The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-25
*ARGUMENT YESTERDAY
Judge Allen Ordered the Case Rtmoved Because
He Believed That Nearly all the Peo-
pie Of Granville County Pad
Formed Opinions
One Way or
Another.
(stan Correspondenco.)

(Staff Correspondencc)
oxford, N. c., April 24-Judge Allen
this afternoon ordered the Gattis-K -Kilgo
case removed from Granville county
Where it will be tried is still the ques-
tion. The judge has been comforting with
counsel on both sides tonight, but no de-
cision has yet been reached Several
counties have been suggested, Person,
Alamance, Chatham Wake. Johnston,
Caswell. The county to be selected must
be adjacent to Granville.
The argument on the motion to remove
was brief and at times a little snappy.
Theer was no crowd in the court room.
AT no time was it half filled with people.
The hearing came up at ten minutes past
two O'Clock and was over at ten minutes
to four. A large part of this time was
consumed in the reading of the two af-
fidavits and the clippings from newspa-
pers, defendants exhibit A."
Although it had been expected that
reply to defendants affidavit all ready in
counsel for the plaintiff would have their
time to so into court the first thing in the
morning, it was after twelve O'Clock be-
fore it was finally ready and typewriter.
1t was then submitted to defondant S (.
counsel, who decided 20 write 10 formal
! reply to it. but to go Immediately into
court and argue the motion. And so they
did.
Just as court was about to adjourn for
dinner at about five minutes past one
o'clock, t. T. Hicks, of Henderson. of
counsel for defendant, addressed Judge
Allen and stated that both sides were now
ready to proceed with the hearing of the
motion in the Gattis- Kilgo case. He
asked that it be considered Immediately
after recess of court.
How long will it take?" asked Judge
Allen.
"oh, about half an hour or So" re-
piled Mr.. Hicks.
Weller, or so?'' queried the judge
with a quizzical look
And the court laughed.
Mr.. Hicks said it might consume an
hour, possibly and Judge Allen agreed to
give each side half an hour for the argu-
ment of the motion.
Court then adjourned untl ten minutes
past two o'clock
Promptly at that hour the judge and all
the counsel on both sides went over to
the court house. The jury had been told
they need not come back until ten min
utes after three o'clock
There We're but few people in the court
room when the hearing began, More. Of
course, came in later, as usual in all
courts, but at no time was the room any
where near full Rev r. J. Gattis, the
plaintiff, was present with counsel Pres
ident John c. Kilgo, the defendant was
not present, although he arrived here this
morning
So the hearing was fairly on.
Judge Winston stated that between
eloven and fifteen Jurors were excused at
the last trial because they had expressed
opinions on the case
This statement the plaintiffs counsel
did not controvert
Then T. T. Hicks asked if all were
ready and proceeded to read the affidavit
of defendant John c. Kilgo asking for
removal from Granville county, as fol-
lows:
AFFIDAVIT FOR REMOVAL.
J. c. Kilgo, one of the defendants in
this action, being first duly sworn.
doth state that there are probable grounds
to believe that a fair and impartial
trial of this case cannot be obtained n
the county of Granville, and he therefore
asks that the same be removed fer
trial to some adjacent county. Setting
forth more particularly and in detail Tie
-acts on which this application is based
ne states that this action was begun Oh
The 18th of January. 1899 and that since
said date it has been tried by two juries
of said county and has once been argued
on demurrer since said date; that at
he first jury trial in November. 1900
| very large crowd attended, the male
schools and the female schools attended
n a body a great many farmers of the
'ounty also attended and number Of
eportcrs Of newspa pers, to-wt. report
RS for two Raleigh dailies and one Char
otte daily sent lengthy accounts each
lay of the trial and that these papers
lave an extensive circulation in said
ounty, besides many extra copies con-
aiming accounts of the trial with the
'yidence ana addresses of the counsel
we're sold and given away and distribut-
q over said county. Reporters desks or
ables were piled up with such papers IN
he court room for free use and circu-
alton each day. The trial lasted about
en- days, running over into the night for
Continued on Page Fiye)