The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-27
|MR. GATTlS SHARPLY
CROSS QUESTIONED.
Continued from First page.)

meet and repel attacks made upon 1T.
The issues submitted were exactly the
same as those submitted last year. Inc
defe ndant gave notice of objection to the
second issue submitted, and the jury
withdrew that argument might be made
on it. This issue is, WAS Such Detama-
tory Publication False?" and Judge Win
ston argued from the decision OF the Su-
preme court in the case that it should not
be submitted. All the issues had been
agreed on at the previous trial and IN
this view of the circumstances Judge
Shaw said he would present to the jury
all the issues as submitted To TINS,
counsel for the defense ask that an ex-
ception be noted. The jury was then re-
called to the court room.
The following seven witnesses We're
called and sworn for the plaintiff: Rev.
T. ]. Gattis, Judge Geo. A. Shuford, Mr..
R. NJ Furman, Rev. A. d. Belts, Capt. vi
Ballard, Mr.. Jno. r. Webster, Mr.. c. w.
Johnson.
Before any witness went on the stand
the pamphlet containing the account OF
the investigation of the Clark Kilgo con-
troversy was offered in evidence.
The plaintiff also offered in evidence
the answers of DR.. Kilgo, as president
OF Trinity College, and Messrs. Duke and
Odell as set forth in the pamphlet, as
showing their connection with the Board
of Trustees of Trinity College in the
publication and circulation of the pam
phlet by authority of a unanimous vote
of the board, and hence of their partici-
patton in the publication and circulation
of the alleged slanderous matter To this
the defense objected and Major Guthrie
read portions of the pamphlet which tbs
plaintiff desired to put in evidence. OBJ
lection was made by the defense that
lines and sentences were being selected
and insisted that full paragraphs must
be used Argument on the matter re-
suited in the Judge ruling that detached
statements could not be offered. To this
exception was made by the plaintiff
The plaintiff then put in evidence GER
tain paragraphs in the pamphlet going TO
show the participation OF Messrs. Kilgo,
Duke and Odell in the publication and
circulation of the pamphlet, and the first
witness was put on the stand.
This was Rev. T. j.. Gattis the plaintln,
in the case He testified that he was
and is minister in the Methodist church
of the North Carolina Conference, having
been so far forty-one years, that ne Is
63 years old. that for a number or years
he had conducted business as colpor-
tyur and Sunday School Agent in Durham
The examination of Mr.. Gattis then
went into an examination of his business
affairs before and after the publication
fthe pamphlet complained of was is
sued and circulated. Counsel for the de-
tense made numerous objections during
this testimony, but it was usually over
ruled. The testimony OF Mr.. Gattis up TO
adjournment at one O'Clock, was pract-
cally the same as that offered last year.
the questions being propounded by Judge
Graham and the verbage being the only
difference. 49,
Certain questions were asked Mr..
Gattis about the loss of Sunday school
trade. To this the defense. objected and
were overruled, their objection being
that special damages were not alleged
in the complaint When Mr.. Gattis was
asked about the preaching that he had
done during his work in the colportarage
the objection raised was also overruled
and he stated that preaching was one of
the duties he performed, doing this from
thirty to sixty times each year, this ser
vice being rendered in both the North
Carolina conferences and in the South
Carolina conference.
s In answer to questions concerning his
business. Mr.. Gattis told of his receipts
and expenses prior to the publication OF
the pamphlet, and after showing a great
contrast In 1897, he SAID, his sales
amounted to $4,000. In 1898, after the
Kilgo speech they were $12,442 and in
1899 they were sS,774 In December,
1897, they were $4,649.37, while in De-
cember 1898, they had fallen to $2,133.7S
and in January, 1900, he went into bank
ruptcy.
In 1897, Mr.. Gattis stated, that his
profits were about 81, 700, expenses about
], 900, his expenses each year being from
81, 800 to $4,000. In 1898 it amounted to
about 5000 and decreased till bank
ruptcy came, because he could not pay
his creditors.
Having told how his business had gone
to wreck, this question was asked Mr..
Gattis by Judge Graham:
What was the cause of the decline in
your business"
Here the defense put in an objection
that was overruled after some discussion,
and finally this answer was given.
$50 far as l know the investigation al
Trinity College and the publication of
the pamphlet"
Later, Judge Shaw, after thinking over
the matter, decided that the question
should not have been allowed, and or
dered it stricken from the record the
jury not take it into consideration
This being done the counsel for the
plaintiff went at the matter from another
angle, as the following question and an
swer show:
Before the publication of the pamph-
let, what was the returns from your
hus:ress?"N
BEST returns from Sunday school
itinerant ministers and laymen of the
Methodist church,
How did the publication affect your
patronage" To this an exception was
taken and sustained, to this the plaintiffs
counsel objected.
After the publication of the pamphlet
what of your business"
Main Street Methodist church, Durham,
Immediately withdrew it's patronage, Mr..
B. N. Duke being an officer Rev j. B.