The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-01

before entering upon the issues, Judge
Graham said
eve realize that the burden of proof
is on us and that we must prove evil
dences of malice, but / believe that the
evidences are such as to be overWhelm-
ing
The first issue: "Did the plaintiffs pub
lish the matter complained OFF, was soon
settled as Judge Graham simply called
attention to the promised charge CT the
judge that it should be yes "This
is set FORTH he said, Tin the answers
of Messrs. Kilgo, Odell and Duke, the lat
ter two saying they had published it be-
cause of circumstances named later and
the former that he published it because
it was true.
Were tle defamatory statements
false?" the second ISSUE was next re-
viewed, and Judge Shaw was asked to
charge the jury that if they believe the
evidence in the case they will return an
answer of yes
THAT the charge of Gattis' store being
a place of unseemly behavior and gossip
had been proved absolutely untrue by
numbers of the very best witnesses from
Durham, and this one charge being proved
false would bring verdict but not alone
was this charge false, but all the allie
cations of John C. Kilgo are absolutely
false. The character of Gattis has been
proven by reputable men, he is men,
Der of the Methodist church, is a minis
ter, was assigned work by the Bishop,
is colporteur, and must not only sell
Christian literature but must preach, ald
never complaint about him except from
John C. Kilgo.''
When man brings charges hc ought
to back them up, to have the courage
to do it. Kilgo made the charges, he
ought to prove them, or have the man
hood to say: 4 believed the charges to
be true, but ! have found my mistake
and I withdraw them
"Kilgo says in the blue back You can
not believe any man who will not back
his words and yet John c. kiigo sat
by the stove and on bench here and
did not have the courage to come forward
on the witness stand and under oath
back up his words.
"Gattis does not hide, he lives in the
search light of truth, men all over North
Carolina testify to his character, and yet
this man, who talks of him III the trus
tees room when the witnesses are gone
has not the courage to come AMI re-
tract his slanderOus charges
Discussing the compromise agreement
proposed by various ministers and carried
on by Rev. Mr.. Swindell, Judge Graham
said "Gattis was right not to sign and
leave this paper in Kilgo's hands. He
knew of his record in South Carolina and
he did right to distrust him.
WAS Gattis the original maligner? If
SO, what of the evidence Of Judge Shu-
ford, gathered in 1894, over year before
Gattis went to South Carolina, hear
Boone, and Lyon tell that this GAS Us
reputation before, and read DIR kilgos
speech itself and you will see that lie
confesSes to be a maligner on a grand
scale. With him the offense was that
some one had an idea that he was detail
manipulation. Now, do not all these things
prove Kilgo to have made false charge.
After telling that Gattis was not afraid
to come on the stand and testify. Judge
Graham discussed the question of malice
and that of the law. The law looks at
the effect on a man-on T. ]. Ci,ttjS-
and not at the effect on the iarty who
started the falsehood. Falsity of word
is not an evidence of malice, but to know
a thing is false, or to have the means
to know and do not, then arc We guilty
of malice
Gattis did not furnish the names to
Judge Clark, as has been accused. re
swears he did not and no one denies it,
and this makes another evidence.
Among the reasons which Judge Gra-
ham gave that ought to have convinced
the defendants of the falsity OF the
charges are Gattis' character, his position
as colporteur, the conduct OF his book
store, the affidavts of Boone and Lyon,
and the speech of Kilgo himself
Here came the adjournment for the
night.
EDWARD E. BRITTON.