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

dIIA1A W. NL~6 -
moval. But no notice TO that effect had
been given counsel on the other side. In
the afternoon the counsel for Kilgo sub
mittcd the defendants affidavit, asking
for removal, to the counsel for the plain
tiff in order to give them an opportunity
to reply at once unless the motion should
be made in court. GattIs counsel I'M
mediately went to Worh writing an an
swer opposing the motion to remove
Witnesses were stopped in Durham TINS
morning until further notice. The coun-
sci here from out of town are ). Nj. Cat
It's. Hillsboro; ". a. Guthrie, durham
J.. Crawford Biggs, Durham, for PLAN
tiff; R. w. Winston, Durham; 1. /.
Hicks, Henderson, for defendant.
Gattis is here, Kilgo is not. There is
apparently not so much public interest
in the case now as upon the FORMER
trials.
The motion for removal will be made
IN conrt tomorrow morning when the af-
ddavit of defendant Kilgo will be SUB
mitted. Plaintiff Gattis will file a reply
opposing the removal, and Judge Allen
will hear argument by counsel.
It is understood that the affidavit for
removal is signed by Jno. c. Kilgo only,
not BY the co-defendants, and that the
contention is that the extensive publca-
ton Of all the details of the trials in To-
cal papers. as we'll as Raleigh and Char
1otte dailios. and the arguments of coun-
sci for plaintiff. have so p~reJudlced the
public mind that it will be impossible
TO obtain n fair trial in Granville county
and extremely difficult to get a jury OF
mon who have not expressed opinion on
the case.
Accompanying the affidavit will be a
number of clipping from the Public Led
ger of this place.
The answer of the plaintiff, it is under
stood. will fatty contradict the alleSa-
tions of the defendant and will make the
point that it is signed only by KilgO and
will insist that the ease be not removed.
r. p. Hobgood, Jr., now of Greensboro,
of counsel for defendant, is here. OK
ford attorneys now on the case are Is. ,.
Register for defendant, A. w. Graham and
A.. \. Hicks for plaintiff.
oxford. N. c.. April 24.-Judgc Allen
this afternoon ordered the Gattis-kjlgo
case removed from Granville county.
Where it will be tried is still a Qucs-
ton. 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 on the motion to remove
was brief and at times a little snappy-
There 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 ncwspa-
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 go into court the first thing in the
morning, it was after twelve O'Clock be
fore it was finally ready and typewriter.
It was then submitted to defendants
counsel, who decided to write no formal
reply to it, but to so Immediately into
court and argue the motion. And so they
did.
just as court was about to adjourn fol-
dinner, at about five minutes past one
o'clock, T. T. Hicks, of Henderson, O.
counsel for defendant, addressed judge
Allen and stated that both sides We're nov
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.
Well r, or SOP" queried the judge
with a quizzical look.
And the court laughed.
Mr.. Hicks said it might consume al
hour, possibly, and Judge Allen agreed tC
give each side half an hour for the argu
ment of the motion.
Court then adjourned until ten minute:
past two o'clock.
Promptly at that hour the judge and al
the counsel on both sides went over t.
the court house. the jury had been toIC
they need not come back until ten min
utes after three o'clock.
There We're but few people in the cour
room when the hearing began. More, o
course, came in later, as usual in al
courts, but at no time was the room any
where near full. Rev. T. ]. Gattis, tn
plaintiff. was present with counsel. Pres
ident John c. Kilgo, the defendant, wa
not present, although he arrived here thi
morning.
So the hearing was fairly on.
Judge Winston stated that betwee,
eleven and fifteen jurors were excused a
the last trial because they had expresse
opinions on the case.
This statement the plaintiffs counse
did not controvert.
Then T. T.. Hicks asked if all wcr
ready and proceeded to read the AFFIDAVIT
OF defendant John G. Kilgo, asking 70
removal from Granville county, as FOL
lows:
AFFIDAVIT FOR REMOVAL.
j. G. Ki]so, one Of the defendants i
this action, being first duly sworr
Goth state that there are probable ground
to believe that a fair and impartif
trial of this case cannot be obtained
the county of Granville, and he therefor
asks that the same be removed 70
trial to some adjacent county. Settin
forth more particularly and in detail II
facts on which this application is basnt
he states that this action was begun q
the 18th of January, 1899 and that sine
said date it has been tried NV two irri