Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-12-04
The Jury Awards the Plaintiff
Twenty Thousand Dollars.
APPEAL TO SUPREME COURT.
Tho Celebrated Suit of GattIs VS.. KiIgo. for
100000 Damages for Defamation Of
Character, Settled ut Oxford. so Far as
Jury of the Lower Court Can Settle It
Found Dead.

Raleigh, N. c., Dec. 3.-The cele-
brated Gattis-kilgo damage suit has
been settled, SO far as lower court
can settle 1t. The settlement arrived at
may be summarized as folows:
1. Did defendants publish of and
concerning plaintiff the defamatory
matter set out in section of the COM
plant?
Answer. Yes.
2. Was such defamatory publication
false?
Answer. Yes.
8. Was same malicious?
4. What damage is plaintiff entitled
to recover for such wrong and injury?
Answer. $4,000.
THE CLOSING SCENE.
Oxford, N. c., Dec. 3.-The Gattis-
Kilgo fight now Shifts from the supe-
rior to the supreme court.
At 2 o'clock Saturday afternoon, af-
ter being out less than three hours, the
jury brought in a verdict finding every
issue in Gattis' favor and awarding
him $4,000 damages.
Immediately counsel for the defend
ants (John G. I<ilgo, b. N. Duke and
w. r. OdelD moved to set aside the
verdict on the ground that it was ex-
cesslve and for other reasons.
Judge Hoke, after hearing argument,
overruled the motion. Defendants ex-
copied and appealed The bond to stay
execution, fixed at $50, 600, was given
ana the case was at an end SO far as
the superior court has jurisdiction.
NOW 1t comes to the supreme court
on petition for a new trial. This will
be asked on the following grounds:
l. That the damages given are excess
sive.
2. That two of the attorneys in their
argument made reference to the fact
that two OF the defendants were men
OF large wealth.
8. That one OF the attorneys in his
speech declared that the character of
the whole transaction could be Judged
from IL remark by Mr.. Southgate, pres
ldent OF the board, in opposition to
public schools.
4. That one of the attorneys in his
speech to the jury referred to the bust
ness OF one of the defendants by pro-
posing to change the inscription over
the entrance to Trinity College cam
pus SO as to read: "Eruditio ct religio
ct cigaro. CT cigarette ct kilgo"
These were the reasons announced nv
Judge winston this afternoon when he
moved the court to set aside the YER
dict
HOW THE JURY STOOD.
After they came out of the court
room the jury talked freely about the
trial. They said they made up their
minds from the evidence and the
Judges charge and were little inhu-
enced by the speeches OF lawyers.
The speech that had most effect on
us, though" one of them exclaimed,
was that of MIR. Watson"
And how did you arrive at the
amount of damagcs?'
We'll, we considered the age OF Mr..
Gattis, the destruction of his business,
the fact that he can never preach
again. and all that. Then each juror
put down on q piece of paper his esti-
mate of damages. These were aver
aged ard the result was $4,000 The
highest of these was $4,000 by Mr..
Blackley, strong Methodist, and so
we agreed on $50 200. II Mr.. Gattis had
been younger man we would have
given more. We thought our verdict
was against public sentiment, and
were greatly surprised to find that 1t
was endorsed by everybody"
KENYON JONES FOUND DEAD.
The dead body OF Mr.. Kenyon Jones
the well-known- Wake county crier
was found in a room on the first floor
of the courthouse in this city Satur-
day afternoon.
Fumes Of gas which accumulated
rapidly in the halls and offices of the
courthouse caused the investigation
which led to the CHASTITY find. and
leit no room for doubt that acclden-
tai asphyXiation by gas caused the
death.
The body was found by Deputy Sher-
If n. j.. Reddck In n small room lust
across the hall from the sheriff's office
1t is room to which Mr.. Jones always
carried key, keeping, as he did, "a cot
In the ROOM on which he always slept
when he spent the night in the CITY
both during and between the sessions
OF court. His home was near Cary.