The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-29


the attorneys went at their argument in
the hammer and anvil style. putting in
heavy blows for their contentious in
the issue upon which Judge Shaw had
asked for an argument.
The question was whether the occa-
sion Of the trial of Dr. Kilgo by the
trustees of Trinity was qualified or an
absolute privilege" the defense contend
ing, that it was absolute, the plaintlns
that it was qualified. A decision one
way or the other by Judge Shaw meant
great deal.
The question it raised involved the
right of Gattis' counsel to get the bene-
fit of testimony already introduced bear
ing upon the events at the Clark Kilgo
trial and of putting in more. II the
Judge ruled that the meeting was an
absolute privilege" it cut them off. and
they were fighting for qualified privi-
lege' decision, urging that this was what
the Supreme court decision meant.
The defendants were just at the other
end of the see-saw. They had raised
objections every time this kind Of testi-
mcny was offered. and as Judge Shaw
overruled each objection. they asked that
exception be noted" and kept the stenog-
rapher busy making hieroglyphics Judge
Winston Is the guardian OF the I'VE OBJ
ject' danger signal and he has waved
it vigorously during the taking of testi-
mony
He did the pleading for the "abso-
lutte privilege" and presented his side of
the argument sorcefully, quoting the me-
cessary authorities and using the decision
of the Supreme court in the Gattis- Kilgo
case literally. For the plaintiff the ar
gument was a three part one. Mr.. j.
Crawford Biggs, Maj. Guthrie and Judge
Graham each doing full duty in presenting
their contention.
After much speaking Judge Shaw an
nCunced that for the present he would
let the case continue as it was being
conducted, holding final decision for
another hour The jury was then called
in from the outer darkness and the case
went forward as before. with Mr.. B. c.
Beckwith on the stand under direct eX-
animation.
He read from the pamphlet, which
Judge Graham now and then holds up to
a witness and calls the blue Backed
Book, the dispositions he had taken in
South Carolina by direction of the Board
OF Trustees of Trinity. He described the
stenographer at the trial at Trinity as
being the same as the one who accom-
panied him and DR.. kilgo on the South
Carolina deposition hunting trip and
told of the efforts of Judge Clark to have
him sworn, or to be allowed another
stenographer also and of DR.. Kilgo's Wig
orous and successful onslaught on both
propositions, because as he said DR..
Kilgo put it. his stenographer was an
honest man and that if there were two
their notes might conflict and the trial
come to naught
He declared that the issues submitted
to the trustees, or court. or jury as it
has been variously termed were not those
ON which he had taken dispositions, that
an issue concerning the record OF DR..
Kilgo in North Carolina had been strick-
en- out, by whose initiative he did not
know, except that Mr. Oglesby, whom
Judge Graham terms the alleged prose-
cutor" did not present it to the trustee
tribunal as an issue.
Ibid Judge Clark ask to address the
jury?" was asked him.
yes"
WAS it permitted?'
mo-
'.State all you know about it,
Judge Clark asked to speak at the
close of the prosecution and DR.. Oglesby
said he would let him know after awhile.
When Mr.. Oglesby came back to Judge
Clark he said he would close for the
prosecution. At the meeting at night
Judge Clark asked to be allowed to ad-
dress the board. When the board adj
journed it was announced while all were
present in the room that Judge Clark
was not allowed. to speak,"
Telling Of the conduct of the meeting
Mr.. Reckwith said
''At times everybody seemed to be
talking and the presiding officer had
hard time. At times it was right spicy"
After telling of seeing the pamphlet
in Raleigh, and hearing the familiar I'VE
object" he was asked,
What was Wr. Kilgo's manner toward
Mr.. Gattis in examination"
HE showed considerable feeling as he
did towards all the witnesses for the
prosecution. Towards Gattis he was over
bearing, harsh and at times offensive.
Gattis taking offence at his manner and
resenting it by refusing to answer" Here
came an objection that Mr.. Beckwith
could not know if Gattis took offense.
Being asked il he took any dispositions
on his South Carolina trip favorable to
DR.. Kilgo, he said he had. Bishop Dun
can was one, and as he was getting
ready to leave Columbia, S. c., a note
was brought him to take those of Cover
nor Ellerbee and Senator McLaurin, which
he did not take as he left
Were all the dispositions you took
used in the trial?"
Il don't know. They were sealed and
sent to Mr.. Southgate by the officers be-
fore whom they were TAKEN
Were any excluded"
Some affidavits taken at Sumter. S.
c.. were
Were you a witness at the trial?'
Yes, for the prosecution"
What about your testimony in the
pamphlet"
1T was not all in as it occurred. There
were some omissions
who was the prosecutor"
MIR. Oglesby."
Where did you first see him at Dur
ham,"
AT the hotel
Where next?"
when l went out to Trinity in hack
with others / saw him with DR.. Ki.go
in the grove, both fiat on their stomachs
with their heads close together looking
at a paper" Here there was laughter
in the court. even the jury being affected.
On rosS-eXamination he told of his