The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-12
Gattis VS.. KiIgO is Con
linued.
Continued From Page one)


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cock, referred to above, as set forth
in the record, is as follows:
DR. Peacock was placed on the
stand
Dr. Kilgo: What is your name?
Ans. bred Peacock.
Dr. X: Where do you reside?
Ans. Greensboro, N. G.
DR.. X: What is your occupation?
Ans. President Greensboro Female
College.
DR.. *: Did you ever have any talk
With anyone about the Laurens con-
ference of South Carolina, from which
DR.. Kilgo was transferred to the
North Carolina conference?
Ans. Yes sir. I don't remember as to
the Laurens conference | do not know
where it was held. / have never been
in South Carolina.
DR.. X: Who was that man?
Ans. Mr.. r. J. Gattis.
Dr. X What did he say to you
about that?
Ans. | don't know that 1 could
quote his words, but sometime in the
winter after the South Carolina Con-
ference he and / were talking, | think
| was in his store. He said that he
had been to the South Carolina Con-
ference and that it was worth going
there to see the reception that was
given you in your old State and that
it amounted to an ovation and that
You would need a pretty steady head
if it did not turn you. He was almost
extravaganza in his description Of the
reception given you. 1t seems to me
that he said something about a water
service given to you.
Dr. X Have you ever heard him
say anything that would indicate that
he had q different opinion since that
time?
Ans. Yes, sir.
DR.. K: Can you tell us anything
about that?
Ans. Yes sir About a year ago we
were on a train together and he
brought it up himself and knowing
his feelings on the matter l have
avoided mentioning your name where
he was, because we have always beer
friends and / never like to disagree
with a man when | can help it if II
will do no, good, unless / think | car
change him to my side, and as l haC
no hope of that avoided your name
But he brought it up himself and one
thing he stated was that it seemed
very strange to the people of South
Carolina that the people of NORTH
Carolina were such fools over kllgo
They could not understand it. Thai
was the statement and it impressed
me at the time as being a little diff
ferent from the other one.
The Motion a Surprise.
When court convened st 10 o'clock
there were every reason to expect
that the trial would be entered into a
once. The jury box was full. anc
talesmen ready to stand the fire anc
croSs-fire OF counsel in the hope OF 8
two weeks berth. The plaintim Cat
It's and the defendant Kilgo were OF
hand. And, while all attorneys were
not in attendance, there was a sub
stantial array of counsel for eaci
side.
While the court was engaged in the
matter of habeas corpus case inVolN-
| ing the turpitude of one negro fol-
shifting another on the head with q
stick, from the effects of which the
smitee was inconsiderat and unortho
| dox enough to die, the bar buzZeC
with what appeared to be PREPARATION
| for a long siege. Stenographers ant
newspaper men sharpened their pen
| ellis. counsel arranged books of refer
| ence or scanned the jury list anC
every indication pointed to a legal bat
| tie to the death.
That the motion for continuance
and the affidavit of DR.. Kilgo came a.
| complete surprise to all except tn
| defendant present and his counsel wa
| striking illustration of the fact tina
| the talking of lawyers is not Away
| wanton Those for the defense haC
preserved the secret of their intention
admirably and finally Sprang the tral
with a transparent delight i'm the de
noument.
| At the conclusion of the impertinen
| but imperative matter of the habea
corpus, the attorneys ranged them
selves semi-circularly around thei
! clients For the plaintiff were presen
| Judge A. w. Graham, of Oxford; Maj
| w. A. Guthrie, of Durham; Mr.. A.
| Hicks, of oxford; Hon. S. M. Gattis, o
| Hillsboro; Col. Argo and Mr. Elme
| Shaffer, of Raleigh; for the defens'
were Messrs J. Fl. Pou, w. c.. Doug
! lass, r. N. Simms, Armistead Jones
and W. b. Jones, of Raleigh; b. ;
| Royster, of Oxford, and II. T. Hicks
| of Henderson.
| An Old Fashioned Preacher.
The plaintiff Gattis is tall, old fash
| icned clerical-looking man, dressed II
/ a wrinkled, loosely-ftting suit of blacl
! preachers dress. frock coat and pant
| of the same material, with a straight
| open collar and a black ascot tie
| The tout ensemble of Mr.. Gattis il
| that OF careless man, whose ores
! is a concession to his calling rattle
| than his taste There is the air o
raggedness about him. He is no
| trim" His hair, a name of iron
gray, struggles over his head. Hi!
mustasche and his goatee, also nearl,
white, grow with independence of any
arbitrary sciZzors. He sits in his chair
| the central figure in a case that ha!
| stirred a great denomination from The
| centre and has been in the courts fol
six years, loose jointed and limp anC
| Vet with that in his figure which give!
! the impression of a passive endurance
and persistency biding it's time. Hat
| one never seen or heard of Mr.. Cat
| tbs. he could almost infallibly diagnose
| his calling and, to a degree, his char
acter With all the laxity of his fig
ure, the ravages of age showing in hi!
person, there is a look of the uncom
promising in his features which is un
mistakable. The hard, brown skin
wrinkled until it is almost cracked, the
| long. gnarled hands that one can SEE
we're once of tremendous power, tht
stern cleft in his forehead, the prom
| inent nose, with the mark of the spec
| tacles at the base of the brow and Tho
protruding under lip, make up a pie.
ture of a man who will hold on
while physical strength leaves him the
l