The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-12-04
Especial to News and Observer.)

NStNNAti ~ " SAfA O51N 'N-f
Oxford, y. c.. Nov. 30.-The Gattis-
Kilgo fight now shifts from the Supe-
rior to the Supreme court.
At , o'clock this afternoon, after be
ing out less than three hours, the jury
brought in a verdict finding every is
sue in Gattis' favor and awarding him
$4,000 damages.
Immediately counsel for the de
PENDANTS (John c. Kilgo. b. n. Duke
and VI. II. OdelD moved to set aside the
verdict on the ground that it was eN-
CCSSivc and for other reasons.
Judge HOke. after hearing argument.
o%verruled the motion. Defendants eN-
cepted and appealed. The bono to stay
execution, fixed at $4,000, was given
and the ease was at an end so far as
the Superior cour has jurisdiction.
Now it comes to the Supreme court
on petition for Il new trial. This VIII
be asked on the following grounds:
/. That the damages given are eN-
ccssive.
>. That two Of the attorneys in their
argument made reference to the fact
hat two Of the defendants were men
of large wealth.
;. That one Of the attorneys in his
speech declared that the character of
the whole transaction could be Judged
from a remark Of Mr.. SOuthgate.
president of the board. in opposition
to- public schools.
4. That one Of the attorneys in his
speech to the jury referred to the bus
mess Of one of the defendants by pro-
posing to change the inscription over
the entrance to Trinity College cam
,N1Itt rn 4 ~ ,N.l. L.
ct CioarO ct Cigarette ct kilgO."
These were the reasons announced
by Judge Winston this afternoon when
he moved the court to set aside the
verdict.
The opinion here is that the verdict
is a just ard righteous one. have
never known a decision in an impOr-
tant case that met with SO general and
hearty approval.
Some Of Mr.. Gattis' friends think
$4,000 hardly enough for the damage
he has sustained, while some Of Dr.
kilgo's friends fear that in case the
Supreme court grants Il new trial Il
much larger verdict may be given
against him next time.
such disintereSted lawyers as |
have talked to. however. are of opinion
that the grounds of appeal are too
'''' - o''i ifhI' VI -
Supreme court. and predict a dis
mlSSal of the matter, when it comes
up. by a per cUriam opinion.
No case was ever better and more
thoroughly tried. nome was ever heard
before an ADLER and more impartial
Judge. No more patient and compe-
tent jury could have been selected.
Counsel were of the ablest. the parties
to the suit were of high standing and
the issues involved were of grave and
far reaching consequences. So. from
every Viewpoint the case has been a
most noted - that will be IA
NOUS in the judicial history of the
State.
OF the twelve speeches made by at
torneys, there was n o one but was
a masterpiece And the charge OF
Judge t1oke today was in keeping with
this high standard. 1t was an ex-
cecdinglv able document. clearly set
ting forth the legal points involved and
reviewing the evidence in impartial
manner. So completely was the entire
ground, both of law and fact. gone
over that one felt. when Judge Hokf
ceased speaking. that the jury would
have little difficulty in formulating
its verdict.
The result proved the truth of the
prediction. The jury took the cas-,
shortly after II o'clock. \ few min
utcs before ? o'clock the court house
bell rang and Judge lIoke and the at
torneNs went to the court room, tt
find the jury in their seats.
Asked if they were ready to rem
der their verdict they replied in the
affirmative, and handed up their find
lnos as set forth above.
Judge Hoke compIimented the iur,
on their patience throughout the tnr
DAYS trial. and banked the bar for tht
high toned plane on which the cas-,
bad been conducted.
After the came out of the com
room TIA" jury talked freciv about tn
trial. They said they made up thei
minds from the evidence and til,
Judges charge and were little in
fiucnced by the speeches of LAWYERS
The speech that had most etfec