The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-11

that he could not answer others tina
this defendant believes he could an
swer, and attempted to be witty anC
sarcastic on the witness stand, at ex
pense of this defendant, all of which
appears in plaintiffs evidence, as
shown in said pamphlet
CD That plaintiff did permit gossip
and unseemly talk to be carried or
in his store at Durham.
(4) That plaintiff did say to DR.
bred Peacock, in substance, as de-
! PENDANT is informed and believes, that
! it was worth going to South Carolina
to see the reception given to this de-
! PENDANT, and that it amounted to an
| ovation to this defendant.
CD That plaintiff did say to Dr.
bred Peacock, in substance, as de-
| PENDANT is informed and believes, that
/ it seemed very strange to the people
of South Carolina why the people OF
North Carolina were such fools over
Kilgo, meaning this defendant
co That plaintiff, in his testimony
upon said investigation, did dodge and
evade and hesitate to speak the truth,
and did, in some instances, refuse to
speak the truth, as appears by his
testimony then taken
s. And so this defendant says, on
information and belief, that each and
every charge in his said speech, pub
lished in said pamphlet, was true and
the arguments and differences drawn
therefrom were just. and legitimate
differences from the evidence of said
Gattis and the other evidence and
: facts in the case
8. That this defendant made said
speech in defense of himself when he
was on trial before the Board of Trus-
tees of the college, who had power to
remove him; that he made it in good
faith, believing, and he still believes
it was true; that he was not actuated
by malice or ill'will toward plaintiff,
either in speaking or cooperating in
publishing it; and he insists that ne
had the right and privilege, in the de-
Tense of himself upon said occasion,
to saw and declare what he did then
speak, and to cooperate in publish
ing n true and correct account of
his speech and of said proceeding, and
that the same We're and are priVi-
| legged, and for this further reason
also:
10. That the speech of Judge Clark,
prepared for delivery upon the occa-
sion of said investigation, and the evil
dence of plaintiff thereon, and other
matters and things hostile to this de-
PENDANT and the college, and in large
measure untrue, in fact and inference,
growing out of said charges and in
vestigation, had been published and
extensively circulated in newspapers
before the publication of said PAM
phlet, to the great prejudice of this
defendant, the church and the college,
and it was the right and duty and
privilege of this defendants and OF
said Board of Trustees to publish to
the Methodist people of North and
South Carolina, and others interested
in said college, an accurate statement
of what took place at said investiga-
ton. in the reasonable protection OF
the interest of said college and in de-
Tense of the attack upon his charac-
ter, and that only by such or like
publication could such people be
reached, as they are very numerous
consisting of more than one hundred
thousand people, and the defendant
is advised that the same was fully
privileged.
IL That the plaintiff has not con-
tented himself with suing for dam