The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-28
SPEECHES OF HIGH ORDER
J. c. Biggs, A. A. Hicks and Major
Guthrie for Plaintiff
AND T. 7. HICKS FOR THE DEFENDANT
The Most important Appeals to the Jury viii be
Delivered by Cyrus W. Watson for
Plaintiff and Charles B. Ayccck
for Defendant.
for Defendant.
Especial to News and Observer.

Oxford, N. c., Nov. 27.-TodayS story
in the Gattis- -Kilgo case is one of much
speaking. And tomorrow and Fridays
story will be like unto it. Yesterday one
speech was made. Today four have been
made, leaving seven yet to be heard by
court and jury, for there are to be six
on each side.
The two most important appeals to the
jury will come at the last and will prob
ably consume much time. They will be
made by Cyrus B. Watson for plaintiff
and Charles B. Aycock for defendant.
These speeches are looked forward to
with great popular interest and the court
house will probably be crowded during
their delivery
All the speeches thus far delivered
have been of high order, showing ardu-
GUS preparation on the part of attorneys
and absolute familiarity with the law
and facts governing the case. AS indica-
ted in my dispatch last night the real
issue in the case and the one on which
it is being fought out, is that of malice.
Bishop Duncan arrived last night and
was present in the court room this morn
ing as an interested listener to the argu-
menL OF counsel.
BIGGS' SPEECH FOR PLAINTIFF.
The first speaker for the plaintiff this
morning was Mr.. ]. Crawford Biggs. He
began at $3.50 and spoke for two hours,
devoting almost his entire time to an
argument of the law governing the case.
He was followed by Mr.. A. A. Hicks who
argued the evidence for the plaintiff. He
in turu was foIlowod bv Mr. IT Hicks
for the defendant.
The other speeches in the case will be
in the following order: Maj. VIM. A. Guth-
rie, for the plaintiff; Judge w. J. Mont
gomery, for the defendants; r. b. Boone,
for the plaintiff; r. o. Burton, for the de-
PENDANTS; Judge A. w. Graham. for the
prosecution; B. S. Royster, for the de-
fendants; c. B. Watson. for the plain
tiff; Chas. B. Aycock, for the defendants.
Judging the length of the speeches to
be made by those already delivered. it
will be Saturday night before argument
of counsel is completed and the case given
to the Jury.
In his argument on the law this morn
ing Mr.. Biggs ceatended that while the
publication was one of conditional privi-
lege, when malice is proved the privilege
mediately it is shown that the words are
uttered without probable ground to be-
lieve them true. malice is proved.
And again. honesty of purpose in the
publication is essential. The law looks
to the motive. If there were means at
hand by which the truth or falsity of the
charges might have been ascertained.
and these means were not taken advan-
0f hn trtt ic iaio
All the North Carolina books lay down
this rule: Malice need not be shown
directly. but if he acts recklessly and
without probable cause or without due
investigation, it is strong evidence of
malice
THE publication of this speech in
daily and weekly papers, the putting of
it in permanent form and advertisements
in the newspapers to the effect that these
documents would be sent to any one who
would pay the postage-all the circum-
stances-show not only malice but de-
termination to circulate slander as
widely as possible The courts hold that
the Industrious circulation of libel is
malice. They not only published the SLAM
der in the Raleigh Post, but they had
the Post print and place with the weekly
papers, in the form of supplements, 1O,OO0
copies of the slanderous speech"
On the question of malice Mr. Biggs
r"ad tho following from the American
and English Encyclopedia of Law (pago
426):
1T is not necessary, to render an act
Malicious that the party be actuated by
feeling of hatred or ill-wll toward tho
individual, or that he entertain and pur-
sue any bad purpose or design. On the
contrary he may be actuated by a gen.
eral good purpose, and have real and
sincere desire to bring about a reforma-
tion of manners. but IT, in pursuing that
design, he wilfully infiicts wrong on
others, which is not warranted by law,
such act is malicious. The law always
presumes that in the publication of an
article which is libellous upon its face,
1t was published by malicious intent. Tho
law does not impute malice not existing
In fact. but presumes malicious motive
for making a charge which is both false
and injurious. when no other motive ap-
pears In such cases it is unnecessary
for the plaintiff, to entitle him to recover,
to introduce any evidence from which
malice may be inferred other than the
libellous article
After fully and ably discussing the |
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