The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-16
Evidence of KiIgO's South
Carolina Reputation.
MOTION TO NON SUIT
Fourth Day Passes Without Sensation
Except as Furnished BY Counsel
in Argument Motion 10 Dismiss
For Want of Malice Still
PENDING.
Pending.

AT the conclusion OF yesterday
hearing, the Gattis- Kilgo case hung,
in a sense, in suspension as to its flu
ture. q
Early in the day the plain-
tiff had rest1/ his case and the de-
fense had at once made
motion to non-suit or dismiss the ac-
ton, claiming that the plaintiff had
not shown malice as he is bound to
do under the terms of the last decis-
ion of the Supreme court in the case.
Argument on this motion consumed
the balance of the day and had not
been concluded when the court adj
journed near seven o'clock In the ev-
ening.
For the defense the argument was
conducted by Judge Winston and Mr..
T. r. Hicks. for the plaindff by Judge
Graham, Hon &. b. Watson and j. n.
Holding. Their speeches were ex-
haustive both of the law and the facts
and. occasionally, of the older history
of the case, barking back to the days
of the Clark-K -Kilgo controversy and
the Trinity College investigation which
grew therefrom.
Coin 10 the Country.
Peculiarly did Mr.. Watson and Mr..
Hicks "go to the country" in this re-
spect, although there was no jury 10
hsten to them. Mr. Watson's speech
was particularly characteristic. lie
spoke with all the fire. the deliberate,
pounding force and sarcasm for which
he is noted. He riddled the inves-
tigation with ridieule as a farce, pos
ing as a trial. He went for the mos
tiVes of the defendants in sending
forth the publication with vireToua
seorn Mixed with this line of argu-
ment. he dwelt on the law and the
plaintiffs technical position with the
greatest earnestness and with clear
ness of expression which drove home
his points and fixed the attention OF
the court room.
Judge Winston and Judge Graham
devoted themselves for the most part
to a legal view of the case, although
both became at times personal to their
opponents. Between these three. II
was difficult to take a view and hold
IT, The mind slipped along i'm uncon-
scious sympathy with the successive
speakers. BY the time that 1t came
to Mr.. Hicks and Mr.. Holding to
speak, the ground had been pre-
empted. 1t was a regularly staged attn
letic exhibition of legal wits.
Testimony for Plaintiff.
During the morning session the
plaintiff put on two or three Witnesses
who testified as TO the character OF
DR.. Dilgo having been much the same
as ii was testified by Mr.. Gattis TO be
long before the Trinity investigation.
This inquiry was of course directed to
the estimation in which he was held
by the people of South Carolina dur
ing his residence in that state.
The defense also put on witnesses Z
show that there had been no gossip
OF an unseemly sort In the Gattis
book store in Durham, and, in one OF
H. algu &4faF
unsuccessful attempt TO get IN lndi-
rectly me special damages testimony
ruled out the day before.
There was the usual storm of OBJ
jections and argument on almost every
question asked each of these witnesses.
as there has been from the beginning
i'm the case of each man who has taken
the stand.
Doctor AycDck."
Governor Aycock was In court smil-
ing at the salutation of DIR" which
he received on all sides I'm recognition
Of the degree conferred on him Oh
Wednesday by the University OF
Maine The Ex-Governor was already
a doctor by virtue Of Trinity Coll
lcge degree of two years ago, but VAS
particularly pleased at this last honor
since it showed that the Maine folks
whom he visited last fall had remem-
bered him.
AT the beginning Of court Judge
Moore created CONSERVATION I'm the
ranks Of the lawyers and newspaper
men by announcing thnt hereafter he
would holu eight hours or .-lore day,
convening at $50, taking recess at 2,
re-convening at and holding on till
T o'clock. He made up for this in
part. however, by granting permission
TO all who so desired to dispense with
their coats.
Pending the decision of the motion
as TO non-suit it is of course yet prob
lematical how long the trial will con
tinue. If the defendants prevail the
trial comes to an end at once. If the
plaintiff wins the right TO go to the
jury. il is not known whether or not
the defense will introduce testimony.
If not the argument begins: IL IL does.
the plaintiff Will come back in febuttal
and the end viii not be even in sight.
In the meantime, details for such as
care 10 read:
Evidence Of Justification.
At the beginning of the morning
session Judge Graham put I'm evidence
for the plaintiff paragraph eight of the
answer of the defendant Kilgo. this
being the paragraph which justifies
the charges set forth IN the Kilgo
speech. Judge Moore cautioned the
jury that the evidence was competent
only as against the defendant Kilgo
DR. KiIgo's South Carolina Reputation.
The first witness was Hon. George
A. Shuford OF Asheville. 68 miles
from Spartanburg. where he is ac-
Continued on Page Threc)