The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-07-02
THE AASSEY-P|L0T SUIT.
Counsel for Plaintiff Highly Sat-
iShed.
evidence for the Defense Regarding
Mandamus. MIR. DeLea's Opinion
of Mr.. Massey, MIR. Womack
Not Yet in the Case, May
Be Later.

The sky was dark, the rain came
down in torrents, nevertheless the
counsel representing the plaintiff in
The Massey Pilot suit appeared TO be
ell smiles and exceedingly happy when
she court adjourned st 3 O'Clock yes.
,erdGy afternoon.
MIR. McGllvary, the Seer etary of he
Board of Education, had beeu.on the
Witness stand aud put through u most
tigId and trying examination and bad
come out in the opinion of this friends
of AIR. Massey with flying colors. He
Impressed everybody with tho idea
'hat he was fully able to take
care of himself, in fact Messrs.
Ghom, Wake and Nicely had
attic more to dc. than to sit buck
.u their seats aud smile at his adeptness
sn meeting Mr.. Wise and the other
counsel for the defence in their efforts
20 put him lin hole" He would not
be trapped, and more thnn once when
He was III the act of explaining some
tircnmslance relating To the OF erations
OF the Board OF Education. effort was
made to cut him OF by counsel for the
defense, when Mr.. McGilvary, with
composure aud determination would
GO on with his story, saying at the
came time that he would explain be.
once when he got into one of his com
municative moods were they able 10
atop him.
1T was generally agreed that Mr..
MeGilvary was Que OF tho safest and
nost careful witnesses ever seen in the
oonrts OF this city.
The audience expected that Messrs
rutherford aud DeLen would furnish
evidence of sensation,ul character.
Mr. Delea was expected to sny that
Mr. Massey wns, in the opinion of the
pnblIc, dishonest man, but he would
not say so.
MIR. rutherford was the attorney who
applied for the record IN MIR. Massevs
office; WAS refused, and then, at the
instance OF Mr.. Il. L. Byrd, intended
20 got mandRmus to compel the
Board to allow an inspection of the
contracts. But whom testifying MIR.
rutherford said when application was
enads to Mr.. Massey he granted the re
quest without the nandnmus.
a sensation was expected by the ut.
tendauce when Mr.. De Lea was Ques
Nened as to the character of MIR.
Womack. The defence desiring to
prove MIR. Womaok a gambler and n
hriber. but Judge Preptis refused to
allow the witness to testify along tins
line until there WAS prima facie eyi.
dence that Mr., Womack had bribed
Mr. Massey, which said the Judge, the
defence hnd SO lar failed to prove. So
es day OF sensation yesterday was an
absolute failure ana wound up with "A
Sery prosy presentation of court
gecords.
Mr.. Massey was seen as he loft the
courthouse and said he was getting n
little m No .
!e wns very giad to loard that MIR.
DeLee was the man who wrote tho
anonymous letter in the New York
World: He had his suspicious, but
never before knew az an absolue cer.
dainty who was the author of the at
TACK.
SEVENTH DAYS SESSION,
The court officials, lawyers and wit.
nesses, were on hand yesterday morn
lug In good time, refreshed by days
rest. Judge Prentis vas on the bonpb
at exactly 1890. Court was opened nt
once, and Mr.. McGilvary, Secretary of
the Board of Education, WAS called to
the stand, aud he WAS examined by
Captain Wise, Ho read from the re.
cords, and stated when the book con
tracts were adopted. lie said that Wo.
mack was tho agent of Van Antwerp,
pln nBH So., DeiOt9 tie became al
eScnt OF the American Book Company.
Mr. McGilvary said he did not remem,
Der whether IN March, 1890. any hook
agent applied to see the minutes of the
state Board or whether any ono had
access to the minutes. Did not remem.
Der any one bringing books to Boards
once IN March and was not present Mt
the meeting of tho Board March, 1890:
that tbs mlnntcs of that meeting wero
banded him by MIR. Massey. Said he
had no right then or since to doubt the
correctness OF the minutes.
In reply to Capt. Wise said lie did
not know when the hook agents. in
se9O, lett Richmond. Witness said that
III 1874 hlr. Rutherford asked to see o
book list. but he (Ruthcrford didu't
seem to have very clenr Idea of what
he wanted. Witness tried TO find ont
u ne th: was an interested person. lie
declined to answer and IT was subse
quently developed TINT he wanted to
gee The book contract. which he (Mc
tiivary) declined to let him sec, except
by order of a member OF the Board.
It not beng part of the
minutes of tho Board meetings.
air. Byrd also called to SEQ him
twitnoss) in 1894, and wanted TO know
when the Board would meet. Witness
himself frequently had short notice of
the Board meetings, and when the