The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-27

VerSatlOn with Rev. John r.. UNDERWOOD,
who said that Kilgo was a graduate.
This, Gattis said, was not so and I'm
derwood said if that was true he would
prefer charges of immortality against
Kilgo.
Further questions along the line of gos-
siping about various members of the con-
ference he denied, saying that in conver-
sation he and others would talk of various
men and their work In response to
questions he stated he had said he could
not get justice from the conference that
he was superanuate and last year had
received seventy dollars from it; that
with health broken down and after thirty
eight years of service he had to take it.
If not he would have been criticised;
that a year ago he had to borrow three
hundred dollars.
Questioned about his financial condition
on August 1. 1898, he calculated that his
assets over his liabilities amounted to
about two thousand dollars. In relation
to his tax returns being less than given
in 1898 he explained by saying that his
son made the statement and the books
outstanding with numbers of the confer
ence were neglected in the report.
Here line of questions involving
surance Company that he used opium and
had renewed policy by misrepresenta
ton were denied, Mr.. Gattis saying he
knew of no such charges. 1t was sought
by his attorneys to get his defense to
introduce papers in this suit for the can
collation. of his policy. This they re-
fused.
Then the defense asked him about mon
m nm pndOrSpmpnf
B N. Duke. He said this was fifteen
hundred dollars and had been repaid
with eight per cent interest, and that
he had sued Duke afterwards. He also
said that ]. S. Carr as well as Duke,
had loaned him money without security,
but that after his trouble Mr.. Carr took
mortgage for two thousand dollars.
Later the questions turned upon let
ter published by Gattis in the News and
Observer just before the pamphlet was
issued ins which he denounced Kligo and
which counsel said in questions was as
vituperative as the language used by
Kilgo about Gattis in his speech. This
language which said that Kilgo would not
hesitate to ruin any man in Southern
Methodism or anywhere else, Mr.. Gattis
said he believed was true then and true
now; that the treatment he had received
from Kilgo made him believe it.
The jury before whom the Gattis- Kilgo
case is being tried is composed of eleven
farmers, these being Messrs. Herbert
Gregory Erastus Mitchell, William DAN
iel, j. w. Strother. R. S. Royster, William
r. Currin R. NJ. Riggan, j. r. Rem, For
est Hammeil ]. D. Williams and M. B.
Crews, the twelfth man, Robert ID. Roys-
ter, being a merchant. There are but
three men over so years of age n it,
the others ranging between % and 40. In
appearance it is above an average jury
and the attorneys on both sides seem well
satisfied with it's personnel.
Of the original panel but seven men
were chosen. The reflections from the
panel and of the talesmen summoned
were for the following causes: peremptory
challenge by plaintiff, four; by defendant
three: because of serving on the jury in
the last two years, four not free hold
ers, two by consent, one formed and ex-
pressed an opinion. one found and ex-
pressed the opinion that Gattis ought
not to recover damages. four that he
should recover damages eleven.
Before beginning the hearing of wit
ncsses this morning it was stated to the
court by Gen. Royster that it seemed
that the hearing of the case would con-
sumo the remainder of the term and
permission was asked that number of
witnesses be allowed to depart and some
cases be deferred to another term. The
judge held this under advisement.
The first event of the mornings ses-
sion was the reading of the pleadings.
The complaint was read by Mr.. j. c..
Biggs and section by section was an
swered for the defense by >Gen B. S..
Royster.
The complaint is well known. 1t is the
same that was made year ago, and dam
ages of $4,000 is asked. 1t states that
the plaintiff, Rev. T. j. Gattis, is min
lister in the Methodist church and was,
prior to the charges made by DR.. Jno. G..
Kilgo, person of good fame and credit,
enjoying the good opinion of all persons
who knew him, that he was member
of the book firm of T. j. Gattis & Son,
| doing a good business in Durham up to
the time when the alleged sianderous
words of Dr.. Kilgo were spoken and
published. In the complaint the words Of
DR.. Kilgo, alleged to be slanderous, given
in the report of the speech Of DR.. Kiigo
and published in the pamphlet issued by
DR.. Kilgo and Messrs. Odell and Duke
given the publication of these being the
basis of the suit it being charged that
the publication brought the plaintiff CAT
It's into public scandal and disgrace, and
destroyed his usefulness.
This publication is claimed by the plain
tiff to have deeply wronged him. dam
aged his feelings and injured his busi-
ness in the sum lof one hundred thousand
dollars damages, this being the sum
asked to be rewarded.
A seperate answer was made by the
defendant DR.. Kilgo from that of Messrs
| Duke and Odell. He denies any malicious
! intent in the publication Of his speech
but claims that the publication was privi-
| legged, a true and accurate account of the
| Kilgo- Clark controversy which the MEM
| bers of the Methodist church were en-
| titled to hear Denying all malice the
| answer declared the allegations made
| against Gattis were true and that the
| differences and arguments drawn were
| just and accurate.
Messrs. Duke and Odell deny that they
| published or caused to be published the
| speech containing the alleged libellous
matter, but that it was done by order
| of the trustees of Trinity College. They
| say this was justified as a privileged