The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-13
LEGAL FIGHT BEGINS


sition in Highly Technical Legal
Skirmish. Great Array of Counsel
and All Interested Parties On Hand
investigation Of Juror Kings Charg-
es Probable. Much Good Humour
and,Not a Little Heat Among Coun-
sci During Course Of Hearing The
Day In Detail.
The famous Gattis-Kilgo trial, start
ed i'm 1899 and three times heard IN
lower and Supreme Court, occupied
a busy day yesterday before the spe-
cial term ordered for its hearing
Judge Fred Moore presiding.
There was a magnificent array of
counsel present, all those employed in
the case being on hand with the eX-
ception of Messrs. j. Crawford Blggs'
of Durham, and Mr.. Victor S. Bryant
of Durham, who have heretofore ap-
peared for the plaintiff and defend
ants respectively.
Counsel in attendance We're: For
the plaintiff, eX-Judge A. w. Graham'
Major w. A. Guthrie, Hon. G. B. wat
son, Argo & Shaffer, A. A. HICKS,
Hon S. NJ. Gattis, J. N. Holding; for
the defendants eX-Judge II. w. VIM
ston, Ex-Governor G.. b. Aycock' Pou
d Fuller +. l.. Fuller, b. 5. Royster,
T. r. Hicks. Douglass & Simms,
Armistead Jones & Son.
Active work was begun at half
after eleven o'clock in the selection
of a jury, which was accomplished
after four O'Clock in the afternoon
one witness, Mr.. V. Ballard, Secre-,
tarv i'm 1898 of the Board of Trustees
of Trinity College, was put on the
stand and had been asked only one or
two questions when court adjourned
after seven o'clock in the evening.
Juror Springs Sensation.
The day was marked by one SEN
sational episode which may cause a
thorough investigation. This was
the charge brought by r. n. King,
regular Juror, but an illiterate, that
he had been approached at his farm
after he had been summoned, by
j. Rowan Rogers, who had told him
something about the case, and ac-
cording to the jurors statement, told
him ito help out Kilgo," if he could.
The juror was promptly stood aside
and when he had discharged all the
rest of the regular jurors summoned,
who had not been accepted for duty,
Judge Moore particularly stated that
he desired this juror TO remain. No
action, as far as is known, had been
taken by the Judge last night.
If what the juror says is true there
which iS
said TO be more serious than contempt
of court, which it would clearly
amount to. There will doubtless be
the investigation which the serious
ness of the charge demands. The ig-
norance of the juror. who admitted
that he could not read and had never
before heard of the case, of course
renders suspension of Judgment
necessary until what he says can be
sifted and thoroughly investigated.
The Development of Legal Battle.
After the jury was selected, the
lines of a great legal battle were part
~ uncovered by series of feints, OBJ
jectionS and skirmishing for position
by the two sides to the suit.
Stated as briefly and plainly as it
is possible to put the substance OF a
complicated legal controversy the
contentious arose over whether or not
the witness Ballard should be allowed
to state orally that the pamphlet
containing the Kilgo speech was an
accurate report.
In former trials the plaintiff has in
troduced this pamphlet as evidence; in
this trial they are aiming to Introduce
the speech, but not the pamphlet, as
one introduces an article in paper
without putting the whole paper in
evidence.
Faced with this new proposition
and desiring to have the pamphlet in
evidence, it having been declared by
the Supreme Court that the proceed
ings of the Trustees in the investiga
tions constituted a partial privilege,
the defense undertook to get the pub
licatiOn entire into evidence by ask
ing Mr.. Ballard to state whether or
not it was a correct report of such
proceedings.
The plaintiff objected strenuously
to the question asserting that the de-
fendant was trying to use their wit
nessness to get in q defense.
It was on the argument of this and
several points growing out of and col
lateral to it that the afternoon ses-
sion was consumed. Judge Moore
while seemingly inclined to uphold
the contention of the plaintiff, re-
served his decision of the point.
The Importance of this question is
almost paramount in the case. If the
pamphlet is put in evidence, it goes
in az a privileged publications; if only
the speech is put in and is otherwise