgO did not go on the stand to
deny DR.. kingSbury's evidence. nor was
there any contradictory evidence. But
in his speech DR.. Kilgo told the commit
tee it was not true. In like manner Mr..
Webster's statement as to DR.. 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.. A. j.
Conner. editor of the Patron and Clean
er, and two by other Methodists- were
produced to prove that DR.. Kilgo made
Il speech III 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 were 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 DR.. Kilgo had said in a
speech there that free silver howlers
ought to be struck sixteen lashes on
their bare backs. Also a paper from
parties at RoNboro vas offered, reporting
Or. kilgo as saying in a sermon that
the average woman could be led any
where by a diamond ring.
These a%ffidavits. Judge Clark said,
We're offered under the head that he had
been requested to produce evidence as
to DR.. kilgo's conduct in North Caro-
lima. They were merely formally ten
dered. he sad, since under the ruling
IN Nebster's case on Tuesday night
they We're irrelevant, the prosecutor, DR..
Oglesby, SO holding.
Then Judge Clark also presented y
package of cigarette pictures. semi-nude
figures, formerly sent out by the Dukes
IN the cigarette packages, and stated
mat 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
laudatlon of Il man who had accumu-
lated a fortune by that method of bust
ness.
This closed the evidence for the nrose-
cution. and witnesses and dispositions for
the defence were now introduced Their
testimony was to tho effect that Dr..
AilGos character is good and that he i.
not !: manipulation and wire puller. Much
OF the evidence was also in rebuttal or
thai introduced by the prosecution.
The witnesses introduced for the dc
fence We're: Profs. X. l.. Flowers. w
ii. Iegram, A.. H.. Merritt, j. s. Bas-
ser: w. >. Crawford and j. II. Bivens,
of Trinity College fncultv. Roy To. TX,