The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-12-04

~ mar charge. when it came on Ioi 'ii"'
49, ~ there with his evidence ana ue-
nositions. but they struck the chdi7e gu
and would not go in TO a hearing Oh ma
line. ovidence
Thev cav furthermore that the eVl9ehce
shows that the manner OF III. hii5o -
imDoricus. offensive and over-oeaflhS |"
wards Mr.. Gatis. and that the
nnbeld him and did nothing TO reDuhe
, That they appointed the private
cecratarv of DR.. Kilgo as the stenograpnei'
"a uben Iudge Clark asked that they
euoar the stenocrapher or let him nave
ora thev refused: that they appointed a.
rroCecrtor Mr.. Oglesby who was pastor
cf rho church: that DR.. kilgo atlehueu
and that he had expressed hlnsel asaino'
clark; that on the investigation ao.
time before that on the question: -
Clark should resign. he had MADE a stat
ment TO the board Of trustees lhdt tneS
should remove him first and lei the eohi
mitree report afterwards; that com
his position as pastor and from MS uttl"
rations at that trial il was not q oohd -
prosecution; that he was kilgo frleno
and went in there to whlteWaSn nun any
nunish his accusers, and that IN the MAJ
ter of Beckwith's testimony he would let
Kileo ask him what men in South caro-
lima had said in Kilgo's favor, but WIeH
he offered to tell what was Sald that
was against him il was suppressed lhaI
when the presiding officer was ASKED 70
restore this charge they overruled MN
and struck out the charge. And then lhey
asked the Jury to consider the plalh-
tiff's conduct for forty years; mat ms
defendants must have known from TINS
evidence that he has led an honofaple
life and they must have known that THIS
49, r1ottnr that WAS nor
true. and that they exceeded their prlvll-
eye. that they had determined TO print
before any criticism had been made by
ANYBODY. and that the Jury must con
clude that they published not IN good
faith and solely for the reasons claimed
but because they were mad at Gatils ara
determined to break him down because
he had testified against their president,
or from some other wrongful or indirect
motive, Interior to this occasion.
On the part of the defendants it is con
tended that they had been assaulted IN
the public prints. that charges had been
MADE BY Judge Clark, a man III position
and influence in the State, and that these
charges against Kilgo and others had
been put in the papers; that Kilgo whom
they had elected president of the college
had been assaulted by Judge Clark and
that the charges had been given wide cir
c~ulation in this way and otherwise. Thai
they published these proceedings in goOo
faith without any design to injurc Mr.
Gattis, CT any Interior motive, but simply
because the attention Of the public hay
ing been directed to the matter, they
wished to inform the public exactly what
had taken place so that they might judge
between these men. and to put the col
lege in a proper light before the public.
and that they had a right to publish what
did occur and to inform the public cor
rcctly. That enough did occur at this
trial to lead them to believe that these
charges were substantially true, that on
the charge that Kilgo was a wire puller
and manipulation they could not get any
body to testify before them except Cat
tbs, that they had reason to believe that
while there might have been a little eX-
ageration in Kilgo's speech because of his
physical and mental condition, that sub
stantially the part of the speech com
planned Of was true and was borne out by
the evidence, that it was made in good
faith and for the purpose of informing
the public as to just exactly what did
occur and to put it before them in the
proper light; that they had been assault
ed in public prints that had wide circu-
lation. and that they had a right tc
circulate their defense as widely as the
attack had been circulated, ard that haC
gone through the State of South Carolina
as we'll as of North Carolina and that
they had been written to and asked
about it.
MIR. Southgate said that no fair-minded
man could complain, that there was nc
unfair advantage taken Of Gattis, that the
conduct of that trial was such that no fail
minded man could complain of it; that as
to the declarations of Beckwith they haC
/ stoned him from tfSfifyinO hHcanSp IL
was against kilgo, that the only Gues-
lions asked BcckWith were permitted tC
demonstrate that he was not a competent
witness, that he did not properly qualify
himself TO speak. that the only questions
asked by kilgo were to show that he was
not a competent witness to testify as tC
his character, that he had gone in tC
South Carolina on the run and talked tC
a few men as he went along, and that
he was not competent witness as a mat
ter OF fact, and that all the questions
kiigO was permitted to ask was Just tC
show that Beckwith was not a competent
witness. That the remark of Jurnev was
a iOcular remark and was so treated or
that trial and was so treated by Judge
Clark in that proceeding. and that he
said he was in no unfair condition of min6
towards Judge Clark and that he could
give the matter a fair trial. That a!
far as bringing the matter before thu
board Of trustees, Kilgo was presiden.
OF the college and that was the only bod,
that had any right to try him. That the,
had no authority to administer an oatI
10 the Stenographer or any body else
mat they were the trustees anC
Ihat 1t was the only board thai
had any authority or power
investigate charges against the presiden+
or the college, and that so far as an
pointing Csleshy prosecutor. they say the,
o1ercd the place to Clark and tried 10 get
MIN 10 take it and then tried to get twc
otherS 20 accept it. Mr.. Southgate testi-
ned mat afer making this effort to eet
JuaSe clark to prosecute, and after .Judg.
montgomery and several others had de
clined they appointed Mr.. OgIesbv he
cause ne had eXDerience in church trial.
ana was a competent man to undertake
me matter. Again they say that tho
eVldence before them was sufficient
INr