The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-28
MUCH PROGRESS is MADE
Rev. Swindell Tells Of the Failure to
Compromise.
JUDGE sHufoRo GOES ON THE STAND
And Mr.. Beckwith Tells cf His Trip to
South Carolina to See What the Peo-
pie There Thought Of
Or, kilgo.
Especial to News and Observer.

Especial to News and Observer.)
Oxford, N. c., Nov. 27-When adjourn
ment for supper came today there had
been much progress in the Gattis- Kilgo
trial.
The testimony of Mr. Gattis was over
the heralded appearance OF Mr.. Umsted
had materialzeds an accompaniment
Of laughs and smiles. Many witnesses
had told of the good character of Mr..
Gattis. Rev. Swlndell had spoken of the
compromise agreement to settle the mat
ter that had fallen through. Judge Shu-
ford had told o fthe warm charges from
South Carolina against DR.. Kilgo; the
newspaper publications had been put in
evidence; Mr. Beckwith was telling of
his trip to South Carolina. to see what
the people there thought of DR.. Kilgo.
The afternoon session began with Mr..
Cattis on the stand. He said he had
surrendered his insurance policy be-
cause he was not able TO carry it, and
not because of any charges against him.
He denied any tattling, and related that
to Rev. Underwood he had written that
Kilgo was not graduate of Wofford
College, but had quit in his sophomore
year and heard no more of Underwood
bringing charges against Kilgc. He de-
MED any slander of thcssVestern North
Carolina Conference, and said the rea
son he did not prefer charges against
Kilgo at the conference before he began
suit was because the Bishop and others
had asked that the white flag of peace
fly over the conference. He declared that
his suit was brought in Granville simply
because it was to this county that he
was sent after the conference, and that
he would have begun ii had he gone to
any other county
In referring to his conversation with
Judge Clark on the train he said that
he knew nothing OF the controversy be-
tween him and Kilgo till that night and
never said, "If had known of it | would
never had told Judge Clark what did"
His other testimony given during the
afternoon was simply confirmatory OF
his previous statements and no new
matter was brought out.
Mr.. Furman, OF the Raleigh Post. next
testified that his paperl published the
Kilgo speech, this testimony being given
under objections, and that the speech
was also printed at his office on supple
ments, sent to the State press, the bill
being paid by James Southgate for the
ten thousand copies printed, and that it.
was by his suggestion that Mr.. South
gate issued it in that form. He also said
he had published the proceedings of the
board OF trustees of Trinity on informa-
tlon brought by Post reporter, other
data being brought by Prof. Flowers,
who came from Trinity with ii ON night
train
On cross examination he said that he
had published letters in June, 1898, in
the controversy in which Judge Clark
and Dr. Kilgo engaged. While seeking
to find in his file the letter OF Judge
Clark, of June 9th, of that year, Mr.
T. r. Hucks, Of counsel for defendant
said:
You hardly got it till the News and
Observer had gotten it,"
After testifying to the various letters
which appeared in his paper the witness
retired. and Mr.. " Ballard, of Durham
was put on the stand.
He testified to his being secretary Of
the board Of trustees and OF the execu-
tive. committee of Trinity College. and
that Odell and Duke were members,
Kilgo not except an ex-officio. He
identified books containing the records
OF these bodies and certain pages were
called and statement made that they
would be read to the jury as evidence
He testified that Kilgo, Duke and OdelI
were present at the investigation. but
objection was made to the record In one
case where Odell was absent, and in
another where Duke and Cdell were both
absent, these being sustained.
On cross examination, he testified that
the investigating meeting was orderly
and met in the usual place; that as a
member of the board he wanted the pub
protect the college, that as charges not
sustained had been made against Kilgo
the people ought to know 1t.
Judge Winston's questions "Was II
necessary to publish these proceedings"
was ruler out as being question for
the iurl to decide.
eferring to the meeting at which Judge
Clark was asked to resign, he said that
It was the same oglesby who signed the
request, who was afterwards named as
prosecutor in the ClarkKilgo controversy.
At this meeting he agreed that rtfusal
had been made to having Judge Clark
speak. He further testified that It was
The executive committee who authorized
he distribution OF the pamphlet, and