The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-30
Mr.. A. A. Hicks Argument.

AS the fifth day of the Gattis-K Kilgo
trial began in it's second hearing before
a Granville county jury this morning Mr..
A. A. Hicks began his argument for the
plaintiff.
1t was cold <morning and the few
spectators in the court gathered close
to the stove, the judge himself finding
position near it more comfortable than
that behind his desk. The jury looked
bright and refreshed after their first
night spent together for it was not
until last night that Judge Shaw ordered
that the jury be kept together and put
them in charge of special officer.
The jury is one that evidently likes
a joke. The speech of Mr.. A. A. Hicks
had in it many witty anecdotes that il
lustrated the points he was seeking to
drive home to the jury, and at some OF
them there was not man in the jury
box who kept from smiling, and smiling
broadly.
His speech began with an announce
ment of the purpose of the plalntlH to
make no attack on Trinity College or on
Methodism, but simply to try the case
OF one man against those who have ma
lgned him.
Starting back at the early controversy
Judge Clark and Dr. Kilgo, he went over
the history of the controversy which led
up to the charge made that Kilgo was
q wire puller and an ecclesiastical ma
nipulator charge which he said had
been fully sustained by his threats to
run Dr. Kingsbury out of the State, and
to drive Judge Clark from the Board of
Trustees of Trinity, as we'll as by wit
nesses on the stand.
Mr.. Hicks here humorously alluded to
the attitude of Drs. Oglesby and Kilgo
in the grove at Trinity where they lay,
as he put it, "canoodling" together and
said that one man who was "canoodling"
was the prosecutor and the other the
man on trial He entered in to the "dia-
mond ring" assertion charged against DR..
Kilgo his threat against DR.. Kingsbury,
his speech of laudation of Mr.. Washington
Duke and said that none of the North
Carolina charges against DIR. kilgo, so
important in the trial, were taken up and
investigated.
Continuing his remarks he said that
the State and Durham had been raked
over to find some evidence OF gossip on
the part of Mr.. Gattis, and of unseenly
and un- Christian like conduct in his store
in Durham, all without result.
Speaking of the matter of gossip, one
charge made against Mr.. Gattis, he said:
That's the question at issue, Was MI.
Gattis gossip? It's only the conversa-
tions with Judge Clark and DR.. Peacock
that they've got against him. Mr.. Gattis
had the best opportunity Of his life to
lie when on the stand at Trinity if he
had desired, but he told the truth, and
said that some people in South Carolina
had said that Kilgo was wire puller.
For this truth he is being pursued"
AS to the question of malice, which is
the root of the question to be settled,
Mr.. Hicks said:
His Honor will charge you that If this
publication was circulated by the defend
ants knowing it to be false, or not using
the opportunity to find out its falsity,
then it was malicious.
"Mr. Duke knew that the character of
Mr.. Gattis was man of good character,
not gossip, maligner. Why, he loaned
him money, indorsed for him, without
any security, and he could have dscov
cred the falsity of the charge of his sta:e
being an indecent place, if he had sought
for it.
Now, about the question that Mr.. Cat
tis ought not to sue member of the
church, but ought to have taken up the
matter in conference. He is a man like
Others, and the court is the only possi-
bic place where a suit of this nature can
be brought
They will argue to you that Mr.. Cat
ms had no paying business. Why, he
made living for large family. Ho
MADE enough wear by year to take care