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

The court began it's fourth day work
it's Thanksgiving day service-with
Judge Graham on the floor with the
Book Of Discipline of the Methodist
church in hand.
From this he read and offered in evi-
dcnce paragraph 5S3, which says: "The
existence of prejudice against the ac-
cused in church trial does not disqual-
lfy one who is member from acting as
prosecutor, though it is disqualification
for trier or juror" and paragraph 299.
II any member of our church shall re-
fUse, in case Of debt or other disputes, to
refer the matter to arbitration, when re-
commended by the preacher in charge,
or shall enter into a law suit with
another belOre these measures are taken,
ne shall be dealt with as in cases of i'm
morality, unless the case be of such a.
nature as to require and justify process
at law"
The defendants made objection. but as
the Book of Discipline had been proven
by Rev. f. d. Swindell while on the
stand, the paragraphs were admitted.
Then the statement made by H. c.
Seaman, of Durham, was introduced by
consent. 1t is that Seaman had printed
by order Of Prof. Flowers ten thousand
copies Of the pamphlet. That he had de-
livered five or six thousand, DESTROYED
by fire about two thousand and balance
on hand and all were paid for by Trinity
College, the defendants never having
spoken to him about the pamphlet or
- making any agreement about it.
Next the plaintiffs introduced a para
graph from the answers of DR.. Kilgo in
this case in which he says the charge
against Gattis was true and the infer
onces drawn were just. Objection was
raised by the defense as this being an
incomplete portion by a statement made.
judge Shaw admitted the. paragraph
Here counsel for the plaintiff withdrew
for consultation and in the interim a
juror reached over to the table in front
OF the jury box and secured Bible.
which he proceeded to read, looking
probably for his Thanksgiving sermon.
In few moments counsel returned
and judge Graham said:
THE plaintiff rests"
Immediately judge Winston was on
his feet. saying:
We demur to the evidence and move
for non-suit for and on behalf Of each
and every defendant. We enter the Joint
and several demurrer of each and eyery
defendant
tn jury was dismissed and argument
On the motion was in order, before this.
however, Mr.. Biggs asked permission
and presented another argument in sup
port of the contention of the plaintiffs,
that the Trinity meeting was a quail
fied privilege"
Ihls being completed Mr.. T. T. Hicks,
for the defense, began his argument in
hebalf of the motion for a non suit. his
contention being that there had been no
evidence of malice proved in the utter
ance or the publication
Mr. Hicks made an earnest speech. He
began by stating that there were abso-
1utely only two new points, these being
that Gattis had interspersed his colport-
aee work with a few sermons. and that
Kilgo and Oglesby had been seen living
On their stomachS.
Continuing he argued that there had
been no evidence of malice and hate
shown in the publication, which was an
antidote for the bane of the published
charges against DR.. Kilgo. He cited the
decision of the Supreme court and cloCed