The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-17

After another half day consumed in
listening TO brilliant argument from
Col. T. Nj. Argo and Ex-Governor {. h.
Aycock, Judge Fred Moore yesterday
brought the trial of Gattis VS.. Kilgo
and Duke to a sudden end by ruling
the plaintiff.
Notice Of appeal was, of course,
promptly given and the case will so to
the Supreme Court for a third hear
ing before that body.
When the decision was announced.
there was a stir among the audience.
composed largely of Methodist preach
ers whose delight at the outcome was
evident.
From his seat in the jury box,
where he mad been listening to the
eloquent words of the Ex-Governor,
Mr.. Pou spoke up at the conclusion
of the Judges words:
THAT ends it,"
mo it don't-you wait and see.
retortcd Judge Graham, leading coun-
sci for the plaintiff.
And so. i'm the very moment of vic
tory and defeat the famous case
again showed its wonderful vitality in
the determination of both sides TO
fight TO the end.
Issue is Justice Montgomery Opinion.
The meaning and effect of this con-
clusion cf the trial is simply this, that
the Supreme Court must pass upon
the opinion handed down by Justice
Montgomery and concurred in by
Justices Furches, Cook and Douglass.
That opinion was of a particularly
stringent character, ruling out the
pamphlet containing the trial as i'm
material, stating in one place that the
occasion was one of qualified. and in
another one OF absolute privilege
that is, that DR.. Kilgo had a right to
use such language in tho meeting as
he saw TT without danger of having
to pay damages unless the plaintiff
could show that he spoke and pub
lshed the matter with malice; that
Mir. Gattis could not show the paTti-
culars i'm which lie had suffered finan-
cially: and stated i'm addition that
there was i'm the whole record but a
bare suggestion of malice.
~ the time the opinion was rend-
ared il created a sensation among the
lawyers of the State. many of whom
criticised il severely and many
Of whom stated that 1t ''cut Gattis
off bv the roots
Since then the personnel of the Su-
preme Court has entiEely changed and
in the present trial tA-emplaintifT ar
sued strongly to Judge Moore that he
should disregard tho opinion. He
felt bound by the opinion of the court
however. and although there were
close questions of law involved. SEEM
ed TO feel that he should seek 10 hold
in accordance with the decision
striet'--.
The result is that Il will he a fight
in the supreme Court. composed of
new members. as TO whether the
opinion of the old court shall be sus-
tanned or overruled.
If the last opinion holds. the case
ends with victory FOR the defendants;
II II is overruled the case viii so back
fer trial de novo and probably the
pialntif viii nc permitted TO intro
duce an his testimony. the pamphlet
Of the meeting of the Trinity Trustees
and the evidence as to the injury 10
his business and tho destruction of
his usefulness as minister of the
church
Two Remarkable Arguments.
There was nothing boring about the
three hours session Of the court yes
tCrssay. The Two Srceches were mast
spectators forgot themselves. The
words Of the shea kers wrapped their
hearers in web Of almost hvDno,ic
attention They represented the final
throws IN sac first crisis Of a great
legal engs cement. Each counsel felt
the importance of his part They
spoke with that abandon Of the ora
TOR losing himself in his Sub5ect. The
minutes went hv ~ swift wings. rsx-
sept rs the occasional laughter vas
brought out as foil Ia invecslve 81
Tsshos there was silence in the room.
The g5av of ors1orv IS securc Sn North
Carolina Yet awhile. We sal brea1he5
with the relief following a too-S5rained
attention and admitted that In our
hearts Almost eae felt that The ssbole
tedious tTial MAS worth while 10 have
produced Two such efforts
Col. Arso >ssack> of soil.
Colonel ArEo s 50 .Don6enous IN
body his voice = 50 sseeo. rounded
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