The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-01

it be he who has devoted his life to
saving souls, or to acquiring money. Tom
Gattis may be a financial failure as
Judge Winston saws. but he has saved
souls.
What are the damages? How arc you
gong TO get at it? What would you mon
ON the jury charge for your character?
l know there are some of you with as
good characters as Mr.. Gattis. What if
stranger came in ana published of
you the slanderous things published OF
7. ]. Gattis? What would you charge
to have your characters 5lackenel /, and
leave this as heritage TO The children
who come after you? Can you estimate
the value of this mans character
1.-THE defendants say Ga.tis was moth
ing but a little 'Jack-legged' preacher
and colporteur over in Durham with a
little business, but he sold sci 500 in 1897
and cleared nearly 1880 year on which
he and his family lived This is per
cent of 100000 and his business was
growing, but it is now gone, aud that at
east is what the business damage is
From the mortuary tables Judge Ora
ham calculated that Mr.. i;attis, co years
of age when the suit began, was due for
fourteen years and one month longer life
at 1900 a year, OF $2S,000
Seeking the value of Mr.. Gattis' dam
aged character Judge Graham said that
for the condition it left him in before
the people and for the mental suffering
he had undergone because o. it there
ought to be great damages. Here he cited
cases where telegraph companies had
been mulcted of large sums because of
mental suffering caused by non delivery
of kilograms, and from other authorities
he showed that damages for mental suf-
fering were just as much due as for
physical suffering.
Judge Graham also presented claims for
punitive or exemplary damages, smart"
money as it is sometimes termed. This
he said was due that men might be de-
tered from doing like wrongs, and said;
view the whole case and tell rae if
there has ever been more false, a
more malicious charge brought against
any man than against Thomas j. Gattis
and then make up your minds as to what
is due him.
Judge Graham then summarized other
evidences of aggravated damages, and
proceeded to the close of his speech, be-
ginning with a tribute to the admirable
behavior of Mr.. Gattis on the stand, and
then to criticism of the failure of DR..
Kilgo and Mr.. Odell both PRESENT in
court, for some days this week, TO go
on the stand, he said:
Nov, gentlemen of the jury, it is TO
be known by your verdict whether char
acter stands as of value rs against the
onslaught of the mighty, it is a question
for you TO decide whether man, no
matter how poor, has a right to come into
the court and ask that those who at
tempt to destroy character be held amen
able to the law
His final admonition to the jury was
not to be swept away by the forensic
ability of Judge Winston, but always to
hold in mind that he was not sworn
witness and that Dr. Kilgo never dared
go on the stand, and swear 70 the charges
he had made against Mr.. Gattis.
The speech he made was a great presen-
tation of the points of the case from the
plaintiffs point of view end having fin
ished his earnest and able argument at
11:15, after speaking in all for four hours
and fifteen minutes, he gave way for the
last speech in the case, ex-Judge K. W.
Winston for the defense.