The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-16
Die. Watson's Heated Argument


comes complaining of libellous mat
ter and the Supreme Court says it is
not only libellous in the larger signifi-
canoe, but Hbellous per Sc, of itself
1t was published not only in newspa-
perS, but in the form of pamphlets to
remain forever as a memorial. We
have proved that. Proved that it was
published by the defendants by their
procurement, by and through their
efforts. 1t will not be contended that
they did not take a part in the con-
troversy. 1t will not be contended
that the publication was not false!
Here comes Kilgo saying lit is true.
but want to stop this matter right
here. We had the right TO publish
and for a lawful purpose" They
claim that they represented a college
and that they made the publication
for the benefit of their patrons among
Methodist people.
He then read from the answer al
leging that the publication was made
for the purpose of getting the whole
trial before the Methodist people.
To show their lack of faith, we have
shown that they did not send it out to
Methodists. but published it at large
i'm the secular papers.
They claim that the privilege not
only protected the speakers, but every
sending it out. II is admitted that if
the matter sent out was false and
knowingly false. the privilege falls to
the ground. Is there not more than a
scintilla of evidence that il was false?
This whole speech means, not only to
charge that Mr.. Gattis was the origi-
nator of the whole controversy affect
ing DR.. Kilgo's character in South
Carolina-but that he was the malign-
ant originator
Mr.. Gattis says he did not originate
the charges. because he found them in
South Carolina where DR.; Kilgo had
left them like Shiny trail There
is MIR. Lyon, whom Bishop Duncan
says is pure, good man. He says
Mr.. kilgo's reputation was in South
Carolina as Mr.. Gattis says it was.
Gattis was introduced to the Laurens
conference by DR.. Kilgo after he had
become the head and boss of Trinity
College. DR. KiIgo says Gattis origi-
mated the charges. II was false. DR..
Kilgo knew it was false. Mr. Gattis
says DR.. Kilgo knew he had not ped
died gossip over his counters until de-
cent people kept away. He never ut
tered any such thing. Did DR.. Kilgo
know that when he charged Mr.. Cat
tbs with being the originator? Did
he know ii was not true? There was
the testimony of Lyon and the depO-
sition of Jennings. Did he know ii
was false? If so, his privilege falls
to the ground and he stands naked
as the humblest sutton in the court.
What did Mr.. Duke have i'm his
head? We can't know. We can't
look i'm his brain. Within that "old
blue back" lies the history of this
whole controversy. II contains the
charge of one of these trustees that
Dr. KilgO and Mr.. Duke were so
using Trinity College as to make it an
instrument of the corporation with
which Mr.. Duke was connected TO in
culcate sentiment in the youth of the
land detrimental to generations. This
was like fire on their backs. He re-
ferred to the investigation scathingly
as a mock trial: How Clark was con-
victed without notice: how trustees
testified as witnesses and then passed
as judges on their, testimony. How
the prosecutor insisted on going into
the trial without calling witnesses
Everybody knew Clark had not had
a trial They couldn't hurt Clark.
But here was Gattis, saying with
trembling voice. II did not. want to
go" He had been warned that his
head would be cut off if he went he
was aware of the vengeance prepared
for him. Duke and Kilgo had been
put on inquiry as to the truth of
those statements They had plenty
OF time to find out They never raised
their hands. \ fair enquiry would
have caused you 10 strike out those
offensive sentences. You did it
plainly. recklessly with eyes shut as
TO its effect on Thomas ]. Gattis,"
In the first case before the Supreme
Court. said he, this pamphlet had been
quoted from. The case went back and
came to the Supreme Court again ard
the court cut out the whole book.
We have it that DR.. Kilgo paid for
the supplements printed by the Morn
ing Post and each one bearing a
falsehood on its face. Here was the
Progressive Farmer putting out this
supplement printed in the Post, paid
for by Kilgo, sent out as a falsehood,
with its name at the head.
Mr. Hicks for Defendants.
Mr.. Hicks said he had a considera-
bic feeling of relief that the worst has
come-'no nothing more can happeni"
Before Judge Coke two Bishops were
in a controversy and the losing party
went away to the King and the King
sent a message under his seal to the
court to suspend. And Lord Coke
went on and heard the case and the
eleven judges were summoned to the
Ming ana fepfllnanOeQ. All agreed
not TO again disobey, except Judge
Coke. He said: when that time
comes, l will do as becometh Judge"
Mr.. Hicks went on to say that when
Judge Moore had gone on the bench
he, too, got message from the King
to stay trial. but that he did not
do it.
} He went for Mr.. Watson with gloves
off as the bearer of the letter from the
King who would rule the courts. II
was not Duke or Kilgo on trial but a
church.
Referring TO Judge Clark, he said
that he attacked DR.. Kilgo because he
wanted to worship a golden calf
whereas, he doubtless wanted him to
worship Il silver one.
He stated that it was necessary to
prove that the defendants knew tho
publication TO be false when they sent
it forth. But, said he, they had the
great preponderance of evidence to
make them believe it was true.
He argued for some length and took
a broad path, citing precedent. de-
Tending the Dukes and arguing that
the accusations against Dr. Kilgo were
more slanderous than the answer.