The news & observer., 1905-06-15
Day of Surprises in CAT
It's VS.. kiIgO.
COUP FOR PLAINTIFF
Third Day Marked BY More Argument
and Unexpected Outcome. Me-. CAT
It's Under Severe Cross.Examina.
tion Makes an Admission
Which Delights Defense.

Which Delights Defense.
The third day Of the trial was al
most entirely consumed with the talk
ing of the direct and indirect examln-
alton Of The plaintin. Rev. r J. Gattls.
and as the other two days. was re-
markably distinguished for long legal
wrangIes and two FIRST class sur-
2rises.
The legal argument was devoted
almost entirely lu the morning SEES
sion 10 determined attempt on the
part Of the plaintiff TO convince Judge
Moore that 90 admit testimony rec
lative- TO the destruction of the plain-
tins business would not be viola
ton of the rule laid down bY the
Supreme Court i'm the last hearing OF
the case before that body that Il Was
error 20 admit testimony showing
special damages"
The contention of the plaintin was
that. as In the other trial. the
testimony had been specific as 90 what
the business OF the plaintiff was worth
10 him year. etc. how much IL was
worth after the publication Of Dr
kllgos charges against hm what
customers he had lost. etc. by rea-
son Of said charges. that the court
properly held such evidence 90 fall
under the rule Of special damages,
which cannot be proved unless speei-
Gcally set forth and claimed in the
plcadlngs. But that this testimony
was quite different from that offered
yesterday. to-wlt. the simple fact thar
his business had been destroyed aud
that he had been prevented from en-
gaging IN hia.,lsOfession as a minister
Of the gospel
Judge sticks 10 Supreme Court.
Although Judge Moore had decided
the identical points on the previous
day. argument iu that behalf con
sumcd something like 4 solid hour.
Judge Moore finally again holding the
proposed testimony to he Incompetent.
but saying that ne should have ad-
mitted ii had he not been directly
faced with the decision of the SUI
preme Court.
The Plaintiffs Coup.
The first surDrise OF the day came
when the plaintiff voluntarily intro
duced IN evidence the famous pat-Ah-
let Of the Board OF Trustees proceed
ing I'm the investigation Of the Clark
Kilgo charges. AS told yesterday. tho
plaintiff had apparently been fighttug
against getting this publication before
the jury. and the, defense had been
attempting to keen II away from the
Iury or to force the plalntlm to intro
ducc II. The reason for this WAS that
Ii had been twice introduced by the
plaintiff. over objection of the defend
ants. and declared ifnmaterial BY the
Supreme Court. Yesterday however,
when tho old question came up again
and the defense was insisting that the
pialntin Introduce the book and
stafing that they would not object III
hat event Mr. Watson. 10 general
SURPRISE put the book in evidence.
The reBult of this IL that The book
| Il before tho jury without objection
or exception. ~ that Il cannot be
made the basis ~ attack In the high
er court
Counsel for plalntin were iubilant al
the result aud claimed that II was the
/ result or a carefully planned and we'll
executed coup the defense was evi-
IDENTIFY set back. when they SealIzed
the move. but attorneys afterwards
/ Rafd that they had forced the plain
/ tim to gut III The book Iii order TO get
along. but admitted that the victory
sgas dashed by the auroit way in
which the plaintiff had manipulated
the matter. n was. all around u
pretty piece of work. even II Ii did
foat two days of talk.
70 pat the situation Into English
as she ~ spoke" II may be- said aim
ply that both sides were bIufiing and
that the defense overplayed the game.
The blue book was The trump card.
which really had 10 De played. The
plaintiff played Ii and the defense
failed 90 take the trick.
Surprising Admission.
The other Interesting surprise ~
the dag was the remarkable admission
which Judge Winston forced from Mr.
GattIs OH cross examination. Mr.
Gattia had testified % 20 note which
had been endorsed for him by Mr.
n N. Duke and negotiated at the lat
ter's bank Mr. Gattis testified to the
note having been paid III i date later
than the passage 81 the six per- cent
interest law with eight per cent In
fereat. II later agpeafed that the
note was given before she passage ~
that law 80 that. I'm ltH case. eight
Ter cent was legal Interest.
judge Winston then asked Dir. Cat
tis whether be had not meant ID leave
the impression on the minds ~ the
jury that Mr. Duke had charged him
luxurious interest He Insisted. In
spite Of numerous explanations ~ the
witness and " protest ou TIE part III
attorneys. up0n '.yes ef no" answer
70 the question.
After long hesitation. Mr.. Gatfia fln-
ally ptraienteHed himself IN his chair
and replied ~ the question: Well.
yest"
sensation Iu he court room aad