The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-24
JUDGE SHUFORD
THROWS A BOMB
Sensational Testimony in the
Gattis-KiIgo Case.
HF ROIlSFS THE DFFFNSF
He ROUSES THE DEFENSE
They Fight Desperately Against Ad-
mission of His Evidence.
JUDGE RESERVES DECISION TILL TODAY
Judge Shuford Declares Dr.. KiIgo Bore in
Spartanburg the Reputation of an "Ec-
cIesiasticaI Politician" The De-
fense' Answer.
Especial to News and observcr.)

Especial to News and Observer
Oxford. N. c., Nov. 23.-Attorneys for
the plaintiff tonight express themselves
as highly elated over the result of the
first days evidence in the Gattis- Kilgo
trial, which began in the Superior court
here late yesterday afternoon.
The plaintiff, Rev. T. j. Gattis, made q
magnificent witness for himself Though
on the stand for more than six hours
and subjected to a long and searching
examination he acquitted himself in a
manner most favorable to his cause. He
went on the stand at the opening OF
court, and his direct examination LASTED
three and half hours. He was crossed
examined during the afternoon for exactly
the same length of time. The cross ex-
animation brought out no material con-
tradictions of his direct testimony OF
damaging admissions
The most sensational feature of the
day was Judge Shufords evidence to the
effect that Dr. Kilgo's reputation in
Spartanburg, his former home, was that
of "a manipulation and ecclesiastical poll
tician, man who some times reaches
his objects by indirect methods and
manipuIates bodies to get position for
himself and others" Judge Shuford said
he had spent six weeks in Spartanbure
soon after DIR. Kilgo left South Caro-
lima and be learned these things from
men of the highest character.
Against the admission Of this evidence
the defendants are fighting desperately
and Judge Hoke has reserved his decision
until tomorrow morning. 1t is recognized
by all that its admission will be very
damaging to tho defendant KiIgo, though
his attorneys say they have large mum
Der Of depostions from South Carolina
refuting the charge.
Before beginning examination of wit
EeSses this morning attorneys for tho
plaintiff put in evidence the pamphlet
giving an account OF the Clark KiIgo con.
troversy and containing the speech OF
which the suit is based, then Mr. Gatti;
went on the stand.
TESTIMONY OF MR.. GATTIS.
Mr.. Gattis testified that he was Meth
odist minister and had been membe
Of the North Carolina Conference fo
about forty years; also for number o
years he had conducted in Durham bool
business as colporter and Sunday Schoo
agent under the auspices of the confer
cnce.
At this point the witness was asked
concerning the loss he sustained in bust
ness by reason of DR.. Kilgo's speech.
To this counsel for the defendants oh.
jected arguing at length that no specia
damages were alleged in the complaint
and that this must be done before specia
damage can be proved.
The court held that the complaint was
sufficient but that If it proved insuffi-
cient in course of investigation he would
allow II to be amended.
The testimony along this line therefore
proceeded. Mr.. Gattis said he was agent
for religious books for both the South
Carolina and North Carolina conferences
For the year 1897 his sales amounted tC
1900.
This" the witness added, twas Tho
business done by myself and partner"
Mr.. Burton, of counsel for the defend
ants: 80, may it please your honor, i
appears that he has a partner. Now, Il
sue for damage to his business, the othel
partner must be made a party to tht
suit"
Judge Graham, OF counsel for the plain
tiff argued that this was an action fol
damage from statements about one o
the parties and not about the partncrhiI
business, therefore the action may bt
maintained by the party injured.
The court took this view OF the matter
and the investigation proceeded
Mr.. Watson: "You say your sales il
1897 amounted to $2i 500. What were th'
gross profits?"
Gattis. "About $4,7OO, and expenses
from 81 500 to $1,000
"How was your business affected by thu
Clark Kilgo controversy"
"My sales for December, 1897, were
$4,649.37; my sales for December, 1898
were $2,133.7S'
WAS there any change in the confer
ence laws about colporters that woult
have thus affected your salcs?"
''None that ever knew of"
"Give your sales for the past three
years."
"In 1897 my sales were $24,5OO; in 1898
after the Kilgo speech, they were $12,H2
and in 1898 they were $S,774 In January
1892 we went into bankruptcy"
"IIas there been any change in regard
to your clerical calling since the publica
tion OF this PLATFORM" daughter By
everybody In court.)
Mr. Watson: Il mean pamphlet
Brother Aycock's presence in this case
makes me think Of platforms.
Mr.. Gattis: For twelve years before
was book agent | had pastorate will