The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-04-28

went on:
Does it bear upon any of the eXcep-
tons noted by our friends on the other
side, during the progress of the trial?
Has it aught to do with any legal prop
osition upon which this court is to pass
The eminent Judge who tried this case
stated in the record that the case was
fairly tried by both sides upon high
plane. Can our friends hope to influence
this court by an appeal of this sort
The insertion of such matter in brief
in this court can but argue the despera-
ton Of counsel, for had they not been
desperate, they could and would never
have so far forgotten themselves as 20
have hoped to influence this court by
such natter
Judge Graham followed Mr.. Blggs
and answered some of the exceptions
to the admission of certain evidence
and argument used by counsel in trial
of the case at Oxford
The argument of Judge Graham was
,, directed to the following grounds, and
they are the principal ones. set forth oy
the defendants for an appeal:
That Gattis' attorneys had called at
tention to frequent references by Kill
COS attorneys to the fact that John N.
a verdict for Gattis meant condemna-
ton of Cole.
That another attorney had in his ap-
gument said that j. H. Southgate,
president of the beard of trustees of
the college, stated that he was opposed
to all public schools, and they ought to
be abolished.
That one of the counsel for plaintiff,
proyement to the motto appearing oil
the arch over the front entrance &c
Trinity Park, that words be changed to
read, 'Eruditio ct Religio ct Cherooto
eft Cigaro ct Cigarette ct Kilgo"
Answering these, Judge Graham said
it was fact that Mr.. Cole occupied
prominent place in the court and was
very active during the entire trial,
that frequent references We're made to
him, Mr. Winston in his remarks be-
fore the jury calling his name some
fourteen times in almost as man min
utes: that Cole was raised in Granville
county and was related by marriage to
one of the jurors. Under these cir
cumstances, he thought counsePs refer
ence to him perfectly proper. As TO
the public school and cigarette remarks,
court as soon as the other side OBJ
jected and the jury had been told not
to consider it; this was all the law re-
quired.
He argued that Judge Shuford's
evidence was admissible and proper.
This was to the effect that DR.. kilgo's
reputation in South Carolina was that
of manipulation, ecclesiastical polits-
l. al llf AC hid
down there. sought positions for him
self and his friends; a man who liked
to run things, and sometimes employed
indirect methods to do it.s Judge Gra-
ham added: This was from man Of
DR.. Kilgo's own church, from man
in no way connected with either the
Clark or Gattis controversies, and he
was testifying to facts learned four
years before either of these troubles
arose
Gen. Royster next spoke; in behalf
Of DR.. Kilgo. and read his speech. He
argued that the trial in Granville
county last fall was not real trial
of Gattis VS.. kilgo, but rehearing Of
the Durham trial of Clark VS.. Kilgo
The Oxford trial, he said, was not con-
Quoted in the manner in which such
Judge Clark had boasted that nine
tenths of the white people We're with
him against Kilgo-this deifier OF
wealth, teacher of political heresies,
and denouncer of silver and lauder of
the gold standard. The title of the suit
as tried in Granville, might as We'll
have been changed to Clark VS.. Kilgo.
A different method would prevail be-
fore your honors."
The speaker then went on to declare
that it was Trinity College, the idol
of the Methodists," that was attacked,
and by one of the household" He
asked if motives of honorable men
were to be distorted and perverted that
the plaintiff might be enriched, and
argued at length to show that the pub
lication was a privilege one and there
fore protected.
Mr.. A. A. Hicks, for Gattis, asked
that the cases of Clark VS.. Kilgo and
Gattis VS.. Kilgo be divorced. He
described Gattis' unwillingness to tes-
tify in the Clark-ISlgo controversy.
He said that poor as he was he had
rather give s100 than say anything
against Dr. Kilgo. and DR. Kilgo re
piled: Yes, / reckon you would;
$500 would be a big price for such a
man as you are Mr.. Hicks said that
before going on the stand, in that in
vestigation, Gattis had gone to Mr.
Southgate, chairman of the board and
Mr.. Southgate had advised him to go
and tell all he knew. His attorney had
advised to the same effect,
"Kilgos whole speech added Mr.
Hicks, was directed against Gattis
Listen, here is what he says: So then
Judge Clark is not the original accuser
but he has been dealt with by some
foul and common gossip Again he
says of Gattis: The truth has small
opportunity in his hands. Nor is that
enough. he calls him a perjurer: DO
you believe he intended to tell the
truth? / don't believe it.
The speaker asked why the pamphlet
was ever published, and argued that its
publication was not necessary. 1T was
done out of malice to make an example
for all who should come after-it was
to show what piece Of dust this great
man Kilgo could make out of an ordi
nary man like Gattis. But suppose
you excuse DR.. Kilgo for making this
speech, how can you ever excuse these
men for publishing it-sending it out