The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-24


dant
(5) That plaintiff did say to DR.. bred
Peacock in substance as defendant is in
formed and believes, that 1t seemed very
strange to the people of South Carolina
why the people of North Carolina were
such fools over Kilgo, meaning this de-
PENDANT.
CO. That plaintiff in his testimony upon
said investigation, did dodge and evade
and hesitate to speak the truth and did
in some instances refuse to speak the
truth as appears by his testimony then
taken.
8. And so this defendant says on in
formation and belief that each and ev-
cry charge in his said speech. published
in said pamphlet was true and the argu-
ments and differences drawn therefrom
were just and legitimate differences from
Z the evidence of said Gattis and the other
evidence and facts in the case.
8. That this defendant made said speech
in defense of himself when he was on
trial before the Board Of Trustees OF
the college, who had power to remove
him; that he made it in good faith, be-
lieving and still believes it was true,
that he was not actuated by malice or
ill will towards the plaintiff, either in
speaking or cooperating in publishing
it: and he insists that he had the right
and privilege in the defense of himself
upon said occasion to say and declare
what he did then speak and to cooper
ate in publishing true and correct ac
count of his speech and said proceeding
and that the same were and are privi-
legged and for this further reason also
10. That the speech of Judge Clark pre-
pared for delivery upon the occasion of
said investigation and the evidence of
plaintiff thereon and other matters and
things hostile to this defendant, and the
college, and in large measure untrue in
fact and inference, growing out of said
charges and investigation had been pub
liShed and extensively circulated in news
papers before the publication of said pam
phlet to the great prejudice of this de-
PENDANT, the church and the college, and
it was the right and duty and privilege
Of this defendant and of said Board of
Trustees to publish to the Methodist peo-
pie of North and South Carolina, and
others interested in said college an accu
rate statement of what took place at said
investigation in the reasonable protec-
ton of the interest of said college and in
defense of the attack upon his character
and that only by such or like publications
could such people be reached as they
are very numerous, consisting Of more
than one hundred thousand people, and
the defendant is advised that the same
was fully privileged
II. That the plaintiff has not contented
himself with suing for damages but did
on the 2Sth day of September, publish
an abusive article in the News and OBJ
| server, newspaper published in Raleigh,
ard Of extensive circulation in said State
and in 40 raid article he accused the
said Kilgo of being a slanderer, a ma
| ligner, back-biter and the stabber of
his brother (the PLAINTIFF in the back
and also being guilty of SANDER, false
hood misrepresentation and innuendo in
relation to him. the said plaintiff, and of
many other things.
Il. The allegations in section OF the
complaint are untrue.
Wherefore, this defendant demands
judgment that he go without day and
recover his costs
ANSWER OF B. N. DUKE AND w. r.
ODELL.
The defendants b. N. Duke and W. r.
/ Odell, answering the complaint herein
say:
l. That it is not true as alleged in
section 3 of complaint that defendants B
N. Duke, W. r. Odell and John c. KilgC
| published or caused to be published in
| Durham county, pamphlet which con-
tains words in said complaint hereinafter
set out. but it is admitted that the Trus-
tees of Trinity College caused to be pub
lished in Durham county in September
1898, 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
cumstances hereinafter stated.
@ That the allegations made in the
fourth section of the complaint are de-
MED
The facts are as follows: That at the
times stated in the complaint and fol
several years previous thereto, the defen-
dant John G. Kilgo was a minister of the
gospel and a member of the North Caro-
lima Conference of the Methodist Epis-
copal Church South, in good standing
and was also the President of Trinity
College. The said college was and is
the only male college of said denomina,
tion in the State of North Carolina, anC
is and was then under the direction ant
control of the said North Carolina Con
ference and the Western North Carolina
| Conference of said church, through
| Board of Trustees elected by said tive
conferences and by the alumni of sale
college. The defendants Duke and Odel
were and are now members of said Board
Certain charges had been made by Judge
| Walter Clark against John G.. Kilgo
which, if true, affected his fitness to oc-
cupy the position of president Of sale
college, and the Board of Trustees o.
said college convened on or about the
30th and 31st days of August, 1898, fol
the purpose of investigating said mat
ter. Specific charges were before the
Board in writing, and a prosecutor was
duly appointed to prosecute. The de-
PENDANT John c. Kilgo appeared in his
own behalf. The plaintiff Thomas j. Cat
It's was introduced as witness agains
the said defendant. At the close of the
! evidence, the defendant John G. Kilg(
I