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

For nearly three hours tonight the
court was occupied with the address OF
Mr. ]. C. Biggs for the plaintiff. 1t was
a clear concise statement of facts as well
as a powerful argument on behalf of Mr..
Gattis.
His Introductory remarks blazed his
way. He said it was not the trustees nor
Trinity College nor the Methodist church
that was on trial, but that it was a
case in which Mr. Gattis was suing for
libel three observation-disclosures. Duke,
Odell and Kilgo.
He took up the three issues submitted,
one by one. After defining libel, he said
the suit was not for Kilgo's speech, but
for its circulation when the defendants
either knew it to be false or could have
informed themselves, this constituting
malice, though motive of anger at Cat
tbs would bring the same result.
The first issue: Did the defendants
publish the defamatory matter COM
planned of" was answered in their own
pleadings and tine judge would instruct
that this question be answered eyes"
Their responsibility is fixed in the PAM
phlet itself and the records of the board
of trustees put in evidence.
The second question: WAS such defam-
atory publication false?" was next taken
up. Here he reviewed the troubles lead
ing UP to the Clark-Kil meeting at
which the Kilgo speech was made, start
ed with the ball set in motion by Rev.
Jurney, who he saia twas to fight for
Kilgo with hands, nails, teeth and when
these gave out would gum it for him. y
Describing the Kilgo speech he said it
was made up of attacks on Judge Clark,
Mr.. Beckwith and Mr.. Gattis, the charges
against Gattis being of SANDER. hypoc-
risy, gossip in his place of business and
with being worse than a murderer. These
charges, he declared, had not been sus-
tained no witness having appeared to do
so and evidence being produced to dis
prove the slanderous charges against this
good man Gattis
He wetn into details over the various
charges and citing from the evidence in
troduced by witness after witness,
brought forth in strong terms the attack
on the character of Gattis and the break
ing up of his business by means of them.
How defendants would prove it, he knew
not, except that the charges were true
because made by Kilgo, but Kilgo had not
gone on the stand to swear it and de-
| PENDANTS counsel would have the jury
believe the charges because Bishop Dun
| can and Senator McLaurin gave Kilgo a
| good character and disbelieve the wit
nesses who testified here under oath that
| these charges were not so.
He then took up the third charge:
"Was the defamatory matter. malicious?
| and quoted from the Supreme court as tc
| the proof necessary, this being that if II
| was false and defendants knew it, oil
| failed to inform themselves 0 it's falsity
| opportunity being given it was malicious
| and this opportunity was given but moi
used He quoted also from Ramsey VS.
| Cheek, to prove his contention. Kilgo not
| alone published the statement but per-
| sists in the charge that it is true. AS
| further proving the charge of malice he
/ cited the efforts of counsel to affirm by
| insinuation that Gattis was an opium
J eater and had tried to defraud an insur-
| ance company.
| "Do you not see the animus?" he cried
"They are bounding Gattis down to the
very last. His business destroyed, they
/ are still after his good name"
He denied that the publication could
| be a privileged one, as the issuing O
| the pamphlet was ordered before Judge
Clarl1's speech appeared. The additions
1 circulation by supplements to newspaper
| containing Kilgo's speech and the adver
| Using of Flowers to distribute were added
| evidence of malice, he said for sucl
| means were not necessary to reach thu
| patrons of the college.
With added argument he asked for an
| swer of yes to the third issue ant
passed to the fourth issue: "Wha
amount of damages should be paid 2
| There were two grounds of damages
| first the damage to his business which
had given him an income of eighteen hun
| dred dollars per year, and damages t
his character. Mr.. Biggs showed Gattis
business condition, his ability to car
for an expensive family; sons and daugh
tiers to educate and said that he ha
| come from this to seventy dollars q yea
which Judge Winston said ought to "burl
his pocket" though it came from peopl
| whom he had served for forty years.
In closing, Mr.. Biggs said:
His business is gone, but thank God
do not believe that his character
gone, for believe you twelve men, whel
] you retire to your jury room win consul
and bring in verdict in his favor
Frequently during the speech Mr.. H1ck
would interrupt Mr. Bggs with explana
lions and objections but with seemingi
| no effect upon him.
Nx<S