Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-11-09
IG ] 1 / | -|Kl'.ILG0
DAMAGE SUIT
IN. The g Supreme Court Sends III Back.
to the Lower Court us
HEARD AT RALEIGH
Ard AT RALEIGH
The esop or co.ton : Tho odd Foi,ow-
orpi,anase q. Col d.boro The LII.
Work. OF % No,ed Rapiist Eynn.c>
it.t ana Isn Ro.uI,s-New CORPORA.
tlons chartored by seorotaryy OF
s,atc.

~ Il
Raleigh. ", c., Nov. S-The Supreme
Court has decided the question of
practice involved In the case Of Rev. T.
]. Gattis. a minister of the Methodist
Church, against Rev. DR.. j. C. Kilgo.
president of Trinity College.
Rev. Gattis brought suit for 500, 600
damages. charging DR.. Kilgo, Mr.. B. N.
Duke. Mr.. Odell and other members Of
the board of trustees of Trinity Coll
lege with having printed and circulated
ltbelous statements against his name,
which were made by Dir. Kilgo.
In the Superior Court the defendants
demurred to the complaint for that 1t
Improperly joins two separate causes
OF action. against different persons and
moved to dismiss the action. The de-
murrer was sustained and the motion
to dismiss allowed. si
The Supreme Court holds that the
demurrer was properlys sustained,
the two causes of action alleged in the
complaint were improperly Joined, but
that there was error in Diminishing the
action, and'th judge below may either
allow an amendment TO the complaint
or divide the action for separate trials
Two causes Of action may be Joined in
one complaint, but each case must af-
1ect all the parties thereto, and must
be separately stated.
The complaint Of the plaintifr alleged
that the defendant John c. Kilgo. in
August, 1898. uttered in public Sian.
derous words against the character and
business relations Of the PLAINTIFF, and
set out specifically and at length the
words complained of.and further alleges
as follows
And so the plaintiff alleges that In
uttering and publishing and circulating
the aforesaid false and defamatory
WORDS OF and concerning the plaintiff,
the defendant John c. Kilgo intended
thereby to charge and did charge the
plaintiff with an ofrense equivalent TO
the crime OF wilful and corrupt perjury
ana thereby intended to injure and did
mJure the plaintiff In his good name
fame and credit accordingly, MS IL the
plaintiff. in his testimony upon the
investiga ton aforesaid, had been guilty
Of the crime OF perjury
The complaint thereafter further nj
leges that the defendant Kilgo and his
co-defendants in this action, Duke
Branson and Odell contrivingly and
wickedly and maliclously dntendlng to
in1ure the plaintiff, did compose, print
ana publish In certain newspapers In
TINS state. or caused to be done, GER
tain pamphlet containing the aforesa Id
iaisc' slanderous. ltbelous and defama-
tory words of and concerning the
Plaint'f, and prays for damages.
THE COTTON DROP.
Owing to early frosts, the "top crop"
OF cotton, that deceptive growth which
sometimes pans out, but Just MS often
fails, VIII not be very heavy in this
locality this year. Though the reports
continue to indicate short crop of cot
ton, the price for the staple does not
advance like 1t was believed n. few
weeks ago It would. Many buyers
made the public announcement a few
weeks since that cotton would go to 10
cents before January l. The predic
tlon still has two months to run. but
1t now looks as if ut would hardly get
80 high.
ODD FELLOWS oRPHANAGE.
Mr.. B. r. Lacy, who returned from
Goldsboro yesterday says that while
there he visited the Odd Fellows Orpha-
mage. He said last night. ut ia Ger.
tainy one of the best managed institu-
lions in the country. The children looked
healthy, happy and well kept. They
have As little motherIess children and
are doing a grand work" MIR. Lacy Is
not an Odd Fellow
SEVEN THOUSAND CONVERTS
Rev. F. M. Jordan, the Baptist evan
i gelist. Is in the city stopping with Mr..
4 c. B. Edwards He Is here superintend-
ing the publication of his Life and La
bors; having been actively engaged in
: preaching over so years. Duding that
time he has held revival meetings In
nearly every town in the State, and
z baptized in every stream OF any size
from the mountains to the sea- includ-
ing the later. About seven thousand
people have professed Christianity un-
der, his preaching.
NEW CORPORATIONS.
The secretary of State charters the
Toms G. Mcmillan Carriage Manufae-
tory. Of Hartford, N. C. The incor-
porators are Zacharah Toms, Sidney
Mcmillan and John R. Mcmillan. The
capital stock Is s9.750. divided into 15O
shares, of $50 par value, equally sub
scribed by the incorporators
The High point Shirt Manufacturing
Company also receives It's charter. The
amount OF the capital stock Is 80 0oo
The names OF the incorporators are =
H. Willis, ]. A. Turner, g. A. Nation
+ and H. c. Pitts. The business Of the
corporation Will be the manufacturing
and sale Of undertaking.
EDENTON.