The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-25

entirely of residents OF the town of Gran
vile. II is also time, and manifest in
the court. that although the calendar for
this term of the court was set several
days before the court met and it was
published in the public press and that
this case was set for trial on Thursday
of the term and would be tried yet the
attendance at this term of the court is
a very small one, considering the large
population OF the county; and hardly any
interest whatever manifested by the poo
pie of the county in the trial of this
case at this term, and so far as affiant
IA informed and believes nobody not con-
nected with the case is present in at
tendance upon the court at this torn for
the special purpose Of hearing the trial
IF this case.
While IL IL true the case was one of
very great Importance and aroused great
interest. still rs affant is informed and
believes. that interest Is not confined to
the county of Granville, but extended
through the whole middle section of the
state. It IS untrue, as sff1ant is informed
and believes. that bad feeling was
aroused in the county of Granville, and
that mon grew angry and excited as to
what the verdict would be, as alleged in
the affidavit of the defendant Kilgo.
Affiant is advised and believes that all
comments and criticisms made by his at
torneys were relieved to the case and
fully justified by the evidence.
While il is true that spirited speeches
were made by atlantis counsel and
structures made upon the conduct Of the
defendant, they were not comparable to
the harsh and bitter criticisms of affiant
made by defendant attorneys without any
evidence to support them, as afiant is
informed and believes.
Affiant further says at both trials be-
fore the jury it was manifest from the
conduct Of the trials and the character
and tone Of the speeches of defendant
counsel, that there was a concerted effort
on the part OF defendants to impress
upon the jury that this action was one
against Trinity College. and defendant
counsel manifestly tried to throw into the
jury box and Impress this idea upon the
jury, ana thereby withdraw the minds
of the jury from the real issues in this
case between the plaintiff and defend
ants, and one of the attorneys for the de-
PENDANTS devoted the principal part of his
speech to the jury to that phase of the
case. And affiant says that at both
trials, each and every one of his attor-
neys who addressed the jury expressly
and emphatically disclaimed any purpose
and intention to attack Trinity College,
and he IS informed and believes that no
attack was made on Trinity College by
his attorneys.
The allegation in the affidavit of the
defendant Kilgo that the trials have
been conducted along the line of excit-
ing popular frenzy against the defend
ants because of certain things both be"
fore and since said investigation, af-
fecting the supposed view of defendant
on finance and other questions, are untrue
and are denied.
Affant further AYERS that whether an
other trial of this action shall take
place in the county OF Granville where
il is now pending or be removed to an
adjacent county, defendant John G. Kilgo
has twice had an opportunity OF going
upon the stand and testifying as a wit
ness in his own behalf, and would have
no better opportunity Of so doing in an
other county than he has had or now
has in the county of Granville, and as
to what advice was given him by his
counsel or what course he has pursued
in consequence of such advice affiant
respectfully admits that the allegations
in the affidavit of said defendants upon
that point would not be cause for re-
moval to another county.
AS evidence that the first jury trial
di dnot prejudice the popular mind in
Granville county against the defendants
it is a fact that at the second jury trial
Of this case a jury was readily AMI
speedily obtained, and affant believes
another fair and impartial jury can be
readily and speedily obtained in Granville
county.
T. j. GATTIs.
Sworn to and subscribed to before me
this oath day of April, 1903.
]. T. BRITT.
Clerk Superior Court.
THE ARGUMENT.
Then r. T. Hicks, of defendants coun-
sell said that he considered Granville as
good as any other county in the State,
and better than some communities, al
though he was not given to compliments
usually.
AS to the point that only one defend
ant had signed the affidavit, he called the
attention of the judge to the fact that the
statutes did not make it necessary for an
affidavit of this kind to be signed by
mora than one person.
He declared that the Supreme Court
had said in effect that no evidence had
been adduced.
He spoke of the local paper being used
as a sort of funnel or trumpet to collect
all that had been said for Gattis and
against Kilgo and from it in concentrated
form upon the people of this commun-
ity.
According to Newell, which said was
the latest authority on the subject, it was
not customary to give large damages in
libel suits. The biggest amount mention
cd was 500, 900 in a suit of this kind
He dwelt much upon the legal aspect
of the matter, and laid great stress upon
the opinion of the Supreme Court, writ
ten by Justice Montgomery.
Judge Graham spoke next. He said he