The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-17
BIG LIBEL SUIT AT
OXFORD NEXT WEEK
A Methodist Preacher Sues
DR.. inc. c. Kilgo.
ASKS 100000 DAMAGES
Seventeen Lawyers Have Been En-
ployed in the Case.
ASKS 100000 DAMAGES
AMONG THEM IS Gov-ELEcT AYcock
The Case Cams Up For Trial About Year Ago
But Was Thrown Out of Court on Ce-
murrer, on Appeal to Supreme
Court it Was Reinstated.

What promises to be the most sensa-
tional libel suit ever tried in North Car
DINA will be called for trial in Granville
Superior court at Oxford next Wednesday.
1t is the case of Rev. t. ]. Gattis, a
Methodist minister, against Rev. John
C. Kilgo, president, and B. N. Duke and
w r. OdelI, trustees, of Trinity College,
The action is brought to recover $780,
600 damages for libel in uttering and cir
culating in pamphlet form DR.. Kilgo's
speech in the Clark ilgo controversy,
in which, 1t is alleged, there were re-
Elections on Mr.. Gattis.
1t is stated that no less than seven
teen lawyers have been employed on the
two sides of the case, the most recent
addition to counsel being Governor elect
Aycock in behalf of DR.. Kilgo and the
other defendants. Some of the other
attorneys for the defendants are: R. O.
Burton, Winston & Fuller, Edwards d
Register. The plaintiff has, among others;
C. b. Watson, Boone, Bryant & Biggs, A..
w. Graham, S. NJ. Gattis, Hicks & Minor
This case was started more than a
year ago, but was thrown out of court
on demurrer to the complaint. An ap-
peal being taken to the Supreme court,
that tribunal sustained the demurrer but
reinstated the case in court, allowing
amendment of the answer so as to cure
the defects pointed out in the demurrer.
The complaint alleges sianderous words
to have been spoken by the defendant
(Kilgo) of and concerning the plaintiff
(Gattis) and libelous publications to have
been made by all the defendants (Kilgo,
Duke and OdelD concerning Gattis.
The first five sections of the complaint
allege that the defendant John G. Kilgo,
in August, 1898, uttered in public SLAM
derous words against the character and
business relations of the plaintiff, and
set out specifically and at length the
words complained Of and further alleges
as follows.
"And so the plaintiff alleges that in ut
tering and publishing and circulating the
aforesaid false and defamatory words OF
and concerning the plaintiff, the defendant
John C. Kilgo intended thereby to charge
and did charge, the plaintiff with an
offence equivalent to the crime of wilfui
and corrupt perjury, and thereby intend
cd to injure and did injure, the plaintiff in
his good name, fame and credit accord
ingly, as if the plaintiff in his testimony
upon the investigation aforesaid, had
been guilty of the crime of perjury"
The complaint further alleges that
the defendant Kilgo and his co-defend-
ants in this action Duke and OdelD con-
triving and wickedly and maliciously in
tending to injure the plaintiff in good
name, &c. in September, 1898, did COM
pose, print and publish in certain news
papers, circulating in this State, or
caused it to be done, a certain pamphlet
containing the aforesaid false, slanderous,
libelous and defamatory words Of and
concerning the plaintiff and prays for
damages in the amount of 100000.
Duke and Odell are made parties to the
suit for the reason that they, as trustees
of Trinity College, were on the commit
tee that was appointed to compile the
pamphlet and have it printed
1t will be a hard-fought case and of
course will not end in the present term
of court This week Judge r. w. Win
ston and Mr.. S. M. Gattis are in South
Carolina taking dispositions to be used
i'm the trial of the case. Other dispositions
are being taken at Greensboro and a num-
Der of witnesses living in Raleigh have
been subpoenaed.