The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-24
JUSTICE BROWN AND RIGHT TO
TRIAL BY JURY.

well as the highest or richest. 1t
ought not to be denied to any man.
Rev Mr.. Gattis, long a faithful and
colporteur, was summoned before the
trustees of Trinity College by the pres
ident of the board of trustees to tes-
tify as to what he had heard of the
reputation of DR.. Kilgo in South Caro-
lima. He did not volunteer to go and
fed to what he believed to be the
truth. For this ne was assailed by
DIR. Kilgo in language which no good
man should use and which by its
viciousness and malevolence showed
malice in almost every line. Mr.. Cat
the publication of that speech, with
the proceedings of the trial, ordered by
the trustees who in most matters fol-
lowed the wish of Mr.. Duke and DR..
Kilgo, his business as colporteur was
broken up and he was damaged in his
dress i'm the courts of his country. One
of the ablest and fairest Superior court
judges the State has ever known held
that there was evidence to go to the
jury and twelve good citizens of Gran
vile county, against not one of whom
did the defendant raise any objec-
ton, found that the evidence war
ranted them in returning a verdict for
twenty thousand dollars. On appeal to
the Supreme Court, the expected hap
pened when the four Fusion justices
gave a new trial upon the ground of
evidence, but over-ruled the plea of
the attorneys of Kilgo and Duke that
there was no evidence of malice. In
the present dog-fall, we understand
the two justices whose votes say there
is no evidence for a jury, to virtually
declare that the first reversal was
wrong, but inasmuch as they rendered
no opinion, we are not sure as to that.
However that may be, the case was
sent back to Granville Superior court
for another trial. i was tried by an
other judge, the equai of any man on
the bench and brave and courageous
man deservedly enjoying public conf
dence as a man and as a judge. That
Superior court judge held there was
evidence to go to a jury. Twelve men,
after hearing all the evidence. the
argument of counsel, and fair
charge, took the matter under consid-
Grafton and rendered a verdict of $751;
000 Another appeal was taken to the
Fusion Supreme Court, (Judge Fair
cloth having died end Judge c. A.
Cook being then on the bench). That
court did not say there was no evil
dence, but gave a new trial upon an
other point, Justice Montgomery al
most cutting the ground out from I'M
der the feet of the plaintiff and init
mating that on another trial, with the
evidence wrongfully restricted, the
Superior court judge might or should
hold there was no evidence.
What happened then? The attorneys
for Duke and Kilgo declared they
could not get a fair trial in Granville
This was not correct and did great in
justice to as fair-mInded a people as
live in North Carolina. After consid-
Grafton, both sides agreed, as the
presiding judge had announced he
would remove the case. upon removal
to Wake. The case was then removed
to this county. The history of the at
tempt by an eX-sheriff and an assist
ant to bride jurors for Kiiko and Duke,
their conviction and sentence. are
fresh IN the mind of every well-in-
formed citizen. For days and days the
lawyers fought over every legal point
that could be raised. The attorneys
for Duke and Kilgo relying upon
Montgomery's intimation, or hint, or
suggestion, or direction. asked the
Superior Court Judge to rule that
there was no evidence to go to the
jury. To the utter surprise of the peO-
pie and of the bar of the State, Judge
Moore held there was no evidence of
malice AGAINST Kilgo and Duke in pub
fishing broadcast the severe structures
on Gattis, and the plaintiff appealed
to the Supreme Court. At the time.
Judge Moore indicated that if he did
not feel bound by Judge Montgomery's
opinion he would let the case go to the
jury, but. :nasmuch as he felt boun6
by the direction or dictum of the APP
pellate court. he would follow it and
let the Supreme Court. not bound by
it, settle the matter. Two of the
friends" of Duke and l<ilgo (who tes
titled they knew neither of them) had
less confidence in the correctness o.
Justice Montgomery opinion. and are
now in Wake county Jail upon the
charge of trying to bias the jury in
favor of Duke and Kilgo OF course d
power higher up prompted their ac-
tivity, but so far the real guilty parties,
who tried to tamper with the jury
through a~ents. have never been dis
covered.
The editorial reference IN this pa
per to the Supreme Courts dog
fall' in this case did not meet the APP
prevail of Justice Brown. one of the
Justices who thought there was no evi.