The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-12-02
Especial to News and Observer. }

Oxford, N. c., Nov. 3o-The Gattis-
Kilgo fight now shifts from the Supe-
rior to the Supreme court.
At 2 o'clock this afternoon, after be-
ing out less than three hours, the jury
brought in a verdict finding every is
sue in Gattis' favor and awarding him
$4,000 damages.
Immediately counsel for the de-
PENDANTS John c. Kilgo, B. N. Duke
and w. X. OdelD moved to set aside the
verdict on the ground that it was eX-
cesSive and for other reasons.
Judge Hoke, after hearing argument,
overruled the motion. Defendants ex-
cepted and appealed. The bond to stay
execution, fixed at 5000, was given
and the case was at an end so far as
the Superior court has jurisdiction.
Now it comes to the Supreme court
on petition for q new trial. This will
be asked on the following grounds:
1. That the damages given are ex-
cessive.
2. That two of the attorneys in their
argument made reference to the fact
that two of the defendants were men
of large wealth.
3. That one of the attorneys in his
speech declared that the character of
the whole transaction could be Judged
from a. remark of Mr.. Southgate,
president of the board, in opposition
to public schools.
A. That one of the attorneys in his
speech to the jury referred to the bus
mess of one of the defendants by pro-
posing to change the inscription over
the entrance to Trinity College cam
pus so as to read: ''Eruditio ct Religio
ct Cigaro ct Cigarette ct Kilgo'
These were the reasons announced
by Judge Winston this afternoon when
he moved the court to set aside the
verdict.
The opinion here is that the verdict
is a just and righteous one I have
never known a decision in an impor-
tant case that met with so general and
hearty approval.
Some of Mr.. Gattis' friends think
$4,000 hardly enough for the damage
he has sustained, while some of DR..
Kilgo's friends fear that in case the
Supreme court grants a new trial a
much larger verdict may be given
against him next time.
Such disinterested lawyers as
have talked to, however. are of opinion
that the grounds of appeal are too
trifling to be seriously considered bv
the Supreme court, and predict dis
missal of the matter, when it comes
up. by per curiam opinion.
No case was ever better and more
thoroughly tried. none was ever heard
before an ADLER and more impartial
Judge. No more patient and compe-
tent jury could have been selected.
Counsel were of the abest. the parties
to the suit were of high standing and
the issues involved were of grave and
far reaching consequences. SO. from
every viewpoint the case has been a
most noted one-one that will be ia
nous in the judicial history of the
State.
OF the twelve speeches made by at
torneys, there was not one but was
a masterpiece. And the charge of
Judge Hoke today was in keeping with
ceedingly able document, clearly set
ting forth the legal points involved and
reviewing the evidence in impartial
manner. So completely was the entire
ground, both of law and fact, gone
over that one felt, when Judge Hoke
ceased speaking. that the jury would
have little difficulty in formulating
its verdict
The result proved the truth of the
prediction. The jury took the case
shortly after IL o'clock. A few min
utes before o'clock the court house
bell rang and Judge Holle and the at