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

This morning Judge Graham began his
speech by presenting additional author
ity on libel which showed that in sddi-
tion to the causes heretofore enumer-
ated it was libellous to publish of man
that which would make him indictable, if
guilty.
Entering again upon the argument of
the evidences of malice shown towards
Kilgo to enter Mr.. Gattis' store some
time before the trial and OF the entire
withdrawal of the trade of the, defend
ants, who beforetime had been his friends
did they know the charges were false?
They could have found if they were. To
find the falsity of the charges about the
store was easy, and Judg Shuford has
testified concerning the record Of Dr. Kiigo
in South Carolina, while at the trial the
dispositions of Lyon and Meadows and
the words of Mr.. Boone told the story
"The refusal to retract ana apologize
is another evidence of malice. Or Kilgo
had said that if he ascertained his
charges to be false he would retract, but
he did not seek to find out, and despite
everything has not retracted, but still
claims the charges to be true
I'm a quarrel between Judge Clark and
Dr.. Kilgo was it to aid Trinity College,
or Methodism that the speech of DR.
Kilgo in the matter, as far as it re-
terms used had to be put in permanent
form and scattered broadcast
AS to the settlement paper not having
to be signed by Mr.. Gattis, Judge Gra-
ham asked the question What did they
TO RI I.11n fap
In this trial they reiterate every word
and stand by it and put it on record N
this court, but they don't bring one per-
son to prove these charges. The law
says if you repeat false charges and
don't prove them it is an evidence OF
malice.
1.-The conduct of the trial itself may
be put in as evidence Of malice. Has
not the defense indeavored to discredit
Mr.. Gattis by insinuatiOns concerning him
as an opium eater and man who tries
to commit fraud. Was it not cruel in
Judge Winston to sit back hero and take
up bundle of insurance papers, looking
like they had spent a time in court, Aid
by re reiteration Of insinuations that Mr..
Gattis was a confirmed opium eater, and
one who had tried to defraud az insur-
ance company, and when he denied this
to flaunt in his face these papers, ard
cry out at him Didn't you sign these pa
pers? Didn't you sign them?' Remember
now that these lawyers who appear for
Dir. Kilgo also appear for Messrs Duke
and Odell, and find in it another evidence
of malice"
1.-The repetition of SANDER is evidence
Of malice. The defendants attempt to
justify the publication about Mr.. Gattis
by saying that he published harsh things
about DR.. Kilgo first But consider tie
dates and you will see this is not So
Here Judge Graham demonstrated ty
dates that the Kilgo srof ch lad been au-
thorized to be published and was par
TALLY published when Mr.. Gattis' letter
appeared.
THANK God Trinity is too great and
Methodism is too great in North Carolina
to be injured by this cause. The events
of this trial will not injure it. The COL
lege and Methodism are not on trial.
but simply three individuals
Here Judge Graham asked Judge Shaw
if, as Gen. Register had commented on the
events Of the meeting at Trinity as not
showing malice, he could not comment
in order to show malice. Judge Shaw
said he had not been attending to the
argument of counsel, but his ruling Was
that no event of the meeting could be
used as evidence of malice.
After reading extracts from Mr.. Gattis'
letter telling of his opinion of DR.. Kilgo
Judge Graham asked if it We're not JUS
titled. what cares John =. ISilgo for
Gattis, or his wife, or his children, if by
striking down T. j. Gattis ne rain the
character of Judge Clark ?"
Then the fourth issue as to the amount
of damages was taken up, and comment
was made on the value of mans bust
ness and his character direct applica-
tion being made to Mr.. Gattis
Reading the words of the PsalmisI con-
corning the futility Of "heap:ng UP
riches" Judge Graham said he would
rather have the bank account of Thomas
]. Gattis on the other side of the river,
than to have the wealth Of the Roth
schilds In that great day who Will come
rejoicing bringing in the s1eayes?' Will