The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-27
COOL UNDER A HOT FIRE
The Court Will Hold Night Sessions
Hereafter.
Mr.. UMSTeAD HAS NOT YET ARRIVED
The Proceedings Yesterday Consisted Of Pre-
sentaion Of Complaint and Answer, Sub.
mission Of issues and Partial Hear
inc Of Mr.. Go!ts' Testimony.


Especial to the News and Observer)
Oxford, N. c., Nov 26.-The end of the
second days hearing in the Gattis-Kilgo
case sees only the presentation of COM
plaint and answer, the submission of is
sues and the partial hearing of the tes-
timony Of the plaintiff Gattis, who was
closed
Mr.. Umstcad, whose testimony and
possible appearance in court consumed SO
much time yesterday, has not yet ar
rived The telegram receiveda yesterday
said that at ten O'Clock today Mr.. Um-
stead would be here but court closed
without his appearance and the affidavit
of Mr. Gattis concerning his testimony,
alleged to be material, is still in force.
Before adjourning court Judge Shaw
announced that after today, night ses-
sions would be held. He wanted to be-
gin tonight, but the lawyers managed
to get one nights grace.
Mr.. Gattis proved good witness for
himself He kept cool and his answers
or direct and cross examination were in
keeping with those Of the previous trial.
Judge Winston was caustic and probed
deep in the cross s-examination but des-
pite the heavy fire Mr.. Gattis kept cool
ard answered steadily. kilograms sent
from here stating that the answers OF
talesmen in selecting a jury showed de-
crease in the sentiment for Gattis ap-
pears Just the other way, the proportion
being eleven for and four against him of
those rejected for this cause.
After dinner Rev A. D. Belts and Mr..
Charles w. johnson were put on the
stand as character Witnesses for Gattis,
as they desired to leave on the afternoon
train Belts testified that he had known
Gattis for forty-nine years and his char
acter was good. Mr.. Johnson said he had
known Gattis all his life and that Cat
It's character was good
Mr.. Gattis then again took the stand.
He stated that the charge of un-C Chris
tan-like conversation in his store in
Durham was not true as to his knowl-
edge, that there was no such charge in
the Clark -Kilgo trial; that the first he
knew of it was the report in a daily
paper the following Sunday. He said
that it was in 1894 that he told DR.. Pea
cock of the good reports from Kilgos
friends in South Carolina, and it was
over three years later that he told him
that in that State people were laughing
in their sleeves about Kilgo in North Car
olina He said his character had been
approved by conference for thirty y-eight
years and that after the investigation the
report to conference was, There is moth
Sng against Brother Gattis as to the
Clark -Kilgo trial at Trinity.
He testified that it was private, citing
the case Of the exclusion of Mr.. Merritt,
of the News and Observer from the
room The testimony there was not un-
. der oath and the stenographer, the pri-
vate secretary Of DR.. Kilgo, was not
sworn That DR.. Kilgo and others OBJ
jectss to an oath being administered to
the board.
Judge Graham here read Judge Clarks
challenge to the trustees in hearing Che
rftotter, and Mr.. Gattis continued he
told of his statement to Rev. GriSsOr
that he would give a hundred dollars
to be out of the matter and this was
told in confidence on the way home ana
not word said in the board meeting;
shat he did not try to dodge questions
there, but tcld the truth. He told OF
his determination at one time to prefer
charges against DR.. Kilgo in conference
and of the matter of a settlement of the
affair which was attempted through sew
eyal preachers, Rev. F. d. Swindell among
them.
Just here all the questions were di-
rected to showing feeling existing against
Gattis by Kilgo before the Clark-Kilgo
investigation, the refusal of Kilgo to
leave his buggy and enter Gattis' store
and his conversation about State Funds
80 the University with Gattis being
drought out To these questions excep-
t}ons were noted.
The direct examination of Gattis was
concluded with his statement about the
effect of the publication in the pamphlet
containing DR.. Kilgo's speech upon him.
He told of his mental anguish and of
che charges weighing upon him heavily
The cross s-examination by Mr.. Winston
was sharp His first questions were
those asking Gattis if he did not have a
bad feeling over tattling and gossiping
about man who had befriended him,
Cattis at all times denying gossiping
and saving that he did not regard it as
such.
Judge Winston went fully into the
nnestions of G~ti;-, -~,'s with Judge Clark
and DR. Peacock about the Kilgo reports
from South Carolina. The first Gattis
said was in confidence after he had been
told by Judge CLARK of his trouble and
the second was not. He acknowledged
.findlv treatment by Dr. Kilgo, and said
rhat in South Carolina at conference