The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-12-02


without any direction or control, or any
limitation over his authority. that he pub
Iished a card saying he would send this
publication to anybody who would send
him the postage, that if it was their pur-
pose to publish this fer the information
of the patrons OF the college; all they
wanted to know was the testimony and
the verdict, and that it was not neces-
sary to publish the speech of DR. Kilgo,
defamatory of the rlai4tiff, in which the
public was not interested, and that when
they published the speech of Kilgo they
had some other design than simply TO
inform the public of what had taken
place at that trial.
They furthermore asked the jury to con-
slider the method of that trial, that it
shows there was bad faith in making this
publication, that they were angered at
the charges against Kilgo and were pre-
determined to clear him right or wrong,
and that is the reason they published the
speech asaauiting Gattis because they de-
sired to strike him down as he was one
of the witnesses who testified against
him. In this connection it is contended
by the plaintiff that they selected the
board of trustees as the tribunal that
they might have brought it before the
conference. but that instead, Kilgo put
it before that body of men, a great many
of whom had pledged themselves to vote
in his favor and that because they had
given such an expression in his favor
no fair investigation could be had. That
they caused the principal charge, that as
10 Kilgo's conduct in North Carolina to
be stricken out, after it had been formu-
lated by the president of the board as
one of the principal charges. That havInS
asked Judge Clark to get up the evidence
ON that charge, when it came on for trial
he was there with his evidence and de-
positions, but they struck the charge out
and would not go in to a hearing on that
line
They say furthermore that the evidence
shows that the manner of DR.. Kilgo was
imperious, offensive and over bearing to-
wards Mr.. Cats. and that the trustees
upheld him and did nothing to rebuke
him. That they appointed the private
secretary of DR.. Kilgo as the stenographer,
and when Judge Clark asked that they
swear the stenographer or let him have
one they refused; that they appointed as
prosecutor Mr.. Oglesby who was pastor
Of the church, that DR.. Kilgo attended
Clark; that on the investigation some
time before that on the question whether
Clark should resign he had made state
ment TO the board of trustees that they
should remove him first and let the COM
mittee report afterwards that both from
his position as pastor and from his decla-
rations at that trial it was not a bona fde
prosecution that he was Kilgo's friend
and went in there to whitewash him and
punish his accusers, and that in the mat
ter of Beckwith's testimony he would let
KiIgo ask him what men in South Caro-
ina had said in Kilgo's favor, but when
he offered to tell what was said that
vas against him it was suppressed. That
when the presiding officer was asked to
restore this charge they overruled him
and struck out the charge. And then they
asked the Jury to consider the plain
tiffs conduct for forty years; that the
defendants must have known from this
evidence that he has led an honorable
life and thev must have known that this
publication contained matter that was not
true, and that they exceeded their privil-
ege; that they had determined to print
before any criticism had been made by
anybody, and that the ;urv must con-
dude that they published not in good
faith and solely for the reasons claimed
out because they were mad at Gattis and
determined to break him down because
he had testified against their president,
n from some other wrongful or indirect
motive. ulteriCr TO this occasion.
On the part of the defendants it is con-
tended that they had been assaulted in
tlo nbon ha1 hao,,
made by Judge Clark, man in position
and influence in the State and that these
charges against Kilgo and others had
been put in the papers; that Kilgo whom
they had elected president OF the college
had been assaulted by Judge Clark and
that the charges had been given wide cir
culation in this way and otherwise. That
they published these proceedings in good
faith, without any design to injure Mr.
Gattis or any Interior motive, but simply
because the attention of the public hav-
ing been directed to the matter, they
wished to inform the public exactly what
had taken place so that they might judge
between these men, and to put the col
ege in a proper light before the public,
and that they had right to publish what
did occur and to inform the public cor
rectly. That enough did occur at this
trial to lead them to believe that these
charges were substantially true, that on
the charge that Kilgo was wire puller
and manipulation they could not get any
body to testify before them except Cat
tbs, that they had reason to believe that
while there might have been a little ex-
ageration in Kilgo's speech because of his
physical and mental condition, that sub
stantially the part of the speech COM
planned of was true and was borne out by
the evidence, that it was made in good
faith and for the purpose of informing
the public as to just exactly what did
occur and to put it before them in the
proper light; that they had been assault
ed in public prints that had wide circu-
lation, and that they had a right to
circulate their defense as widely as the
attack had been circulated, and that had
gone through the State of South Carolina
as well as of North Carolina and that
they had been written to and asked
about it.
Mr.. Southgate said that no fair minded
man could complain, that there was no
unfair advantage taken of Gattis, that the
conduct of that trial was such that no fair
minded man could complain of it; that as
to the declarations of Beckwith they had
stopped him from testifying because it