The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-30
Argument by Judge Graham.

Judge Graham'S speech consumed all
fthe night session and at 10 o'clock
the court adjourned. He had spoken for
two and a half hours and had just en-
tered upon the turning point in this
case, the question of malice, when adj
iournmcnt was taken. He is carefully
covering every inch of ground and is
citing the law more freely than any of
the previous speakers.
After speaking of the case as being
perhaps the most important ever tried
in the State he eXplainer to the Jury
that the Supreme Court opinion was
only for the judge on errors in law and
not for the jury on fact. He criticised
the statement of Gen. Royster to the
jury that this related to facts In
these he told the jury it was supreme.
He deplored the extraneous matter in
troduced and said that there was no at
tack on Trinity College or Methodism,
that Kilgo is neither and will not be al
lowed to cloak himself behind them.
He was astonished to hear Mr.. T. T.
Hicks say that Trinity College was to
pay him.
He read the law showing why Kilgo
and those associated with him should
be held ACCOUNTABLE and then enuerated
the eighteen false statements that the
plaintiffs alleged had been made by
Kilgo in his speech. Following this he
made numerous citations fro mauthori-
ties on Islander and libe land showed
their application to the point at issue.
In enumerating these he took one
hour, dwelling especially upon the fact
that all who concur in doing libellous
act are guilty and that joint action on
libel holds He made clear the reason
for suing the. three defendants, this be-
that the solvent endorsers on note are
the ones sued and that these can take
action against the other.
Reading from the Methodist church S
discipline he showed that it permitted
Gattis to bring this case and saying
that the burden of proof of the falsity
and malice of the matter complained of
was on the plaintiff, took up the first
issue This he quickly settled by
quoting the promised instruction of
Judge Shaw and the admissives of the
defendants.
On the question of the falsity of the
charges he said he would ask his honor
to charge that if the Jury believed the
evidence they would answer the second
charge yes" that this had been proved
conclusively by many witnesses; that
Gattis' store was not an indecent place
where gossip was retailed; that Gattis
proved character had shown he was not
a liar and that one of I<ilgo proved to be
false would carry verdict.
Here he denounced ,Kilgo's action in
not being bold enough to swear to the
charges he had made especially after he
had declared that you cannot believe a
man who will not back his words he af
firmed that GattisF was right in refusing
to sign the settlementasagreem when
Kilgo was to have .theeonly copy, as he
knew of I<ilgo's record. The original
SANDER allegation he declared to have
been. proved absolutely false by Judge
Shuford, by Messrs Boone and Ligon
and by the admissions of Kilgo himself
who in his speech had Acknowledged to
be manipulation on high scale and on
ly took offense as being classed as a re-
tail manipulation.
Entering on the third issue of malice
he again quoted law and by this showed
that a slight evidence of this was suffi-
cient and that it need not be against Cat
It's, but that if the circulation was made
because of malice towards Judge Clark
or anyone, it carried a verdict.
While judge Graham was arguing that
the charges against Gattis were false of
his character his position and because
Kilgo had access to, his4~store as did the
others to discover their falsity, the court
adjourned till tomorrow.
1t does not now seem that the case will
reach the jury till late Saturday, per-
haps in the night.
EDWARD E. BRITTON