The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-09-06

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. DIR. Oglesby the
prosecutor. said h. did not concur in the
request Of Judge Clark Ia nave the jury
pollcd and that he considered it unfair
aud unreasonable and if the paper was
admitted it would put the case out Of
court.
No one seconded Judge Clark's motion
AMI therefore il was declared defeated
without a roll call.
Another paper was then read by judge
Clark stating that il was diffcult. OWN.
TO lack of compulsory process. To- get Wit
ne~SeS "a testify as To u mans bad char,
acter. This paper was as follows:
ABSENCE OF WITNESSES.
The lack of power in this Board I,
procure the compulsory atttndan nee ~
"Ir. Kilgo'S reputation in South faro
lima was that Of n ~wir,-puner. Of the
ward politician type. Ills performances
III this State have justified his rcput3-
ton. Length of years has NOT REFORM
81 him. He was a short time in Ten
ncS>cc. One Of the most distinguished
members Or our church iii that State
mot Il ~lavlnani said to me We know
1T ttlit'A We'll III IL Il SffUif|& SERUM
politicians" II your committee wanted
Information. | could haze given il a.
them. lDr. Kilgo did not intend they
should have ii. He got up the proSccn
ton. IL" put in the evidence. lie gets
the report to suit him. my respectful
request for information rs - how il
witnesses renders It impossible 10 place
the evidence before Won rs otherwise
could readily be done. Out If more than
4 dozen witnesses of repnte in :. &. who
are known to have stated recently that
Dr. I[ilgo WAS well known n a wirr-
puller and politician only Two oItcyed the
notice issued by this Board to talk, their
dcpoSition-Somc verbally rc-itcratiug the
statement but declining to give dcpu>i-
tons. Out Of i large number summon
eI here to testify in person only three
are III 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 Il contrary tendency. When
your request to get up this evidence WaS
accepted. it was understood that Mctho-
dists. and especially Methodist minis
tiers. would obey Your subpoena. But a>
this is not 4 church trial many Of them
refuse to do So. and not being a civil
trial no process to procure witnesses can
be enforced.
The Investigation under these circum-
| stances IS so observation-disclosures that the
evidence rs to the truth Of every charge
| which is abundant can only be brought
here in much diminished quantity. The
plan presented by your Board of re-
| quirin@ the other side to be furnished
| the names Of witnesses in advance nee
| cSSarily gave to the friends of the de-
PENDANT every opportunity to work upon
| their fears and prevent their testimony.
It would open up 4 new controversy [,
alle@e that this opportunity has been
used but it may Il frankly sa.. that tw1
important witnesses. now i'll this State
who know thorough. DIR. Nilgo'S repd
tation in South Carolina and have repeat
eddy stated it to be that Of Il Wire pulling
politician and expressed their readiness
TO testify, if subpoenaed. have now Dc
clincd to testify before your Board. be
cause they aver it viii expose them /.
injury at the hands Of DR.. Kilgo's fac
ton and the large business i~nterest
which is backing him. Others have OK
pressed the same fear Of vengeance a,
ground for refusing to testify to state
mentS they have made as to DIR. kilg0
and which they shall affirm to be tn,
truth. If such fear should be hel,
@roundleSs by YOU the result is still tht
same and III the absence Of power I,
compel witnesses to attend. it is submit
ted to Your Board that the investigation
Will be so one-Sided under such circum
stances. that as a search for truth i
will leave very much unproyen whicl
otherwise could be proven.