The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-04-28

heen conducted along the line OF exert
inc poDular frenzy against the defend
MS because of certain things ooth DC
fore ard since said Investigation al
fecting the supposed view Of defendant
on finance and other questions. are untrue
and are denied
Afnant further AYERS that "hctaer N
other trial Of this action snail @AN
place in the county OF GranFllif "hSi'
i now pending or be removed 20 m
! a5t,cent comfy. defendant John { kiigo
has twice had an opportunity & going
uron the stand and tcstitying as 2 Wit
ness In his own behalf. and would nave
no better opportunity OF so doing n an
other county than he has had or now
has in the county OF Granville. ana as
70 what advice was given him oY ms
| counsel or what course ne mas pursued
in consequence OF such advice, a'hd"'
respectfullv submits that the allegations
in the affidavit of said defendants upon
that point would not be cause Tor re
moval to another county.
A. evidence that the first jury trIal
did not prejudice the popular NINA N
! ,-,,, co;,~.. orairst the defendants
tit is a fact that Il the second jury t'i"t
If This case a jury was readily and
| speedily ODtGlutu, anu
another fair and impartial jury can be
readily and speedily obtained in Granville
county.
THE ARGUMENT.
Then T.. T. Hicks, OF defendants coun-
col said that he considered Granville as
GOOD as any other county in the state,
and better than some communities, al
tbouqb 10 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
more than one person.
He declared that the Supreme Court
had said in effect that no evidence mad
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 pour it in concentrated
form upon the people Of this
ity.
According to Newell, which he said was
the latest authority on the subject, 1t was
not customary to give large damages in
libel suits. The biggest amount mention
p ed was SZU.UUO III q SUIT U lliS IN
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
had never before heard that the fact
that a verdict was for a greater amount
than the defendant and his counsel
thought it ought to be was sufficient
cause for a removal.
The part Of the opinion of the Supreme
Court referred to was simply injected as
a parting fling at the plaintiff in this case.
= would rather have the verdict of
twelve good mon of Granville ounty than
any opinion that Judge Montgomery
might write" declared Judge Graham.
Judge Allen said he understood that
Justice Montgomery was simply express
ing an opinion as TO whether or not there
was evidence, a legal question and not
one of facts.
Judge Graham said it was not 50 ar
gued by counsel on the other side. They
considered it an expression Of opinion on
fact,
Judge Winston said they preferred to
state their own grounds.
Judge Graham was then proceeding to
: take up the only grounds for removal, as
! presented by the counse on tho other
! side. when Judge Allen said the only
question in his mind was if, no matter
how it had come to pass, or whether ii
was for or against the plaintiff the peo-
ple-of Granville county had formed an
opinion so that it would be impossible to
get a jury Of disinterestcd men.
Judge Graham declared that there was
no evidence of this save the affidavit OF
one man, not supported by a single other
affidavit.
He called attention to a former trial in
this county, where a man was being tried
for his life, and still the court refused
to remove the case, and he was tried.
And hung said Judge Winston.
Yes. and he was my client" said
Judge Graham.
And l prosecuted him. said judge
Winston.
The jury in the last trial, Judge Ora
ham explained, had to be taken from peo-
!, pie around town, because most of the
: people from the country had gone home,
owing to the lateness Of the hour. That
was only SO many had to be rejected.
some eleven or fifteen out Of sixty or
: seventy.
1t was a tribute to the justice of his
cause and to the man himself, that in tho
former trldlS the pialnt1ft had been
awarded vcrdicts of 500, 900 and s15 600
! and was by ths people of the county.
, Judge Graham in this connection paid a
! high tribute to his client.
? Major Graham said it was true that
/ the sole question was whether the case
; should be removed or not. On that
! question, His Honor could only look t.
, the affidavit. He was not supposed t.
| know a thing about the case. The Law
laid it down that causes should not bc
! removed save in cases of overshadowin
necessity. There was a time when it was
very common to remove cases from ono
county to another, but the Legislature
: had changed that.
1t was noticeable that Mr.. Duke had
not joined in the affidavit Of the defend
: ant.
Judge Hoke, said Major Guthrie. had