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

Therefore with the greatest personal
respect | call the attention of this Board
to the following facts: On June {, this
Board adopted, in my absence, the re-
port of Il committee, that after careful
consideration of the matter of cOrresp0n-
dence" between DIR. Kilgo and myself,
they found me unfair and uncharitH-
be-" heartily endorsed DIR. Kilgo and
his administration and asked me to re-
sign And now ! am asked to lay before
this Board evidence which calls in ques-
ton this endorsement of his adminstra-
ton and this condemnation of myself
This is to require the matter to he con-
sidcrcd by the very jury that has once
decided it and to ask You to sit in your
own cause and condemn your own cou-
duct. This would not he permitted in
petty cause involving the petty sum of
$500 in n court of justice. No matter
how honorable the members of the Board
may be they can not be absolutely i'm
partial in passing upon evidence calling in
question the correctness Of their former
findings. Mr.. Southgate saws that the
following p trustees voted on that rcso
luton, only one of them being against its
adoption l. e. Revs. n NJ. Jurney, II. n.
Ivey. w. c. Wilson. G. A. Oglesby. +. 4.
BiShop.~J. r. Brooks. a. +. Tyer, J. Il.
Hurley, w. s, Greasy, i. J.. Groom and
Messrs. B. n. Duke. w. ii. Branson,
V. Ballard, Il. "A. Mayer. A. II. Stokes,
j. II. Southgate, Il. J. Parrish. p. II.
IIancs, w. Il. Odel. G. w. Flowers and
o. w. Carr, all of whom have thus fo"
mally passed upon the controversy,
though I have been informed that Mr..
Southgate was in error as to two If
those named who, it is claimed, did not
vote upon the resolution.
Furthermore, at the called meeting on
18th of July | was present in consequence
your request that aid you with evil
dence in the investigation begun n his in
stance, | presume, as he had stated in
the press that he would call for it.
stated that not having laid any charges
before your Board, / was not prepared
with legal evidence but if the Board
would give me time | would try to fur
nish it, if desired. That | believed every
word | had stated in respect to DIR. Kilgo
was strictly and literally true. and | had
stated nothing except upon good author-
ty but being matters not upon my own
knowledge it would require some time
and trouble to get the evidence in legal
shape. On his return home Mr. Joseph
G. Brown, one of the Trustees stated 70
a gentleman (who was not Trusted
that the entire Board was for DR. Kilge
to a man, and against me- This express
sion, of a jury as to cause pending
before it would disqualify it in any court
Of justice.
The Trustee referred to is a careful
and obscrvant man and his conclusion
agrees very nearly with my own on thlt
occasion when / was received not as
an invited witness to aid the Board in
bona fide investigation but rather as if
| were defendant in the cause and your
Board were co-prosecutorS with DR..
kilgo.
Furthermore since the 18th of July
at the meetings of the District Confer
ences pending the investigation of this
very matter whether the Board should
endorse the administration Of DR.. Kiigo.
and while he was under investigation by
yOu, many Of this Board have voted | am
Informed for Resolutions endorsing DIR
kigo, and some of them. | am told were
influential in having such resolutions
passed. After this triple decision of the
Issue before you, It would be difficult to
convince your Board to Il contrary eff
feet. unless members who have been so
decided in their convictions in favor IF
DR.. kilgo are eliminated from the hear
ing.
In addition to these and other occa-
sion still, in which members of this
Board have expressed themselves upon
DIR. kilgo's side as to the matter now to
be investigated, | respectfully submit
there are personal reasons why several
Of the Board should feel themselves in
capacitated TO sit
Mr.. i. \. Duke can not possibly. from
the nature of the case be held an impair
tlal juror in Il matter which calls in
question the prOpriety Of DIR. Kilgo's at
ttude in regard to the Cigarette Trust
and the relations of the Duke family
to this college. Rev. Mr.. Brooks, Rev.
Mr. Cole land possibly othcrsl | am. told
are witnesses for Dr. Kilgo and they
could not be proper jurors when they
are to pass upon their own evidence
contradicted by conflicting testimony.
Their own testimony is necessarily Il de-
cision in advance against the other side.
controlling their own votes and neccssar-
lily influential with those sitting with
them At the meeting of the Board
on July Is, as aforesaid, Revs. r. 4
Bishop and L. \. Ivcy, Messrs. bred
Peacock, w. j. Montgomery and posi-
bly, others were present aiding and advis-
ing DR.. Kilg0 and making suggestions
to INN, acting as associate counsel ~
1t were, and it would be without precc-
dent that they should sit as jurors: with
expectation of being absolutely without
bias in favor of the side they had coun-
SEIZED If either of these gentlemen will
say am mistaken as to him will strike
out his name. Rev. II. ~ Ivey has be-
sides during this controversy Indicated in
the Advocate so clearly his convictions
Ill favor Of DIR. Kilgo. to whom also his
relations are so well known, that / pre-
sumo he will not offer to sit as n juror.
Mr. Southgatc, presiding officer of this
Board had a controversy with me which
was published in the papers, over tn"
very points now to be decided. After
such public expression of his views, it IS
possible of course. that evidence might
persuade him that he was wrong AMI
that / was right but it would assuredly
require, according to ordinary human ma
ture. considerably more weight of evil
dence than to retain him in his publicly
expressed views. AT the aforesaid meet
ing on IS July. Rev. Mr.. Jurney advo-
Gated as a matter Of policy giving time
to get I'D evidence and then as if fearing
hi. nocitiou MIGHT no misunderstood hn