The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-26
Leads all North Carolina Daiesin News Circulation

begun until after the arrival or the
morning train from Durham, which
reached here at 11:20, bringing num-
Der of attorneys, witnesses and DR.. John \
G. Kilgo. Among others who came in
on that train were Major W. A. Guthrie,
Mr.. James H. Southgate and Prof. Flow
ers.
Judge Thomas ]. Shaw presides over
the court, which had it when
the case was called, more lawyers and
witnesses than there We're spec
tators. OF counsel for the plaintiff
there were present ex-Judge A. W. Gra-
ham, Major. w. A. Guthrie, Messrs.
Hicks & Minor Mr.. J. Crawford Bggs,
and Mr. s. M. Gatts, the absentees be-
ing Hon. c. B. Watson and Mr.. r. b.
Boone. The attorneys for the defend
ants, Dr. Jno. c. Kilgo, Mr.. w. r. Odell
and Mr.. b. N. Duke, who were present
today are Messrs. Winston and Fuller,
Il. T Hicks, Royster and Hobgood, two
of the attorneys in the last case being
absent, Mr.. r. o. Burton. whose death
ended his connection with the case, and
Governor G. b. Aycock, whose office as
Governor caused him to withdraw
Immediately that the case was called,
Judge A. W. Graham addressed the
the case had been denied because of the
absence of attorneys for the plaintiff, he
desired to make a statement to the
court concerning absent witnesses, some
of whom he expected in during the day.
Among these he named Editor John r.
Webster, of Webster's Weekly, Mr.. b.
c. Beckwith, whom he understood was
in Goldsboro, Rev. r. B. John, Rev. T.
A oth M
witness absent, he stated, was Mr.. ]. w.
Umstead.
Concerning him judge Graham stated
that he was a most important witness,
material to the case, one on whom the
plaintiff, Gattis, relied to prove damages
to him in business relations as we'll as
to character.
At this point Judge r. w Winston in
terrupted Judge Graham to say that ia
this matter an affidavit would be neces-
sary, and that he did not think these
statements should be made otherwise.
Judge Shaw ruled that the statements
could be made and that if necessary an
affidavit could then be prepared.
Continuing Judge Graham stated that
Mr.. Umstead was steward in church
which Mr.. Gattis had served, and that
cause of the publication of the pamphlet
in which were contained the alleged
libelous statements, the usefulness of
Rev. t. ]. Gattis was impaired and his
character damaged because of its circu-
lation through the congregation in which
he (Umstead) was steward. that this
state of affairs had caused Mr.. Umstead
to call the attention of the Presiding Ell
der of the district to the matter and ask
that Rev. r.. j. Gattis be not returned to
his charge there; that there was nothing
AGAINST Mr. Gattis character, but that
the publication, whether true or false,
made him not acceptable.
Besides this Judge Graham stated that
he also desired to give by this witness
the facts relative to the attacks made on
Mr. Gattis in his cross-examination at
the previous trial, when it was sought
to bring out the statement that there
had been Interpretations of money
passing through his hands in the returns
going up to the quarterly conference and
to the annual conference of the Metho-
dist church.
Judge Winston, for the defense, asked
that an affidavit be prepared in the
matter. He also inquired if Mr.. Um-
stead had been subpoenaed. To this
judge Graham replied: THAT was not
necessary. he had been subpoenaed at
the previous trial, and all that was ne
cessary was a notice now. That this
notice had been given and that he had
letter from Mr.. Umstead saying that he
would be present if he could. but was
very sick at the time" After this Judge
Shaw gave counsel for the plaintiff till
2 o'clock to prepare their affidavit and
the next case ON the docket was called.
During the progress of the statement
concerning Mr.. Umstead's absence, it
was stated that he lived tweuty-one
miles from Oxford. and Judge Winston
remarked: "Ill have him here by three
o'clock.
AS has been stated, DR.. Kilgo is here.
Mr.-W r. Odell is attending conference
and Mr.. r. N. Duke is also absent. Rev.
T. j. Gattis is here and the following:
Judge Shuford Mr. r. NJ. Furman, of
Raleigh; Mr.. James Southgate, Prof. II.
l.. Flowers, and Mr.. V. Ballard, of Dur
ham; Mr.. G. w. Johnson, Rev. A. ID.
Belts Rev. f. W. Swindell and Presid-
ing Elder Gibbs. Others are expected
during the afternoon.
EDWARD f. BRITTON.
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