The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-27
DEFENSE OUTLINED
BY JUDGE WINSTON
Pamphlet Issued a Privileged
Communication.
NOT INSPIRED BY MALICE
These Are the Claims Made by the
Defense.
NOT INSPIRED BY MALICE
THEY WILL INTRODUCE NO TESTIMONY
A Molion 10 Dismiss Being 0yerruled, Notice
CT Appeal Was Given in Case Of
Verdict Being Fonnd Against
the Defendants.
Especial to News and observer.)

NopeCldI 10 NEWS ana ODSoTNeI.J
Oxford, N. c., Nov. 26.-The Gattis-
Kilgo slander suit took an unexpected
turn today--a turn that will bring the
trial to a close at least two days earlier
than was anticipated. At 1870 O'Clock,
on conclusion of the testimony of Editor
John r. Webster, attorneys for the plain
tiff announced that their evidence was all
in Thereupon attorneys for the defend
ants made a motion looking to dismissal
of the suit on the grounds that no malice
had been shown in publication of the
pamphlet. This motion failing, notice was
given of an appeal in case OF a verdict
against the defendants.
Then followed the surprise of the day,
an announcement on the part of defend
ants attorneys that they would introduce
no testimony, but would rely on the evil
dence contained in the Clark -Kilgo
pamphlet, and that brought out on cross
examination of the plaintiffs witnesses.
This announcement caused a sensation,
and there was much speculation as to the
effect the move would have on the jury.
it showed weakness in the defendants
case. Sympathizers with the defendant,
however, arrived at exactly an opposite
conclusion--that it showed the confidence
of the attorneys for the defence in their
case.
The defense having introduced no evil
dence, it will have the opening and con-
cluding argument. Judge Winston. ac-
lining the defense, which is as follows:
/. THAT the pamphlet was privileged
communication.
2. "That it was not inspired by malice
toward Gattis.
Great stress was put on the question of
malice. 1t is evident that this is the
issue on which the case will be fought out.
Bishop W. w. Duncan, of South Caro-
lima, arrived today. He will testify as
to DR.. Kilgos character and his reputa-
tion in South Carolina.
PERSONNEL OF THE JURY.
The jury trying the case is composed
of four Baptists, two Methodists, one
Presbyterian and five members of no
church. The jurors are as follows: ]. P.
Stovall, c. w. knight, ]. G. Satterwhite
F. P. Daniel, W. A. Blackley, j. Y. Long
mire, j. X. Clement, j. w, Russell, d. w.
Fowler, ]. NJ. Phipps, A. Frazier and G.
S. Latta.
Court did not meet today until 10 o'clock
when taking of testimony for the plaintiff
Gattis was resumed by putting in evi-
dence the Raleigh Post of September g.,
1898 (the article that contained DR.. Kill
go's speech and was distributed in sup
plement form and paid for by the col
lege).
The defense fought nightly against the
admission of this evidence, on the ground
that defendant Odell was not a member
of the executive committee that ordered
this publication.
Judge Hoke admitted the paper in evil
dence.
EDITOR WEBSTER ON THE STAND.
Mr.. John r. Webster, editor of Web
ster's Weekly, Reidsyille, was now put
on the stand. He said he was summoned
as witness in the Clark Kilgo investi-
cation, but on account of a change in
the issues he was not allowed to tes-
tify.
WAS it a closed meeting?"
1T was. Mr.. Merritt of the News and
Observer, was excluded. Mr.. Merritt
started in and DR.. Kilgo ran to the door
and locked it saying that the News and
observer was an enemy of his and no
representative of it could come in"
The witness was present when Judge
Clark objected to DIR. Kilgo's stenogra-
pher and asked that he be sworn He
said there was considerable discussion
over the matter and it was ruled that
the stenographer be not sworn.
Judge Winston, for the defence object
ed that the evidence was prejudcal to
his client without being in the line con-
templated by the law.
The court thought the evidence compe-
tent.
''At the second meeting" continued Mr..
Webster, Judge Clark asked for a stem
ographer, Offering to pay the expense"
Did anybody favor allowing Judge
Clark having a stenographer?"
"As ! remember, DR.. Brooks said, Ger
tainly nobody will deny you so reasona-
BILE a request But DR.. Kilgo did oppose
it and the request was denied"
The witness then told of the challenge
to the jury, and the discussion of it.
"Did you hear Mr.. Jurney's reply to
the part Of the challenge referring to
him."
Eyes, he denied what Judge Clark
quoted him as saying-that he would
fight for DR.. Kilgo till he wore off his
nails, lost his teeth and then gum it