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

make one laugh, to tighten the nerves
IA thing fitted by study to the
thought and spoken with the dash of
eXtcmporaneouS inspiration.
Aycock a Classic Orator.
And Governor Aycock, who follow
ed. was so different! His manner is
that of the forum. dfgnified while i'm
oassioned. restrained while impress
sive. cool while playful. Never was
he in better form. He spoke with an
earneStneSs and an eioquence that
was compelling. His diction was pure
as the written word. His sentences
were almost classic. Never did he
lose the thread which he unwound
from the ball of his premises and
wrapped away on the spool of his con-
illusions. He, too, necessarily in re-
Spouse to Colonel Argo, got away
from the strict subject of the enquiry
as To matters of law. His defense of
DIR. Kilgo, the way in which that
character grew in his hands into a
living, breathing, human thing which
appealed TO the heart and the imagi-
nation the more for the very faults
with which the speaker adroitly
tinged the picture that he drew, was
a wonderful accomplishment of word
painting. And, although he kneaded
with "a sword or beat it with a club,
his reply to Colonel Argos attack on
kilgo with a counter demonstration
against Gattis was the more effective
by reason of the masked battery from
which he trained his guns
In the summaries which will be
found below, it could not of course. be
hoped to more than catch the drift
of the speakers words. Both are
m toll hni1 oil
quence was so disconcerting that it in
terfered with accurate transmission.
kilco Affected, Gattis Restrained.
AT the announcement of the Courts
decision. there was scene of tenn
porarv confusion the crowd surging
up to leave, the preachers crowding
to congratulate DR.. Kilgo and Mr..
Duke.
DR.. Kilgo. who had not been visible
for some time before the decision,
shouldered his way through the crush,
his face drawn with feeling and al
most blind with the tears starting
from his eyes.
Mr.. Gattis sat still in his chair, his
features perfectly composed, it must
have been bitter disappointment to
him. yet he betrayed nothing. one
felt that he was used to disappoint-
ment by this time-and ready to fight
yet again.
Mr.. Pou stepped out in an interval
of quiet and stated gravely that he
wished to congratulate the judge upon
a service like that of a great surgeon
who cuts diseased appendix from
the body that the patient might re-
coVek: hso had his honor removed
from the body of the public the dis
eased growth of this suit so that it
might come again to health,
Judge Moore then stated that at
three o'clock he would draw up the
judgment and would also issue a rule
on Mr.. j. Rowan Rogers to show
cause why he should not be attached
for contempt in having attempted to
influence Juror King, and the court
adjourned
Judgment of Non-Suit.
Judgment as drawn up and signed
is in full as follows:
North Carolina, Wake County
I. j. Gattis VS.. John c. Kilgo and b.
n. Duge.-Judgment.
In the Superior Court June Special
Term. 1906.
This cause coming on to be heard
before His Honor, Frederick Moore,
judge, and a jury. and being heard
and the plaintiff having introduced
evidence and rested his case, the de-
PENDANTS moved that the plaintiff be
non-suited, and upon an intimation
from His Honor that the plaintiff
could not maintain his action upon
the evidence introduced, the plaintiff
submitted to a judgment as of non
suit and hereupon it is considered and
adJudged that this action be dis
missed and the plaintiff be and he is
hereby non-suited and that the de-
PENDANTS John c. Kilgo and b. n.
Duke go without day. and recover of
the plaintiff, T. J. Gattis, and of T. ].
Gattis, Jr., j. S. Brown and e. c.
Dunlop, the sureties upon the prose-
cution bond of the plaintiff, the costs
of this action to be taxed by the clerk
(Signed.)
FREDERICK MOORE,
judge Presiding.
Summaries of the arguments of Col.
Argo and Ex-Governor Aycock fol-
low:
Col. Argos Speech.
Colonel Argo stated that he did not
think it necessary to go into the ques-
ton of privilege; that the defendants
insisted on referring to the opinion in
the 12Sth n. C. which held that the
absolute privilege extended only so
far as the time of the making of the
speech COInpdlneQ OF. In the 131St
the proceeding was declared to be
an occasion of qualified privilege with
the exception that the plaintiff might
attack the regularity of the proceed
ingS. If ii was one-Sided proceeding
n spectacular incident intended for
the public, matinee, then it is com,
petent for the plaintiff to attack the
regularity and bona-fides of the trial
To show that it was irregular was
the reason the plaintiff desired the in
PRODUCTION of the pamphlet Before
directing himself to the question of
malice and qualified privilege, Colonel
Argo contended that the speech itself,
scurrilous and defcmatory was not
Itself in any sense privileged. Specie
OF counsel are not a part of the re-
cord. But, yielding to the view that
the occasion was privileged for the
sake of argument, he stated that all
the defendant had to show was that
the publication was not solely for the
purpose of putting out the record for
the benefit of the college.
There are two sorts of malice
malice per Sc, express malice, which
depends on personal ill will or un-
kindness or from some Interior mo-
tive. or malice where there was a
want of care. If we can show some