The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-14
Makes Specific Denial of
KiIgo Charges
DEFENSE WINS POINTS
Judge Moore Holds that Plaintiff Must
Put in Whole OF KiIgO Speech and
that He Cannot Prove Special
Damage. Hot Legal Ar
qument.
gument.

The second day of the Gattis-Kilgo
trial went a long and. from a specta-
tors point of view, a tedious course
yesterday.
When court finally adjourned. at
six O'Clock, however, the legal fight
which had been waged successfully to
the plaintiff on the first day, had
turned into a partial victory for the
defense on the second.
There was the same abundance of
argument on contested points as on
Monday the same hawk-like vigilance
of counsel for either side, the same
grapple over every smallest advantage
won. With the number of exceptions
taken on close questions of law and
| objections based on fine-spun distinc-
tions as to evidence. all of which grew
| out of a general line of campaign, 1t
| begins already to look as though
new trial were a certainty, whichever
way the verdict of the jury shall fall.
Results OF the Day.
The net results of the day might be
| detailed somewhat as follows:
The plaintiff was to certain extent
| successful in showing the publication
| of the speech of DIR. I<ilgO, which is
the gravamen of the complaint in a
number of secular papers, precluding
| the idea that such publication was
| made, as is claimed for the pamphlet
published by the board of trustees of
| Trinity College, for the peculiar en-
| lightenment of the Methodist denomi-
nation and prospective patrons OF the
1t was shown that these publications
! were made in The Morning Post of
Raleigh, and, through supplements
printed by that paper and sent by con-
tract with President Southgate OF the
board of trustees. to other papers IN
different parts of the State that pay
ment for such publications were made
by checks signed with the name of
John c. Kilgo, treasurer of Trinity
College, although the counsel for the
defense would not admit that the sig
j nature on such checks was in the
handwriting of DIR. Kilgo.
on the other hand in getting these
publications before the jury as evil
dence. the defense secured a ruling
from Judge Moore requiring the plain
| tiff to introduce the whole of DR..
Kilgos speech before Tie investigation
| by the board of trustees, instead of
only those parts thereof relied ON In
! the complaint.
Also, the defense prevented the in
PRODUCTION of testimony tending to
show special damage to the plaintir
by reason of the loss of his business;
and also, prevented evidence tending
to show that he had been prevented
from practicing his profession as
member OF the ministry by reason OF
the publication of the speech.
All of these matters have an inn
portant bearing on the case, and the
chief fight has so far been the effort
of the defendants to draw out from the
testimony of the plaintiffs witnesses
and from other testimony introduced
by him. the proceedings of the board
Eof trustees at the time of the Clark
I<ilgo controversy without themselves
introducing testimony.
While not wholly successful in this
line of campaign, ii Will be seen from
the foregoing that the defense scored
a material point yesterday when 1t
! forced the whole of the Kilgo speech
! into the evidence-since that speech,
beside it's direct structures on the plain
tiff Gattis, contains many other eollat-
eral matters of a nature TO constitute
defens>
Matters Of Defense in Plaintiffs Eyi-
dence.
without laying themselves open as
yet to cross-examination, the defend
ants have therefore already gotten
| some of the matters on which they re-
| ly for Justification before the jury.
The speech, however. does not con-
tain a tenth of what the defendant
would like to get in evidence of the
| proceedings and as to the remainder
of this matter, the plaintiff has so far
been able to keep it out of evidence.
Plaintiff i'm Own Behalf.
1t was late IN the afternoon when
Mr. Gattis went on the stand, nearly
two days having been consumed i'm
this preliminary skirmishng. His di-
rect testimony was not concluded, but
the net result had been that he had de-
MED a number of the charges made IN
! the Kilgo speech when the court ad-
journed for the day.
/ Mr. @ tbs made an interesting wit
ness. he is a much taller man on his
feet than he appears when sitting
down. In the box he is a venerable
| figure and his voice is of a peculiar
dignity and calm. combined with a
strain of self protection in its even
intonation.
He answered slowly and deliberate
ly and with much reserve force. Dur
ing the spats Of counsel over evidence,
he sat quiet and patient, still and
passive figure waiting the word. What
the examination viii avail to
| change in the personality of Mr.. Cat
| It's remains to be seen.
With the exception of concluding
! the long delayed testimony of Secre-
tary Ballard so that he finally got
| away for the Louisville Reunion twen-
| ty-four hours late and the introduction
/ CONTINUED on Page Three.)