The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-06-01

men carry spirit unworthy of them
Another expression was that the plaintiff
gossiped too much in South Carolina. And
in speaking of Gattis' wit at defendants
expense, the defendant said: Poor wit
over the suffering heart of his brother
whom he has lacerated in the dark" and
he further said that the plaintiffs conduct
had been vicious, and that between
mans hiding himself by the highway and
making a victim of an innocent traveller,
and man who, in the dark, assassinates
character, send me to the woods with
revolver and let me murder any passer-
by rather than malign my fellow men.
And he further published that at the store
of Mr. Gattis she heard un-Christian
gossip, until decency demanded that he
keep out of such crowd He
repeated that the plaintiff was
the original gossip and maligner;
that he had foully dealt with the de-
PENDANT, that he talked too much, that
the truth had small opportunity in his
hands, and asked the Board of Trustees
as he worthy of your credence? read
his testimony and mark his lodging" All
of the above language Is as we have said,
strong and harsh. But under all the cir
cumstances, was it utterly beyond and
disproportionate to the facts?" Might the
defendant have used the language hon
estly and bona fide under all the condl-
tions and surroundings? We cannot tell
whether His Honor submitted the
words of the publication to the
Jury because he was OF the
opinion that it has to be done in all cases
Of qualified privilege, or whether, ne
thought the language was violent and eX-
cess!ve. If from the latter view, 1T has
to be admitted as he said Adgers on Libel
and SANDER, that the "same piece OF evil
dence may make different impressions on
different Judges and we are compelled
to differ from His Honor in the premises.
The evidence of the plaintiff himself and
that of the witness Peacock before the
Board of Trustees make it clear to our
minds that the language of the published
speech. though strong and caustic, was,
under all the surroundings and circum-
stances, not so excessive and violent in
expression as to become thereby in
trinsic evidence of malice. 1t may have
been Incorporate and exaggerated and
vet not so violent and excessive as to be
itself evidence of malice. 1t is but just
to all parties concerned to recite the
whole of the evidence of plaintiff and that
of Mr.. Peacock, as we had to set out the
part of the speech of the defendant Kilgo,
which the plaintiff complained of. 1t is
proper also to say that on the investiga-
ton before the Board of Trustees, the
defendant introduced dispositions OF If
teen witnesses, prominent in church and
State. who testified that his general
character was of high order, and that in
his ecclesiastical ways and life his meth
DDS were honorable and always open and
sincere And the two witnesses from
that State whose deposition were offered
by the prosecution, while they said that
the defendant Kilgo had the reputation
of being a manipulation in church and
educational matters, both stated that his
moral character was good. One of them
said: His moral character is good, but
some of the brethren did believe that he
was somewhat of a manipulation, that is,
that he was not mean or low. but that
he would use his influence to control
things. l don't say that is the opinion
of the majority, but it is the opinion of
some" And the other one said, Il may
have heard that he was a manipulation,
but those words are too strong; he
likes to have his way, not that he was a
trickster, but that he was a determined
man and liked to manage and have his
way. He was not a negative man, but
always a positive man, and so far as his
character is concerned. If this was an
attack on his yeracity or manhood, gen.
eral or moral character, it must not go
in this State, for his character is first
class in every sense" Mr.. Gattis had
a number of most reputable witnesses TO
prove that his general character was