The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-26

that Whatever counsel TOT an -uHSuc-
cessful litigant may say of the opinion
of the court is most often aScrlbed to
pique and resentment, and for that
reason and on account of my high
> opinion of our court of last resort. /
have studiouSly avoided public crlti-
ciSrn of their sdeciSionS. however dis
appointing they may be to me. or my
clients. But when a judge of the Su-
preme court finds it necessary in or
der to justify his opinion, to appeal to
the people through the press. and
publishes "a statement full of errors
both of law and fact, then l hope 1t
may not be considered improper. or
indicate, for one familiar with the
facts, though he be of counsel for the
unsuccessful party. to call attention
to his errors.
Judge Brown feeling that the pro-
fession an and enlightened pub
lie sentiment of the State would
not approve of his action in de-
approve of his action i'll de-
nying the right of trial by jury to
man injured in his reputation aud
business by false and malicious libel
has essayed to give his reasons Tor
1.-The faith that is in him" and. in do
ing so. has fallen into errors so numer-
Gus and glaring. / cannot refrain from
asking a little space in your valuable
paper in which to call attention there
to.
OF the opinion of the court. what
ever | have to say, if anything. Will
be respectfully addressed to them. at
the proper time and in the proper
forum.
His Honor starts out with an error
when he saws 1.-The foundation of the
action was the publication of the pam
phIet.." This is not correct. The foun-
dation of the action was the publ
cation of the libellOus parts OF the
speech of defendant Kilgo. in which
he charged Mr.. Gattis with being
hvpocrite a liar. an original maiigner
and slanderer an assassination of char
acter and keeping a book store Ill
Durham in which unchristian gossip
was INDUCED in to such an extent
that decency demanded that he keep
out of such a place-eVery word OF
which was proven on the trial to be
false. 1t is true it was published IN
a pamphlet but only the false and de-
famatory matter was complained of.
We all know that in the hands OF
q skillful special pleader half truth
NAV often do service for the whole ar
ticle and in his adroitly written ar
ticle he would have you and the PUBIC
TO believe that the foundation of Mr..
GattiS' cause of action was the pub
LEGATION of the pamphlet. while he
knows. great and accomplished lawyer
that he is, that it was necessary 20
aiiege in the complaint the manner
in which the matter complained OF
was published. and that the pamphlet
was only the vehicle through which
the libel was communicated to the pub
lie while the false and defamatory
matter contained therein. every word
of which is set out in the complaint.
was the foundation of the action.
And paragraph &. of said complaint
is IN these words: That by reason OF
the publishing and extensive clrcula-
ton of the aforesaid false ana defam-
atory words hereinbcfOre complained
of the plaintiff has been deeply
wronged and damaged
He again states that 1.-The pub1ca-
ton of the pamphlet was the cause of
action" whereas if he read the COM
plant he would have readily seen that
it is no where so alleged. How such
an error could have been commltte
by so able and careful a Judge Is
hard to conceive.
But that error is no greater than
one that follows Just after. when he
states that 1.-The order to publish the
proceedings was made by the trustees
some forty DAYS before the, trial L
defy the Honorable Justice. or any
one else. TO find any such order. 1t is
not in the pamphlet. The matter to
which he probably refers is found on
page 40 of the Blue Book and is in
these words:
July 18th. 1898. =
Or Greasy: Are. the pro-
ceedings of this meeting to be
kept. secret or are they to be,
known to the public?'
my Tyer:- This is very impor-
tant because men have already
asked me to tell them as soon as
1 get back.
know whether the proceedings
here are to be kept to ourselves
or to be made public. [ am will
ing to either.
Or. Greasy: l move that the
proceedings be made public
Mr. Parish: | think if they are
made public it, should be just,
what the secretary has.
Nv Ivey moved that the meet
ing adjourn till nine o'clock
Night Session. Gas O'clock.
DIR Greasy: l move that the
records be opened to the pub
lie"
Mr.. Wilson: I move that as a
Substitutes for Dr. Creasy's motion
that the executive committee be
authorized to prepare state
ment."
Then CATER remarks by Mr..
Bishop and Mr.. Southgate) DR..
Creasy's motion was carried.
Mr. Oglesby: Suppose news
paper reporter asks what did you
do, and we state the german
facts would that be violation Z?
Mr. Parish: l am somewhat
like Mr. Tyer. Every body knows
we have had this meeting, and
everybody is going to be asking
about it, AS for myself nothing
can ever be traced from this meet
ing through me. If any one would
like to know from me about this
trial | would just say that Judge
Clark asked for further time, and
it was granted
The board of trustees met again
on August 3Oth and 31st. and after
the utterance of Kilgo's false and de-
famatory speech they passed resolu-
ton to print 10000 copies of the pro-
ceedings and that any and all news
papers were welcome to all the pro-
ceedings. And on September End the
executive committee of which Kilgo
and Duke were members, ordered
that 10000 copies of the proceedings
be published and Kilgo and Duke
voted for all the resolutions (see