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

was that of Mr.. Watson"
And how did o arrive at the
amount of damages?
WELL we considered the age OF Mr..
| GattiS. the destruction OF his business
the fact that he can never preach
again. and all that. Then each juror
put down on a piece OF paper ms eSti-
mate of damages. These were aver
aged and the result was SlS,0oo' n
highest of these was S23,Ooo DN MI
Biacklev. a strong Methodist, and 50
we agreed on $4,000. If Mr.. Gattis
had been a Younger man we would
have given more. We thought our
verdict was against public sentiment
and were greatly surprised to lind that
it was endorsed by everybody.
Judge Hoke's charge which was
| heard bv a large number of people
and most highly complimented by all
who heard il. for its learning and i'm
partiality, was in full as follows:
JUDGE HOKE's CHARGE.
Libel. gentlemen of the jury, is where
che ~wrongfully and maliciously publishes
of another false and defamatory matter
which is calculated to iniure him in his
calling. degrade him in his social life or
bring him into ridicule and contempt. In
lIllS dCIlOI L . NohN41
| dants. Jno. c. Kilgo, B. n. Duke and W.
r. Odell, alleging that they have pub
| lished such a libel about him and asks
| damages at your hands for the wrong
thew have done him. The defendants,
admitting that they published the dcfa-
| matory words, deny that they have done
so falsely or maliciously and deny that
they have done the plaintiff any action
able wrong, and having joined issue on
these allegations have brought their
| cause before you for decision.
On these pleadings there are four is
sues submitted for your consideration
/. Did the defendants publish the de-
famatory matter set out and declared in
the complaint?
>. Was such defamatory publication
false?
3. Was same malicious?
1. What damage is plaintiff entitled
to recover for such wrong and injury.
On the first issue. if you believe the
| evidence you will answer that issue yes.
The evidence tends TO show that they
authorized this publication, and | do not
understand the defendants to deny that
they issued this pamphlet of which the
plaintiff complains.
That brings you to the consideration Of
me StOOIu dllh M q go 49,
publication false and malicious?
In the ordinary relations of citizens,
where libelIous matter is published and
circulated, the law will in the first in
stance presume that the same is false
and infer that it is malicious, till the
contrary is made to appear. But where
the publication has qualified or conditional
privilege, one who, complaining, must es-
E Iablicl Inv no orpatar yei0ht of evidence
not only that it was published, but that
it was false and malicious. To make
such q publication, where there is quail
fed privilege, an actionable wrong, the
law puts upon the plaintiff the burden of
establishing that the same was false and
malicious. On the evidence in this case.
if it is to be believed, it is one of quail
fed or conditional privilege, and the bur-
dens on the plaintiff to establish by the
greater weight of evidence that this de-
famatory publication was both false and
malicious. If you are satisfied that this
publication. and everv material libellous
Fart thereof is false you will answer the
second issue yes. If you find that any
material defamatory matter, a material
part thereof, is false you will answer the
issue yes and indicate the part that you
find is false. If no material part is false
( you Will answer the issue no.
That brings you to consider what is in
this publication he complains Of. The en-
tire speech Of Dr.. kilgo before the Board
Of Trustees is annexed to the complaint,
and is in evidence before the jury. The
PARTS especially called to your attention,
complained of by the plaintiff. are these:
IF you will take the whole situation and
connect it with the testimony of Mr..
GattiS you Will likely find the original
slandcrer.' Again in referring to the
testimony of Mr.. Gattis. on the witness
, stand that he would not have testified for
500, he refers to that statement in his
speech that was published: "One hundred
dollars IS a high price for him., and means
an ordinary man would have given a high
price for a like commodity. Behind a
pious smile a religious walk, and a solemn
twitch OF the coat tail many men carry
a spirit unworthy of them Another al
legation is that he had evidently gossip
ed too much in South Carolina. And
again speaking of the criticism that
Gattis had been witty at his expense.
says Poor wit over the suffering heart
OF his brother whom he has lacerated in
the dark" Again he says that Gattis
Wa guilty of vicious conduct. and that
between the man hiding himself by the
81" anu h"Nlh " N11tlI - IiIIO
cent traveller. and a man who. in the
dark assasSinates character. send me tt
the woods with a revolver and let me
murder my passer-by rather than maligr
my fellow man Again the publication
says that at the store that Mr.. Gattis
kept, "he heard un-Christian gossip. un.
til decenCy demanded that he keep out O.
such a crowd." Again be says tina
Gattis was the original gossip and ha(
fOully dealt with the defendant. Another
term Of that publication styles Mr.. Cat
It's as the original maligncr, and says he
talks too much, that the truth has small
opportunity in his hands. and DR.. KilgC
asks the board Of trustees: rs he WORTH
cf your credence? Read his testimony
and mark his lodging"
1t is cOntGndCd by the plaintiff that this
publication was slanderous, and that i
tended to bring him into ridicule and con
tempt and iniure him in his calling, anc
they say the charge amounts TO a charge
that he was the original sianderer ant
maligner, and that he went about talkin.
unSGcrnly gossip, and again they say i
amounts to the charge that he was a bypo
critic, and that he kept store where un