The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-06-04
COURT GRANTS DEFENDANTS
ANEW TRIAL.
A SYLLABUS OF THE OPINION
Long Opinion Delivered by Justice
Monrgomery-Justice Clark did not
s,e nm the Case-Chareer for q Chris.
tian Science College Refused by the
Secretary OF state HIS Reasons
observation-disclosures Air Line Consoi-
idation by the Palmetto
Road.
Especial to The Messenger.)

Especial to The Messenger
Raleigh. May 3.-The supreme court
file the following opinions:
strain VS.. Fitzgerald. from Durham.
affirmed; vann VS.. Edwards, from
lHertfcrd, new trial; Skinner VS.. Rail-
road. from Wilson. no error: Bryan VS..
Railroad. from Catawba. error; James
VS.. Markham, from Durham, affirmed
lin both appeals: Gatt.s VS.. kilgo. new
trial.
In the Ease of Gattis vs.. kilgo. JUS
Itice Montgomery delivered the opinion
of the court, ordering h new trial.
There is no dissenting opinion. Justice
lClark did not sit in this case The
Opinion is OF great length. The court
says that whether or not the speech
of Kilgo. published by the defendants
i'm pamphlet form. was a p~rivfiedged
communication vas n question or law
and the judge below properly tried
the case as one OF qualified privilege.
In vindication of kilgo's personal
character he (kilgo) had a right to
publish a fair and honest account or the
lacts done in the couis of the inves-
itigating, provided the publication was
free from malice. No error is found In
most of Judge Hoke's charge to the jury
but a new trial is granted for certain
lerrors in the charge. the court holding
THAT Kilgo's speech was absolutely
privileged. The our holds that Kiigo's
trial before the board Of trustees of
Trinity college upon charges against
his character and fitness was like a
trial before a court for violation or law
lof the land, and that he had a right
lin his defense to resent the charges.
In this state defendants nave entire
Immunity in a trial before a court OF
law in such cases, provided what they
say is pertinent to the issue. The
court holds that kilgo's speech. which
was published by w. R.. Odell and B.
IN. Duke for the trustees Of Trinity.
Twas not intrinic evidence OF malice.
The report of the nance committee
Iof the board of agriculture. made this
AFTERNOON, showed s25, 900 in hand and
So, 900 more in sight. The usual 81, 500
appropriation for farm premiums at
the state fare will be made tomorrow.
The board will entirely abolish the po-
sition of immigration agent.
North Cardinals secretary of state
to-day gave a knockout blow to faith
healing by refusing to charter a Chris
tian Science college. Hammer College
lof Science and Healing. of High Point,
lapplied for Il charter, with H. p. Nc
knight n others as corporators.
The secretary of state writes Nc
knight:
Acting under the discretionary
powers vested in me by the last legis-
Nature, I must decline to issue a GER
~ltificate of Incorporation. Your papers
do not demonstrate TO my satisfaction
that the objects proposed in your ar
Iticles Of agreement are in keeping with
the legislative policy of this state in
regard tothe treatment of diseases, nor
lido / find them to conform to the re-
Iquirements and usages of the state
board of health. I herewith return
your papers,"
The attorney general said the college
proposed to educate ard graduate its
students in the art OF healing disease
land injuries without medicine OF sur
lgery; hat 1t repudiates examinations
Iof it's workers; hat the object of the
Estate board OF medical examiners Is to
shut out pretenders.
The stockholders of the Palmetto
Hallway Company, of South Carolina.
lone of the lines owned by the Seaboard
Air Line. held a meeting here today.
j. M. Sherwood, treasurer of the COM
lpany, and other stockholders were pres
Ient. The meeting ratified the articles
Iof consolidation of the different lines
lembraced in the Seaboard system.
Treasurer Sherwood said. regarding
the order issued granting a petition
for a receiver for the Southbound Rail-
way Company, that. while he did not
know h exact nature Of the proceed
lfngs, it did not concern the c~onsolida-
Ition of the new system and was not
worrying the Seaboard authorities.
At st. Mary's college commencement
here today Miss IRAN was saiutator-
ian and Miss Boykin va1edictorian.