The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-11-27
When quiet war restored, Judge Win

=" ~ G kA40A i3kaAoNAoA- ~ aEA
talk too much. l don't know a man
in the State that doesn't talk too much
sometimcss."
What was your objection to him." :
H rad dcoarted from the rules Of
the church in bringing that law suit"
On redirect examination by Mr.. Wat
son the witness said Mr.. Gattis got his
reputation for talking too much on &C
count of the charges made against him
in the pamphlet. He was very positive
on this point.
DR. SWINDELL RECALLED.
DR.. Swindell, recalled. said Mr.. Gattis
had not instituted the movement for a
church trial, but he had consented TO it.
On cross-exaInination the witness said.
so far as he knew, Mr.. Gattis had never
been denied a trial in the conference,
and that he thought he could have gotten
a fair trial.
or redirect examination Mr.. Swindell
was asked:
DO you know the cause OF the failure
of the COMPROMISED
DIR. Kilgo was to sign a paper. This
paper was not to be made public until
after the conference. 1t failed because
Dr.. kilgo would not let Bro, Gattis have
a copy of the paper to be signed"
Were you not asked by Mr.. Gattis TO
preside al this trial and Rev. r. b. John
to IrOsecute?"
" were"
WAS there any means in the confer
ence by which Mr.. Gattis could have
been compensated if he had been
wronged?'
None that | know Of
Judge Winston: But his character
would have been restored if he had dis
proved the charges, wouldn't it,
Yes"
MIR. BALLARD'S TESTIMONY.
The next witness put on the stand was
Mr.. Y. Ballard, secretary of the board
OF trustees of Trinity College. He pro-
duced the minutes of the board and asked
to turn to the proceedings of the meet
ing Of June 18th, 1897. This was the re-
port of DR.. Kilgo recommending the cleo
ton of members of the faculty only every
four years. Next he turned to the meet
ing of June 6. 1898, when it was decided
to investigate the charges made against
Dr.. kilgo by Judge Clark. At this meet
ing a committee was appointed to re
quest Judge Clark to resign as a trus-
tee. Next morning the committee re-
ported, endorsing DR.. Kilgo and con
demning Judge Clark and declaring that
he ought to resign. A resolution was
then passed asking him to resign. This
resolution was sent to Judge Clark BY
Secretary Ballard.
5 The charges on which DR.. Kilgo was
tried were also read from the minutes
; This reading showed that one of the
charges made by Judge Clark agains
Dr.. Kilgo (his record in North Carolina
f was not printed in the "true-account
pamphlet. Mr.. Ballard said his recor'
did not show that this charge was eve
stricken out, or that Judge Clark eve
O made any motion to put the charge bacl
= as an issue on which DR.. Kilgo was to b
tried. that the chair ruled with him an
the board over ruled the reading.
The defense objected to all this testi
mony.
MR.. BALLARD CROSS EXAMINED.
On cross examination, Mr.. Bal
lard said that he, as a trus
tee. had no malice against MIR. Cats
and he didn't think the other trustee
Il had; that the proceedings were publlshe
because there were charges of unfalrnes
in the trial and it was thought neces
sary for the protection of Trinity College
that there were no material omissions {
additions.
s Judge Winston: WAS not Judge Clark
speech printed in the papers before put
l. LEGATION Of the pamphlet?'
Yes"
y. Mr.. Watson. on redirect examination
t. But when the board passed that rest
T. luton ordering the speech printed tt
10 speech of Judge Clark had net bee
l. printed. had it,
NO"
IS "You say there were no material az
N ditions or omissions in the pamphlet,
there not in it some evidence taken aft
ie the trial?"
+ yes, | mean no additions to the pr
cccdingS of the trial.
re At this point Mr.. Watson sought
show that although this witness was sur
moned. with his books, by plaintiff,
was later subpoenaed by the defendar
ne and though he had been here ever sin
nc tho trial began he had been in sympat1
cd with the defense, and on advice of d
PENDANTS counsel had declined to |
IS plaintiffs counsel examine the mlnut
of the trustees meetings. Judge Ho
Ne declined to allow this on the ground tn
Of the plaintiff would be impeaching his oN
. witness.
OF Mr.. Watson then asked: "You say t
Clark-Kilgo trial was a fair one. Did |
&c. KilgO make q speech!
HE did"
~ did Judge Clarke"
d He did not
" 1lu / It WANT POp
lie the hoard tell him he could do so II
IT would not print or put in the record?
IS Il only remember that he wanted
read his challenge to the jury
Don't you know Judge Clark wanted
~ make a speech
49, Yes. but there was a motion that the
- be no speeches except by the proset
ton and Defense
~ This cut Judge Clark off, didn't 1t:
Yes"
!, after you returned your verdict y
passcd upon Judge Clark's challenge
the Jury, didn't you?'
yes"
ID 'Then you passed a resolution to pr
me and publish, didn't YOU?
lie .voco
pc That was before Judge Clarke spec
lau appesrrd in the papers, wasn't II:
Yes"
ere 'sDidn't Judge Clark ask for a dlslnt
nSt ested stcnographer and offer to pay b
the cost?"
'hu yes
at "Wasn't the request denied and
Kilgo's private secretary made stenog
10 rbcr on motion of Mr.. Jurney?'