The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-05
Argument On Motion to
Continue For Term.
COMES UP WEDNESDAY
That Was the Order Made BY Judge
Moore in Affidavits as to Critical
Illness of Washington Duke,
Contingent Upon His Con-
ditiOn Next Week.

The Gattis- Kilgo case set by Judge
Moore for trial in Wake Superior
Court yesterday, was postponed by
him until next Wednesday upon the
suggestion of counsel for the plalntiit'
after the defense had lodged and
argued a motion to continue founded
on affidavits showing the critical i'll
ness of Mr.. Washington Duke, father
of the defendant B. N. Duke.
The motion was argued by Judge
Winston and Mr.. Pou for the defense,
and by Judge Graham, Col. Argo and
Major Guthrie for the plaintlff.
At the conclusion of the argument
Colonel Argo suggested the course
which it was intimated in WedneS-
DAYS News and Observer would be
taken, to postpone the case until next
week to await the result for better
or worse of Mr.. Dukes sickness.
in opposing the motion for a con
tinuance. the plaintiff took the
ground that the presence OF MT Is.
n. Duke was not necessary, as he had
been in attendance for only day
and a half at the first trial of the
case. and had not appeared at all
at the last trial in which the case
went to the jury.
The defense took the broad ground
that they were entitled to the pres
ence of Mr.. b. n. Duke, whether they
saw fit to put him on the stand or
not: that he could not safely go TO
trial without the opportunity OF be-
ing present in order to confer ana
advise with counsel.
The Aftidavits.
The affidavits copies of which mys-
4; rod of r.
ing, were from DR.. j. M. O'kelly, a
physician of Durham, and from Mr..
b. n. Duke, co-defendant with DR..
Kilgo.
In substance, DIR. O'Kellys affidavit
stated that Mr.. Washington Duke had
been dangerously ill for several
months; that a few days ago he sut-
fered an acute attack of pleurlsy ana
became so critically i'll that the
members of his family were sum-
moned to his bedside on his advice;
that his condition was then extreme
ly critical and that it was the more
dangerous by reason of his extreme
age of eighty-five years, and from
the fact that he was a sufferer from
chronic heart trouble.
Mr.. Dukes affidavit was to the
effect that he had been summoned
to attend the trial and was preparing
l
Raleigh when he received a telegram
apprisng him of the critical illness
of his father. upon the receipt OF
which he went to Durham instead;
that he was advised that his presence
was necessary at the trial, and that
he could not safely be put on his
trial without the opportunity to be
present and advise with his attorneys.
Rev. Gattis and DR.. KiIgo Present.
Both Rev. GattiS, the plaintiff, and
DIR. Kilgo, one of the defendants, were
i'm attendance at the hearing on the
motion.
In making his decision to postpone
the trial until next week, Judge
Moore stated that he would hear from
counsel on Monday or Tuesday as to
Mr.. Washington Dukes condition, so
as to know whether or not a trial
would be practicable on Wednesday.
He stated that ordinarily the affidavits
presented would be grounds for a
continuance, which he would not
hesitate to grant but that the case
had been for years before the courts,
and he appreciated the fact of the
crowded condition of the Wake
County docket and the menace to the
business of suitors in the long trial
hanging on for a longer time than
absolutely necessary.
1t was stated by counsel during the
argument on the motion that the
case, when it comes to trial, would
probably consume at least ten days.