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

| addressed the said Board OF Trustees in
| his own behalf, his speech is hereto an
nexed as part of this answer marked
| Exhibit "a" After the said investiga-
| ton was ended one of said Trustees to-
wit: N NJ. Journey, moved the Board
that the entire proceedings of said Board
in connection with said trial be printed,
such motion was put and unanimously
carried and so the defendants allege that
the said pamphlet, was caused to be
printed and published, not by the defen-
dants, but by the Board of Trustees Of
Trinity College and that such action on
its part was taken in good faith with
no intention of injuring the plaintiff, but
| in order to protect the said college and
| its president and in order to present
| the entire trial of said Kilgo to the Meth
odist people of North Carolina and to
those who had young boys and girls to
educate and all othes who had an in
terest in said college, and that in no
other way than by a publication of said
investigation and results of the same
could the matters at issue be brought to
the attention Of patrons of the college,
and the members of the Methodist church
in North and South Carolina who num-
Der more than one hundred thousand The
cost of said pamphlet, as to its printing
and circulation was betrayed by the said
college and not by the defendant per-
sonally. After the said investigation was
over, the said Walter Clark caused to be
published in the News and Observer of
date September 4, 1898, a speech which
he had prepared to be delivered against
the said John c. Kilgo, at said inves-
tigation, but which was not then deliv-
cred and caused ten thousand copies
thereof to be distributed throughout
North Carolina. Moreover, his said
speech and charges gravely reflected on
the said Kilgo and was calculated seri-
ously to injure him and consequently the
college of which he was president. More
over, the controversy between the said
Clark and the said Kilgo had, prior to
said investigation, been given a wide pub
licity in the State, by reason of publication
in the daily and weekly papers, and by
oral discussions. And the press of the
State, during the progress of said inves-
, tigation, and Immediately thereafter,
published parts Of the proceedings evil
dence and arguments, with varied COM
ments thereon many of which we're in
complete All these things were calcu-
lated to injure and seriously cripple said
college. Therefore it was deemed neces-
sary by the Board of Trustees of Trinity
College as above stated to publish the evil
dence, speeches and proceedings in order
that the public might see what took place
and in order to protect the good name and
reputation of said college. Said pamphlet
contains the speech of said Kilgo and
the testimony of said Gatts without
understanding of said speech as it re-
fers to said Gattis can be had without
reading the testimony of said Gattis and
| the testimony of other witnesses rclat-
| ing to his testimony and without consid-
| ering the said speech in connection with
the whole evidence and the context.
3. That the publication and circula-
| ton of said pamphlet were not done ma
| liciously or with intent charged in COM
| plant, but were done in good faith, sim
| ply as fair and honest report of what
| took place in said investigation, without
malice or i'll will against the plaintiff,
| with no intention to injure him, but in
| the honest exercise of what said Board of
| Trustees and these defendants, as mem
bers of said board believed to be their
| duty towards the college in their charge,
and these defendants aver that said publ
cation is privileged, which privilege is
hereby pleaded And these defendants
are advised and aver that the said Board
| of Trustees of Trinity College, and them
| selves as members of said board, had
| the right and privilege to print, publish
| and circulate said pamphlet; that in duty
| to the institution they represented, they
| ought to have done so in the reasonable
| protection of it, and in the proper de-
| tense of said attack upon its character
and they claim, plead and rely upon the
| protection and privilege allowed them by
| the law of the land in the said discharge
of duty and in making said publication.
4. And the defendants allege that the
vote by which said Kilgo was exon
! Grated of the charges made against him
was unanimous, twenty trustees so vot-
ing, and that the resolution to print said
| proceedings being in good faith as already
| set forth herein, and there being nc
malice towards said Gattis on the part
of said board, or of these defendants, they
cannot be held liable in damages as they
| are advised and believe and allege for
the publication and circulation of said
| pamphlet, a copy of which is hereto at
tached and marked exhibit "B."
Wherefore, these defendants pray judg-
ment that they go without day and re-
cover their costs