The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-11
Complaint of Gattis and
Answers of KiIgO.
SUIT BEGUN IN 1899
Action Grew Out Of CIark-KiIgo Con-
trOversy--.FOurth Hearing of This
Famous Suit, Which Has Been
Prominent Before The
Public.

The fourth hearing of the famous
Gattis- Kilgo libed suit will begin this
morning at 10 o'clock in Wake coun-
ty court. This controversy has been
prominently before the public since
1889. and has attracted widespread
attention.
The first hearing of the case was
before Judge Henry r. Bryan, at the
April term, 1899, of Granville court
upon a demurrer filed by the defend
ant. Judge Bryan decided in favor oil
| the defendant, and the plaintiff APP
pealed to the Supreme Court, which
/ granted a new trial. and the plaintiff
was allowed to amend the complaint.
| D. H. Branson, of Durham, was then
! a party to the case. but having since
died the action abated as to- his es-
| tate.
The case was next tried at the No
vember, 1900, term of Granville
county court Mr.. W. r. Odell, of Con-
cord, was then one of the defend
ants. A verdict for $4,000 damages
was awarded the plaintiff, and the de-
| PENDANTS appealed to the Supreme
| Court, which ordered new trial, the
opinion of the court, written by ASso-
ciate Justice w. A. Montgomery,
| finding error in the proceedings of
the court below.
The next trial was held at the No
vember 1901, term of Granville court,
before Judge Thomas j Shaw The
jury let out from the verdict w. r.
| Odell, upon the ground that as he did
not live in Durham he did not know
! the falsity of the charges made
| against Gattis. A verdict carrying
$4,000 to the plaintiff was found,
and the defendants again appealed to
the Supreme Court. An opinion
handed down by Justice Montgomery,
finding error, allowed a new trial.
At the following July term of Gran
Vile court the defendants, swearing
that they could not get justice in
| Granville county, made motion to
remove the case, and Judge w. K.
Allen, presiding, designated Wake
county for the place of trial.
It is interesting to note that since
this suit was instituted eleven persons
witnesses, parties or attorneys have
died.
The attorneys for the plaintiff, Rev.
t. j. Gattis, now in Raleigh are:
Judge w. A. Graham and A. A. Hicks,
oxford; Major w. A. Guthrie, Dur
ham; S. NJ Gattis. Hillsboro and Ar
go & Shaffer Raleigh. Messrs. Cyrus
81 Watson, r. B. Boone and j. c.
Biggs, of counsel for the plaintiff, are
absent from the city and may not be
present at the trial, as they are un-
avoidably detained.
The counsel representing the de-
PENDANT, Mr.. B. N. Duke, are as fol-
lows: r. S. Register, Oxford; Il. T.
Hicks, Henderson; Frank Fuller Dur
ham; Douglass & Simms, Raleigh;
Pou & Fuller, Raleigh and Armis-
tead Jones & Son. Raleigh.
AS tho case is of interest to the
whole State, to enable the people to
learn the true status of the case and
know the charges and the denials, the
complaint of the plaintiff and answer
of the defendants are printed in full.
The answer of the defendants still
contains the name of w. r, Odell,
who has been let out of the case.
The Complaint.
The complaint of the plaintiff is as
follows:
r. j. Gattis
VS.
John C. Kilgo, b. NJ Duke and w. Il.
Odell.
The plaintiff complains and alleges
as follows, to-wit:
/. That he is now, and has been
for many years past a clergyman and
in good standing of the Methodist
Episcopal Church, South, and all his
lifetime heretofore has been good,
true, honest and law-abiding citizen OF
the State of North Carolina, and as
such has conducted himself, and unul
the alleged commission of the alleged
grievances and offences, hereinafter
mentioned and charged against him
by the defendants, the plaintiff was al
ways reputed to be a person OF good
fame and credit, and has never been
guilty, nor until the alleged commits
sion of the alleged grievances ana OF
fences, hereinafter mentioned, been
suspected to have been guilty OF the
alleged grievances and offenses here
matter mentioned; by means of when
said premises, he, the said plaintiff,
before the alleged commission of the
grievances and Offences had deserved
ly obtained and enjoyed the good opln-
ion of his neighbors and of all other
persons to whom he was known.
2. That at times hereinafter men
toned and referred to, the plaintiff
was member of the business firm Or
partnership of T. j. Gattis & on, OF
Durham, N1orth Carolina, doing bust
ness in the purchase and sale or rellg-
ious books and literature, under the
auspices of the North Carolina Confer
| ence and the South Carolina CONFER
| ence OF the MelHOulSl NplSCOpoi
Church. South, and in the purchase
and sale of other books and articles of
merchandise usually kept in book
store business.
| g. That in the month of Septem-
Der, 1898, the defendants, John {. XII
go, BENJAMIN ~ Duke and William r..
OdeH published or caused to be pub
| lished in Durham county, n. c.. GER
| tain pamphlet which contained the
words hereinafter set forth
4. That in the month of September
1898. the defendants, John {. IIlgo,
| BENJAMIN N Duke and William II.
Odell. wilfully, wantonly unlaWful!y
and maliciously continuing ana IN
tending to injure the good name and
reputation of the plaintiff, and to
bring him into public scandal, infamy,
/ and disgrace, and to heap ridicule, dis
grace and contempt upon him in his
Sacred calling, and to impair his use
| fulness and influence, and to injure,
and if possible. destroy the business
i'm which plaintiff was then engaged,
composed and published, and caused
! to be composed and published in the