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

With this exception MIR. Gattis made
an admirable witness i'm his own be-
half answering unrestrainedly and
clearly for the most part and holding
his own under a most searching and
sometimes fiercely sarcastic cross-ex
aminatio.- by Judge Winston.
Ready For Faster Work.
1t was felt last night that the legal
underground had been sufficiently
cleared away to permit of faster prog
ress and that the trial would go on
much more rapidly from this point.
Judge Moore stated during the day
that he should expect quicker work
for the remainder of the trial.
Juror Norwood was taken sick at
the close of the mornings hearing and
IL was feared this trial might be post
poned. He was i'm his seat, however,
i'm the afternoon.
The detailed report follows:
Mr.. Gattis Still on Stand.
Court convened at 1910 with Rev.
Gattis on the stand.
Mr.. Watson; "At the time of the
publication, what paper was the or
gan of the Methodist denomination? ?"
Answer: THE North Carolina
Christian Advocate, published at
Greensboro"
that paDer2''
Il was a subscriber. 1t was not in
any number which / received"
There were objections to these
questions which were over-ruled.
Argument Begins.
Witness was then asked whether he
had family. Judge Winston object
ed, and Mr.. Watson stated that the
We a Ck cd AZ I'M tn CHI
damages.
Judge Graham, for the plaintiff. ar
gued that the question was competent
as showing a greater measure of suf-
fering in a case where a man has a
family, since the fact of the disgrace
brought upon the family may increase
plaintiffs distress and add to his hui
initiation. This is parallel to the rule
of showing a mans social position and
standing in arriving at the measure of
damages.
Judge Winston replied that the rule
ought to apply only so far as the al
legged libel or Islander might operate
10 affect a man in his marital rela-
tons He did not see how wife and
children had anything to do with a
controversy between Messrs. Gattis
and Kilgo. Was man with twelve
children entitled to twelve times as
much damages as a man with one?
Would mans damages be increased
because he had two wives? In Utah
there would be no telling how far that
rule would carry one. The idea in
VolVed field of speculation that was
boundless
Mr.. Watson replied that Judge Win
ston's position would be eminently
proper were the case one of claim and
delivery for a calf. But that was not
the case. The complaint was not as
to what Kilgo said as a lawyer behind
closed doors but was based on what
was published to the world Mr.. Wat
son then read authorities holding that
the fact of social position and that
plaintiff had family could be shown
i'm actions for SANDER or libel
The objection of defendants was
over-ruled and exception taken
Mr.. Gattis then stated that he had
wife and seven children. He had
three daughters, one married Stated
that he saw the publication In Char
lotte. Durham, South Carolina and va
rious other places.
Effect of the Charges
Witness was then asked TO state the
effect of the publication on him.
1T is impossible for me to describe
the effect 1t had on me; for two
months | didn't sleep for more than
two hours at a time. / have been an
invalid almost ever since The effects
were marked physically and mentally"
Many friends went back on him. Many
former warm friends had met him on
the street and turned away. Had gone
into church to worship and minister
who formerly treated him as a brother
paid no attention to him.
My health broke down for a year
utterly. Was scarcely able to attend
70. hrn
dition.' The next year he took charge
of work on Granville circuit. He felt
handicapped more and more. These
publications had gone all through
Granville county. In March he was
taken very i'll and was sick all the
year. His nervous system had broken
down. He had not been able to write
with a pen for five years. He made
two trips for his health to Florida
For twelve months his health had been
better. but he was still unable to work
regularly He had all his life at
tempted to maintain a good character.
1.-The treatment has made me very UNI
happy and | believe il has destroyed
my health"
To the questions and answers sum-
married. aove the defendants took
many exceptions.
The question was asked what eff
feet the publication had on his abili-
ty TO make a living.
There was objection. which was
over-ruled.
The thought of the publication was
always with him. He was scarcely
able to work. He had been prevented
on hundred occasions from working
physically or mentally. He stated that
DIR. Kilgo knew him well. Had lived
i'm same town. Had been together Of
ten at Conferences, i'm his place of
business i'm Durham. His place of
business was the only book store i'm
Durham. DIR. Kilgo came there to
consult about books; was there once
or twice a week. DIR. kilgo had the
opportunity to know plaintiffs char
acter He had not retailed unchris-
tian gossip over his counters
Asked as to what opportunity DR..
k1lgo had to know the truth of the
testimony given by witness, he said
that DIR. Kilgo had lived a long time i'm
South Carolina and knew what was
said about him there