The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-25

DR., k1IEO W0uIQ not let BrO. GdIIlS nave
a copy of the paper to be signed"
"Were you not asked by Mr.. Gattis to
preside at this trial and Rev. r. B. John
to prosecutor"
1--WE were"
'Was there any means in the confer
ence by which Mr. Gattis could have
been compensated if he had been
wronged?"
"None that know of"
Judge Winston: "But his character
would have been restored if he had dis
proved the charges, wouldn't it,"
Yes
MR.. BALLARD'S TESTIMONY.
The next witness put on the stand was
Mr.. v. Ballard, secretary of the board
of trustees of Trinity College. He pro-
duced the minutes of the board and asked
to turn to the proceedings of the meet
ing of June 18th, 1897. This was the re-
port of DR.. Kilgo recommending the cleo
ton of members of the faculty only every
four years. Next he turned to the meet
ing of June 6, 1898, when 1T was decided
to investigate the charges made against
DR.. Kilgo by Judge Clark. At this meet
ing a committee was appointed to re-
quest Judge Clark to resign as trus-
tee Next morning the committee re-
ported, endorsing DR.. Kilgo and con-
demning Judge Clark and declaring that
he ought to resign A resolution was
then passed asking him to resign. This
resolution was sent to Judge Clark by
Secretary Ballard.
The charges on which DR.. Kllgo was
tried were also read from the minutes
This reading showed that one OF the
charges made by Judge Clark against
DR.. Kilgo (his record in North Carollna)
was not printed in the "true-account
pamphlet Mr.. Ballard said his record
did not show that this charge was ever
stricken out, or that Judge Clark ever
made any motion to put the charge back
as an issue on which DR.. Kilgo was to be
tried, that the chair ruled with him and
the board over ruled the reading
The defense objected to all this testi-
mony.
MIR. BALLARD CROSS. EXAMINED.
On cross examination, Mr.. Bal
lard said that he, as trus-
tee, had no malice against Mr. Cattis
and he didn't think the other trustees
had: that the proceedings we're published
because there were charges of unfairness
in the trial and it was thought neces-
sarv for the protection of Trinity College,
that there were no material omissions or
additions.
judge Winston: "Was not Judge Clark S
speech printed in the papers before pub
LEGATION of the pamphlet"
yes
Mr.. Watson. on redirect examination:
.But when the board passed that reso-
luton ordering the speech printed the
speech of Judge Clark had not been
printed, had it,"
NO
You say there were no material adj
ditions or omissions in the pamphlet, is
there not in it some evidence taken after
the trial?'
Eyes, l mean no additions to the pro-
ceedings of the trial.
At this point Mr.. Watson sought to
show that although this witness was sum-
moned, with his books, by plaintiff, he
was later subpoenaed by the defendant,
and though he had been here ever since
the trial began he had been in sympathy
with the defense, and on advice of de-
PENDANTS counsel had declined to let
PLAINTIFFS counsel examine the minutes
of the trustees meetings. Judge Hoke
declined to allow this on the ground that
the plaintiff would be impeaching his own
witness.
Mr.. Watson then asked: "You say the
Clark-Kilgo trial was fair one. Did Dr..
Kilgo make a speech?"
HE did
did Judge Clarke"
HE did not
Didn't he want to speak, and didn't
the board tell him he could do so If he
would not print or put in the record?"
81 only remember that he wanted TO
read his challenge to the jury.
Don't you know Judge Clark wanted to
make a speech.
eyes. but there was motion that there
be no speeches except by the prosecu-
ton and defense
This cut Judge Clark off, didn't it?''
Yes
after you returned your verdict you
passed upon Judge Clark's challenge to
the jury, didn't you?"
Eyes"
'eThen you passed resolution to print
and publish, didn't you?"
Eyes"
"That was before Judge Clarks speech
appeared in the papers, wasn't 1t?
yes
Didn't Judge Clark ask for disinter-
ested stenographcr and offer to pay half
the cost?'
yes
wasn't the request denied and DR..
Kilgo's private secretary made stenogra-
pher. on motion of Mr.. Jurney?"
yes"
"When the trial was over, to whose
hands was this stenographer's report
committed?"
81 don't know"
Didn't Judge Clark's charges contain
a charge in regard to DR.. Kilgo's conduct
in North Carolina, and wasn't this charge
on Dr Kilgo's motion ruled out?"
Yes
Wasn't Mr. Webster there to testify
on this point, and were not stacks of de-
positions in regard to it excluded"
81 think So
Were the doors open to the public"
'I don't remember"
Don't you know you excluded Mr.. Mer-
rift, of the News and Observer, and that
later you put out Mr. ]. r. Webster"
There were no newspaper men pres
ent, all were excluded"
On re-cross- examination by Judge WIN
ston. Mr. Ballard said Judge Clark had