The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-26
TIE K|LGO-GATTIS
TRIAL BEGINS
Agreement to Admit Um-
stead's Affidavit.
CHOOSING OF THE JURY
Only SevenTof the Regular Panel Of
Sixteen Accepted.
ONE MERCHANT AND ELEVEN FARMERS
Judge stoDSReceiyed~a Telegram Saying
Umstead WouldfArivefThis Morn
ing. Dlkel.Will-Not
Attend.
CHOOSING OF THE JURY
Only sevenTo the Regular Panel ol
Sixteen Accepted.
ONE MERCHANT AND ELEVEN FARMERS
Especial to News and Observer

Especial to News and Observer.)
Oxford. N. c., Nov. 25.--At 6 o'clock
tonight the Gattis-K Kilgo trial had reach
ed a state where the jury had been Sc
lected and sworn and adjournment had
until tomorrow morning.
AT half past two the afternoon session
began. but with the preparation and ex-
animation of the affidavit of the defend
ant that Umstead was a necessary wit
ness, it was nearly O'clock before ar
gument on the poStponement asked by
the plaintiff began.
The affidavit complied with all the le-
gal requirements and set forth specifici-
cally that the defendant Gattis relied on
Umstead to prove that the alleged libel
Gus pamphlet was circulated in Mount
Tabor congregation and elsewhere, and
by its publication and circulation the
reputation and character of plaintiff was
greatly damaged and his usefulness as a
minister seriously impaired, in fact de-
stroyed in the church and commpunity
and elsewhere on the circuit. That Um-
stead made complaint to the presiding
elder that the retention on Gattis on the
circuit would do injury to the cause of
Christ and that Gattis was removed;
that Gattis was charged in the last trial
on examination by defendant with
failure to account for funds belonging to
the church in his report to conference
from Mount abor and it became neces-
sary to examine Umstead and show the
groundess Of the same.
he defendants attorneys answer was
that they admitted that Umstead would
testify as alleged aTnd they agreed that
the affidavit should be read as his testi-
mony- unless he came, and this subject
to the ccmpentency and relevancy of the
matter.
In addition to this Judge Winston Of
fered TO admit all of Umstead's testi-
mony given at the previous trial, and
insisted that the records would show
that on cross examination of Gattis
there was no charge of misappropriation
OF funds. The question was argued pro
and con by the opposing attorneys, until
finally Judge Graham said:
IF defendants admit that the state
ments in our affidavit are true we are
ready for trial, but their proposition has
a string to it,
Finally Judge Shaw said to the de-
PENDANTS: IF you admit the matter set
forth in the affidavits is ture we will go
to trial"
Judge Winston agreed to admit what
was competent in it, and again the judge
repeated his ultimatum. which the de-
Tense accepted with the agreement that
if Umstead arrived he should go upon
the stand and the affidavit be with
drawn.
min IfpC rba,,
the selecting of the jury began. OF the
regular panel of sixteen but seven were
accepted, while from twenty-eight
taelsmen called the remaining five were
made up.
he jury has On it one merchant of OK
ford, r. d. Royster, all the others being
farmers Three of the men are over
fifty, while the rest are young men.
There are five Methodists, four Baptists
and three Episcopalians on the jury.
Judge Winston received while in court
telegram, saying that Umstead would
arrive in the morning He asked Judge
Shaw to forbid the newspapers from
publishing the affidavit of aGttis, but
the judge declined
OF the jurors not accepted eleven said
they had formed and expressed the opn-
ID.
four that he should not.
w. r. Odell is expected tomorrow as
are others witnesses on both Sides 1t is
understood that Mr.. Duke will not at
tend. John r. Webster came in this af-
ternoon.
THE MORNING SESSION.
The Gattis- Kilgo trial began a re-
newed lease of life in the
Superior court of Granville county this
morning at 11:40, ut in six
minutes the hearing Of the case was con-
tinued until 2 o'clock This was done
that judge A. w Graham, of the plain
tiff's counsel, might prepare an affidavit
showing the absence of material wit
ness this being Mr.. John W. Umstcad
a steward in Mount Tabcr church. on
the Granville circuit in Orange county.
1t is the purpose of counsel for Rev.
T. j. Gattis to secure a continuance of
the case until another term of the court
because of the absence of Mr. Umstead
as they had failed 20 do so last week
when the absence Of two of their num-
ber, Hon. Cyrus b. Watson, of Win
ston- Salem. because of sickness in his
family. and Mr.. r. B. Boone, of Dur
ham, because of his sickness failed to
secure the continuance asked for
The case. which stood on the calendar
for last Thursday. was to have been the
first heard this morning, but it was not