The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-25
and two thousand copies since burned, he
now has the other two thousand.

The next witness was Prof. X. l.. Flow
ers of Trinity College, who supervised
the printing and distribution of the PAM
inlet He said he had it printed by order
of the board but distributed it on his own
authority. He advertised in two papers
that he would send the pamphlet to any
one paying postage. The college paid
for both the printing and distribution.
"Did you go to Raleigh the night after
the trial to take an account of the trial
to a paper?"
yes
"By whose authority"
81 got it UP myself in response to
request from the editor"
On cross examination the witness de-
MED that he was sent to the Post by DR..
Kilgo. He said the proceedings of the
trial published in the pamphlet were from
the stenographer's notes and were taken
down by himself and Prof. Bassett, as the
stenographer read them.
Didn't you understand that you were
to send them out?'
Cant say that 1 did, l took the au-
thority upon myself"
]. H. SOUTHGATE HEARD.
The next witness was Mr.. James H.
president of the Board of Trus-
tees of Trinity College. He said the first
publication of DR.. Kilgo's speech in the
Raleigh Post was not paid for. but that
several thousand supplements containing
it we're paid for by the college.
"Did DR.. Kilgo and Mr.. Duke know of
this?"
II can't say positively, but think they
did in common with the other members
of the executive committee, / think 1t
was done by common consent"
"How were the supplements distribu-
ted?"
THE Post man attended 20 that, he
failed to get it in some papers that he
expected and reduction was made in the
bill on that account" Asked if the COM
mittee authorized Flowers to distribute
the pamphlet, he said he didn't know that
such authority had ever been given, but
if Flowers hadn't distributed them the
committee would have had it done.
On cross examination Mr.. Southgate
said Judge Clark, Judge Montgomery and
Rev. Mr. Tyre declined to prosecute DR..
Kilgo and then Mr.. Oglesby was selected.
Mr. Southgate was chairman of the in
yestigation and so far as he knew such
trials were not usually open to the public.
He denied any malice toward Mr.. Gattis
in the trial, and he didn't think that any
evidence that was competent was ex-
cluded.
Judge Winston asked: ''Mr. Southgate
it has been charged that the trial was
a sham, that you put up man OF straw,
and that you met there for that purpose,
is that true?"
'JuSt the reverse is true"
On redirect examination Mr.. Watson
asked: 'You say certain of Judge Clark's
dispositions were rejected because no no.
tice was given of them to DR.. Kilgo. Let
me ask you if you didn't give Mr.. Beck
with instructions to take dispositions OF
any and all persons whose names were
furnished by DR.. Kilgo, without notice
to any body?'
Mr.. SOuthgate was not quite certain,
and so Mr.. Watson produced letter con-
tanning such instructions written by Mr..
Southgate to Mr.. Beckwith and sent
through Dr. Kilgo.
'And you were in correspondence with
Mr.. Beckwith while in South Carolina,
were you not?"
81 think so.
These letters were also produced and
put in evidence.
"When you appointed Mr.. Oglesby to
prosecute you didn't know he was
going off to Virginia visiting and not
make any preparations of the case, did
your"
Il think not"
Had he at that time shown any dis
positions to favor Kilgo and be against
Clarke"
mo more so than any other member
of the board
Had the other members of the board
shown such disposition
81 don't know that l ought to say
that"
Before Oglesby was appointed prosecu-
tor didn't he offer a resolution calling
on Judge Clark to resign from the
board?"
"He thought Judge Clark ought not
make such charges and stay on the
board"
II ask you didn't you give notice as
early as July that you were going to pub
lish the proceedings?"
81 think there was something of that
sort said in the meeting"
Mr.. Watson read from the pamphlet
some remarks of Mr. Southgate during
the investigation in regard to making
the proceedings public, and asked: Mr.
Southgate, l read these words here, at
tributed to you: / am not only in favor
of what we have done here being made
public but l am in favor of publishing
ten thousand copies in the Post This is
not the time to open up the proceedings
believe the old general was right when
he said Just keep still till you see the
whites of the c"es of the enemy then
shoot. Now, 1 ask to whose eyes did
you refer?"
After some hesitation Mr.. Southgate re-
Piled: 81 don't think / was looking at
anybodys eyes just then
'Now l ask had the board not. at the
time of the investigation already adopted
a resolution endorsing DR.. Kilgo and re-
questing Judge Clark to resign?"
Eyes, that resolution was adopted at
the July meeting"
"Was not the mover of that resolution
DR.. Oglesby, who was later appointed
prosecutor, and was not this board that
adopted it the same jury that tried the
case later?'
81 think DR.. Oglesby proposed the reso-
luton and the board adopted it,
cat the time you held this trial didn't
you know that the board had made ur
its mind to sustain DR.. Kilgo?"
''We1l l want to saw that we were sur