The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-28
The Night Session.

After supper the plaintiffs presented
their arguments tending to show that the
investigation meeting at Trinity was an
occasion OF qualified privilege, while the
defense contended it was absolute, Judge
Graham, Major Guthrie and Mr.. Biggs
each arguing for the plaintiff and Judge
Winston for the defense the question at
issue was If evidence about affairs in
the meeting was admissible and this
was the contention OF the plaintiffs
Judge Shaw, after argument. told them
they could continue to introduce such
evidence, though he would for the present
mae no final ruling.
Mr.. Beckwth again went on the stand
and read the depositions taken in South
Carolina. He testified to the record of
Kilgo in North Carolina being cut off
in the investigation and of the refusal
to allow Judge Clark to speak. He asid
that at the Clark Kilgo meeting every
body tried to talk at once, that IL was
at times right spicy; that Kilgo's man
ner toward Gattis was overbearing, harsh
and at times offensive. He told of Bishop
Duncan's deposition in favor OF Kilgo,
and OF a call made as he was leaving
Columbia to take depositions of Cover
nor Ellerbee and Senator -IcLaurn for
Kilgo. Did not know that any were ex-
cluded in trial as they were sent to
Southgate. Telling of going to the trial
as witness said he saw Kilgo and Oglesby
lying on their stomach in the grove at
Trinity with heads together, looking over
q paper. The subpoena on which he went
was signed by Southgate.
Here the defense tried to get him to
say that his name written in the sub
poena was in Judge Clark's handwriting
but he said he did not know
John r. Webster next testified, he de-
scribed the position Of Kilgo and Oglesby
as on their stomachs as did Beckwith.
Said the investigating trial was "a mon
umental farce" but this was ruled out
Then he described il as "boisterous
brethren all wanting to talk at once
He told OF Profs. Flowers and Bassett
running To the door and holding ii shut
when Mr.. Merritt started in and OF DR..
Kiigo's running and locking it and of his
abuse Of the News and Observer, de-
scribed Judge Clark's attempt to get
sworn stenographer and Of Kilgo's re-
fusal TO have two as they might CON
hct, of the challenge to the jury, of
the refusal to let him testify on Kilgos
record in North Carolina and OF his
exclusion from the meeting next morning,
when, as he had before said he Nancy
Hanked" it to the train and left. Saw
supplements with the Kilgo speech and
read an advertisement signed by Prof
Flowers, saying that parties who wished
pamphlets could get them.
He described Kilgo's manner in the ex-
animation Of Gattis as not only imperious,
but an effort to bulldoze from start to
finish, at times absolutely cruel. He
described Judge Montgomery as aiding
Klgo in the investigation by having
"Greenleaf on evidence" and telling Kilgo
of points and bowing his head at him on
cross s-examnation, said that he did not
understand that Bassett and Flowers
were appointed door-keepers and that
neither Duke or Odell aided Kilgo at the
door or in his abuse OF the News and
Observer.
Before leaving the stand Mr.. Webster
asked to correct wrong report about
his expressions concerning Prof Carr.
He is a Christian gentleman and
meant nothing against him when / said
he was a come day, go-day. God send
Sunday kind OF a man. He is my old
school master and ! just mean he took
things easy, as ! do"
When this description of DR.. Kllgo and
DR.. Oglesby fiat on their stomachs was
made there was much laughter even some
OF the Jurors aiding in It,
"Kilgos reputation in South Carolina
Is understood to be that of an eccesias-
tical politician, manipulation and a wire
puller in church and conference matters
a. man who sought to obtain his purposes
by indirect and sometimes questionable
methods"
Judge Winston asked If he did not
know that Bishop Duncan and the Gov
ernor of South Carolina had said Kilgos
character was as good as that Of any man
in the State, this being at the last trial.
To this objection was mode by the plain
tiff's counsel, and as Judge Shuford had
said he had not heard this testimony the
objection was sustained.
Mr.. l.. W. Grissom, Of Durham, who
clerked in Mr. Gattis' store in Durham,
said he knew Of no unseemly or un-
conversation that had
taken place in the store, and that Mr..
Gattis was as chaste and pure In his
as any man he ever knew.
Robert Ferrill, who kept books for Cat
lis, testified that the conduct in the store
was not Of an unseemly character and
there was no un- Christianlike gossip.
He said that his assets exceeded his
liabilities little and that forced sale
would have about evened them. That
Gattis was slow soy in paying
Continued ,ge)