The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-15

intelligence by offering his own remedy
to you instead of this well-known prep
aration of DR.. Pierce.
Did DR.. Kilgo ever talk to you
about people talking about his charac-
ter IN South Carolina?
Defendant objects. Over-ruled. Ex-
.ceDtion.
"On one occasion DR.. Kilgo asked
me if ! had met DIR. Waddell. He
then asked rs he still blabbing
around -
He did not in his testimony refer to
Dr. Waddell or to other South Caro-
lima witnesses.
Blue Book Goes In.
At this juncture. while Mr.. Watson
was proceeding to ask the witness
further questions as to his testimony
before the trustees in the investiga-
ton, the defendants objected on the
ground that the plaintiff had express
ly kept the pamphlet published by the
trustees out of evidence. only putting
in portion thereof; that if the defense
was to be restricted in its investigation
as to what occurred on that occasion,
the plaintiff should be likewise re-
stricted. IF the plaintiff will put in
the whole of that document" said
Judge Winston, "of course we would
not object
Then" said Mr.. Watson, throw
ing the book on the table. we offer
the blue book as cy.Uca C entire.
The surprise at this was marked,
counsel for the defendants smiling
broadly for moment but only for
moment Mr.. Watson was debating to
the stenographer that the plaintiff in
troduced the book. without objection
on the part of the defendants" 1t was
noticeable that the plaintiffs attorneys
seemed equally pleased with those of
the defendants. There was some OBJ
lection, when the ruse became appar-
ent but the judge directed the entry
as suggested by Mr.. Watson and the
defendants acquiesced. So the blue
book introduced at former trials over
the objection of the defendants, gets
into this one free of question. 1t was
curious and an interesting compli-
cation. showing the wheels within
wheels which move the progress of
this slow and learned trial.
The door being open, Mr.. Watson
then read the testimony of the plain
tiff Gattis at the trial. questioning the
witness as he went along.
What He Told Judge Clark.
Continuing the witness stated that
about a month before the investiga-
ton. Judge Clark came to Durham
and asked me to be q witness. / de-
clned. He again came to see me.
again declined and gave my reasons.
/ went to see Major Guthrie and asked
his advice. Went to Mr. Carr and ask
ed his advice" He then went to Mr..
Southgate and told him his reasons
for not wanting to testify. Mr.. South
gate had told him that there were
hard duties i'm life and this was one
of them i'm his life. Mr.. Southgate
said I'VE want to go to the bottom of
this thing" and added ''the man who
will not go is untrue to the church.
Asked as to what he meant the day
before by moral force" the plaintiff
stated that he referred to the efforts
made to get him to testify.
The plaintiff was asked what was
the demeanor of DR.. Kilgo towards
him on cross-eXamination. There was
objection by the defense. Col. Argo
then argued that the pamphlet hav-
ing been introduced by the plaintiff
without objection by the defense. he
was not limited to the formal record
of the trial. but could go into all Incl
dents thereof i'm any wise bearing on
the question of malice.
The objection was sustained and the
plaintiff excepted.
Mr.. Watson then repeated the cues
ton asked on Tuesday as to DR.
Kilgo's exclusion of representatives of
the press, he locking the door of the
room i'm which the investigation was
held.
The objection of the defendants was
sustained and plaintiff excepted.
Witness was also asked whether
Judge Clark in the presence of de-
PENDANTS, was refused the right to adj
dress the board of Trustees at the
close of the evidence, unless he would
agree that his speech be not published
Objection sustained. Exception.
More Argument on Special Damage.
Argument was then gone into on the
question of the admissibility of the
testimony tending 70 show damages in
the loss of his business. In cases, de-
clared Colonel Argo. where the words
complained of are actionable per Sc
he is entitled TO recover general dam
ages for the loss of his business, etc.
In cases where the words are not ao-
tionable per Sc special damages must
be pleaded and must be proved as
pleaded. In cases of general damages
all WAYS in which he has been dam
aged, in business, in means of liveli-
mood, family and social relations may
be generally but not specifically prov
en-.
Mr.. Holding took the position that
mental anguish should be properly a
matter of evidence. They offered To
show that this mans entire business
had been swept away, SO that he was
a east-away, as far as making a live