The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-29
Leads all Dailies News and Circulation

that IN tnelr statements the defendant
had to be false, knowingly false and ma
lfcious. The charge of malice must
stand On these three legs, take away one
and all fall
Judge Graham next addressed the
court. He stated that there We're four
issues in the case, and was proceeding to
argue AGAINST non-suit when Judge
Shaw said:
In reference to the four issues l shall
chargc, unless | decide otherwise, that
First. Did the defendants publish of
and concerning the plaintiff the defam-
atory matter set out?' Answer Yes"
md Was such defamatory publica-
tion false?' Here there is sufficient
evidence to go to the jury.
3rd "Was the same malicious?"
Upon this l would like to hear argument.
4th. What damages is plaintiff en-
titled to-" A question for the jury.
Then Judge Graham argued on the evil
dences of malice, urging among other
things the falsity of the various charges
against Gattis, when the defendants had
opportunity to know or discover this,
these false things being the charge of un-
seemly and unchristianlike conduct in
Gattis' store, the charge Of being the
original slanderer, the attacks in the
judicial trial on Gattis as an opium eater
and one who was trying to work fraud
on an insurance company. He reviewed
the evidence submitted and declared
there was no proof that any charge was
i true, and that the published speech of
kilgo was not necessary to set the col
,, lege right before the people, the action
Of the board being all that was neces-
sary, and that neither Methodism nor the
people of North Carolina had been help
ed by the attacks on Gattis, After an
able argument he asked that no non suit
be granted.
| Judge Shaw then asked to hear fron.
i Mr.. .Biggs on evidence of malice against
Messrs. Duke and Odell. The argument
| made was that both could have foun
the falsity of the charges against Gattis.
as one lived in Durham and the others
were there frequently and could have
| found there was not scintilla of truth
| in the charges against Gattis, yet they
permitted and authorized the publication
| of these to the world.
Then Judge Winston argued, basing his
! remarks on the decision of the Supreme
! court, and urging that neither Odell nor
{ Duke could be connected with the pub
| lIcatiol. He spoke of consideration be-
| ing due Kilgo as well as Gattis, one S
reutation being as dear as the others. lie
| declared that the only course of the
plaintiff was TO attack the decision of the
1 Supreme court, and declared that it was
the law, the declaration being that what
had been done by Kilgo in the meeting
! was reasonable.
| After further argument, strongly put,
| Judge Shaw announced his decision. It
was that he overruled the motion for a
non-suit and of the demurrers of the
defendants in the evidence. To this an
exception was taken.
Before announcing his decision Judge
Shaw said that what took place in the
! meeting was absolutely qualified.
| The defendants introduced no wit
| nesses and the case went to the jury.
| The first to speak for the defense was
Mr. T. T. Hicks, who, after saying that
/ it was threshing over of old straw, and
/ necessarily tiresome, proceeded to full
review of the incidents leading up to the
Clark Kilgo investigation. He then
took UP in detail the various points testi-
I fled to in that investigation, reading
largely from the records. He read va
rious affidavits from South Carolina
which extolled Kilgo and paid some at
| tention to the divergent views of Gattis
! concerning Kilgo as expressed to Lr
+; Peacock, saying that the latter had got
/ ten sweet and bitter water from the
| same cistern He urged the jury to put
on the spectacles through which Kilgc
and the board of trustees looked and
view the circumstances as il appeared
to them, to see Gattis the original SLAM
derer. the one who brought the SLAM
der ~ North Carolina and scattered il
They have brought Judge ShuforJ
here to testify, but he is not the one who
started it; Gattis is the man.
Passing on he dwelt at length upon
the charges brought before the Trinity
trustees by Judge Clark against DIR. kjl-
go. In referring to the charge of sycu.
phancy made against Kilgo, he declared
that never had he said that the charge
that kilgo had said that WASHINGTON
Duke was greater man than the soldier
who climbed the heights at Gettysburg
was an exploded one, and he created a
laugh as he said: 1T is not true that
Kilgo said he was a greater man than
Virginia Dare slip which he at once
! corrected.
/ Soon he began to enter upon the cues
| tion of the regularity of the tribunal be-
| fore which Kilgo was tried, but Mr.
| Biggs was after him at once, calling the
| attention of Judge Shaw to the fact that
/, he had shut off discussion from the
plaintiff on this question
| Judge Shaw at once stopped Mr.. Hicks
and said that he had informed counsel
number of times that he would charge
/ the jury that it was proper tribunal,
and to pass on to another phase.
| Mr.. Hicks declared that after the Su-
preme court had ruled that malice must
+ be shown in the issuing of the pamphlet
that harm to someone must be shown,
and that no harm had come to Gattis be.
/ cause of malice in it. The only malice
| that might have been shown by Duke
! and Odell was if they had personally
pointed out paragraphs denouncing Cat
tbs, but they had not done this. Kilgo
was justified in calling Gattis a gossip.
| because of Gattis actions, and that GsAs
It's had no damage to speak of as he
started his business on nothing and was
in debt. He insisted that the only pur-
pose OF Gattis in coming to Granville
county was to start the suit for dam
ages; that the comment of counsel that
they offered no witnesses amounted To
nothing the nlafutjff r,,,,c+ ,,rox,o /; i.