The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-11-27

=, o "tldck upon his character
CO.., 'Nohly by such or like publications
Nuen people be reached as thew
re very numerous, consisting Of 49,
man one hundred thousand naon1o a.s
'ho defendant is advised that tho co.,.
was FULLY privileged.
II. mat the plaintiff has not conten+oa
hillselt with suing for damages hnt did
vi lne 18TH day of September. nuhIisb
al abusive article in the News and Oh
"oiNer' a newspaper published in Raleigh
ahu VI extensive circulation in said State
ana IN tho sold article he accused tho
SAID kilgo of being a slanderer . ma
ilsner, a back-biter and the stahher If
MS brother Che planting in the hack
ana also being guilty of SANDER false
hoou' misrepresentation and innuondo IN
lclatlon to him, the said plaintiff and of
many other things.
IL. The allegations in section G IF ~
complaint are untrue.
wherefore, this defendant demands
judgment that he go without day and
recover his costs.
ANSWER OF 3. N. DUKE AND W. +.
ODELL.
me defendants b. n. Duke and w. r
odell, answering the complaint herein
say:
l. mat 1t is not true as alleged in
section 3 of complaint that defendants p
y. Duke, w. r. Odell and John c.. Kilpo
published or caused to be published in
durham county, a pamphlet which con
! lalhs words in said complaint hereinafter
F., set out, but 1t is admitted that the Trus-
tees OF Trinity College caused 10 be pub
| llShcu IN Durham county in September,
1913, a pamphlet entitled Report of the
proceedings of the Investigation of the
charges brought by Justice Walter Clark
against John C. Kilgo, &C." The said
pamphlet was published under the cir
cumstanccs hereinafter stated.
:. That the allegations made in the
fourth section Of the complaint are de-
MED.
Inc facts are as follows: That at the
times stated in the complaint and fol
several years previous thereto, the defcn-
dant John c. Kilgo was a minister of the
gospel and q member of the North Caro-
lima Conference OF the Methodist Epis-
copal Church South, in good standing
and was also the President of Trinit,
College. The said college was and i
the only male college of said dcnOmina
ton in the State of North Carolina, an
is and was then under the direction an,
control of the said North Carolina Con
terence and the Western North Carolin;
Conference of said church., through
Board of Trustees elected by said ivy
conferences and by the alumni of sal
g college. The defendants Duke and Ode
=, were and are now members of said Board
! Certain charges had been made by Iudg
Walter Clark against John c. KilgC
:. which, if true, affected his fitness to oc
!, cupy the position of president of sal
!, college, and the Board of Trustees {
said college convened on or about til
! seth and 31st days of August, 1898, fc
4 the purpose of investigating said ma
- ter. Specific charges were before tt
Board in writing, and a prosecutor w
: duly appointed to prosecute. The dc
v PENDANT John c. Kilgo appeared in h
h own behalf. The plaintiff Thomas j. Ga
a It's was introduced as a witness again:
. The said defendant. At the close of tt
: evidence, the defendant John G. Kills
: addressed The said Board of Trustees
- his own behalf, his speech is hereto al
: nexcd as part OF this answer markt
: Exhibit a. After the said investig'
ton was ended one OF said Trustees t
# wit: y. NJ. Journey, moved the Boa
d that the entire proceedings of said Boa
: in connection with said trial be printe
d such motion was put and unanimous
Il carried and SO the defendants allcge tn
e the said pamphlet, was caused to
n printed and published, not by the defe
N dants, but by the Board of Trustees
Y Trinity College and that such action
20 its part was taken in good talth, WI
no intention of injurinS the plaintiff, D
e, in order to protect the said college d
D. its president and in order TO preSe
OF the entire trial of said Kilgo to the Met
,N - T~,tJ Va rn1jo1 and
to those who had young boys and girls
SIS educate and all othes who had an l
It, tcrest in said college, and that IN
i other way than by a publication of So
investigation and results of the sal
ip could the matters at issue be brought
in the attention of patrons OF the cones
and the members OF the Methodist chuI
ed in North and South Carolina, who nu
n Der more thar one hundred thousand. l
tn cost of said pamphlet, as to its PRINT
e and circulation WAS betrayed by the 81
at college and not by the de1choahC ~
n sonalIy. After the said investigation :"
over. the said Walter Clark caused 10
pIblisbcd i'll the News and observer
n date September 1, 1898, a speech WI
ry he had prepared to be delivered aSan
the said John c. Kilgo, at Sald NV
re tigation. but which was not thcn uel
ercd and caused ten lhOuSdhu COZ
. thereof to be distributed through
on North Carolina. Moreover, ms 5
dc snecch and charges graVcly rejected
lld the said Kilgo and was calculated st
oIslv to injure him and consequently
" college of which he was president. NO
over the controversy between the ;
m clark and the said KiISo mad prlor
said investigation, been gwen a "iae =
'co Uci1v in the State, by reason OF puplicd'
'u- in fine daily and weekly papers ana
ON oral discussions. And the press OF
OH state. during the progress Oh Sdlo NV
LEI t~iaation. and Immediately 1here'i
published parts of the procedure ,
zen donce ard arguments, with Vari'u G
Oh ,nants thereon, many OF WHICH "eio
Oh cornpIetc. All these Things "cic ca
oVc lated to iniurc and seriously crlppie
De college. Therefore it was deelhe" ~
ue' cary by the Board of Trustees u ! -
or roIIcao as above stated to publish III
III d,pce. speeches and proceedings III - =
lhS tbat thc public might see What 'ooh -
Sht and in order to protect the good halhc
iii ..al1EpG S1l0 dlil