The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-25
THE TRIAL IS BUT BEGUN
No Prospect Of Ending Before Last of
This Week.
THE PLAINTIFFS EVIDENCE NOT YET IN
The Gattis-KiIgo Case Seems Destined to be
One Of the Longest Most Costly and
Most Sensational Ever Held
in This State.
Especial to News and Observer. }

Especial to News and Observer
Oxford, N. c.. Nov. 24.-Three days
have now been consumed in the trial Of
the Gattis- Kilgo SANDER suit, and the
plaintiffs evidence is still incomplete, his
attorneys think they may be able to COM
plete it by Monday night. 1t will proba-
bly, take equally as long to hear the evil
dence for the defendants. The time may
however, be shortened by holding night
sessions of court.
Judge Hoke tonight announced that
night sessions would be held, beginning
Monday after the evidence is all in, elab-
crate arguments will be made by the at
torneys, so that there is no prospect of
an end of the trial before the latter part
of next week.
Altogether it will probably be the long
est, most costly and most sensational
trial of the kind ever held in the State
more than dozen lawyers are actively
employed in it, and fully seventy-five
witnesses have been summoned, most of
whom have been in attendance since the
been directed principally to an examina-
ton OF the methods adopted by the
Trinity trustees in the Clark-Kilgo in
vestigation. To this end two of the trus-
tees, the president and the secretary of
the board were examined. The other
witnesses put on the stand were for the
purpose of proving Mr.. Gattis character.
When court met at $50 o'clock Judge
Hoke said he was not prepared yet to
pass upon the motion to strike out Judge
Shuford's evidence. but he was inclined TO
think it ought to be ruled in, as it was
already before the jury.
Character witnesses for the plaintiff
Gattis were then put on the stand as fol-
lows:
C. w. Johnson, Chapel Hill, Presby-
terrain.
Maj. John w. Graham, HiIlsboro, an
Episcopalian.
]. M Reams, Durham, Baptist
Henry A. Reams, Durham, a Baptist.
Rev. A. d. Belts, Methodist minis
ter.
Dr. f. D. swindell. pastor St. Paul's
church, Goldsboro
A. X. Umpstead, tobacconist, Durham
Robt. Holloway, Durham, Methodist
John w. Umpstead, Durham, Methodist
All of these witnesses had known Mr.
Gattis for long number of years and
they all gave him an excellent character
Several of the witnesses, not Metho-
dists, had seen the pamphlet containing
DR.. Kilgo's speech. One said he had seen
1t at hotel in Kinston.
When Sheriff Markham went on the
stand, after testifying to the good char
acter of Mr.. Gattis, he was asked
DO you know anything as to the
financial standing of Mr.. B. N. Duke?"
He replied: 81 do
What is it?''
To this the defense objected, on the
ground that evidence in regard to the
wealth of one defendant cannot be used
as a foundation for damages against all
the defendants jointly, these defendants
being men of unequal wealth.
After argument by counsel, Judge Hoke
held that under the case Of
Washington Gas Light Company VS..
Lansden, 172 U. s., 534, the wealth Of
one defendant cannot be used to the in
jury of others who are not so fortunate
He therefore excluded the evidence
On cross examination Sheriff Markham
said in 1898 the stock of T. j. Gattis &
Son, was listed for taxes at 81 900 and
other property in the store at sos. He
thought the stock was, at that time, pref
ty well up. The witness said Mr. Gattis
son attended to the taX-listing.
]. w. UMPSTEAD TESTIFIES.
Mr.. John w. Umpstead was a steward
in one of the churches that Mr.. Gattis
had served, and it was sought to prove
by him that Mr.. Gattis had been injured
in his calling by the trouble coming out
of the Kilgo speech.
After a strong fight against it by the
defence the evidence was allowed and
Mr.. Umpstead said
AT the close of 1899 l went to Presid-
ing Elder Gibbs and told him that for the
interest of Methodsm and the Granville
circuit thought Mr.. Gattis ought to be
removed. / told him these charges had
been brought against Mr.. Gattis and
whether they were true or not they were
hurting us. There was nothing against
Mr.. Gattis' personal character, but these
charges had damaged his influence and
our work Mr.. Gattis was removed at
the conference"
On cross examination the witness le
MED that he had ever told Rev. j. N.
Cole or anyone else that Mr.. Gattis was
personally Objectionable. except on ac
count of the suit against Dr. Kilgn.
Judge Winston: .'Didnt you call the
attention of the conference to the fact