The times. [volume] (Richmond, Va.) 1890-1903, 1895-07-24

sey was raised TO that position; when
almost Immediately we hear charges OF
corruption against It,
Don't MUzzLE TIE PRESS.
When a man accepts an official position
| In Virginia he g,laces his character In the
I issue. and II he allows hiots 10 fall upon
/ his reputation. it is the right OF the
I American citizens and their duty, 10 m
vsstigatc every whisper Of scandal against
him. to look into every charge, and 10
charge him in turn. If they lind reason TO
believe that their public servant Is allow
ing that Office TO be corrupted, and IS
himself corrupt. The public press. sad
Judge Heath. occupies an important and
responsible position before the public, the
law has so recognized IL, tnat IL mas
THROWN safcg guards around II. an indc-
. pends mt and fearless Journal IS one OF TIE
greatest blessings given TO humanity.
How often have We heard IL said uptn n
the public streets, IN discussing matters
! of corrus,tion, why do not cur papers
expose these corruptionsg" How often
have We made such a remark ourselves,
and y hat VIII be the condition OF Things
If Our independent. fearless journals
throughout the land are 20 be stiied by
such libel suits as thisg
The Judge took up the matter of the
case itself and showed that I'm $500 nc
Ccrding to the evidence and the matters
Of record. and by the plaintiff own
admission. he was ins0ivent Counsel
alluded 70 the plaintiffs : avoidance oi
paving the judgment OF court of COM
petent jurisdiction, TO which he had sub
mitted himself. and now comes before
the curry claiming that ne was not moral
~ bound. We are charged, said Judge
Heath. TO submit ourselves to the powers
that be. and when the pldlntin attempts
to avoid the judgments Of our courts,
and al the same time says that NE was
under no moral obligation, is dead. and
can only be hkencd To the moral tense
Of the outlaw. Is this man, with huca
n sense of moral obligation. one 10 re-
cover damages for injuries 10 his moral
Judge Heath then explained the Whole
nature of the suit in which Judgment
was rendered against Mr. Massey Hs
surety for the administrators OF the
Mauzy heirs, and claimed that the iult
was adiudicated in chancery court
where equity II the principle consiiered'
a court that decides according 10 !ustlce
rs well as the law. and that Mr.. Massey
had every opportunity, j. ne hai Dtlu
entitled 70 IL. 10 have been relieved from
the obligation that mad fallen upon hin'
Referring 10 the records OF the aiop-
tion Of schools books i'm lsl0. judge Heath
said that Mr.. Massey prepared inhl tpn-
tract and signed it while. acort-ns 10
the testimony Of Attorney scott,
there was no adoption. and that II the
record had been signed as 10 was adopted
then il was false.
Judge Dohlc. Dlt. inc AtioIhe! "i
state that Judge heathf ,.-
Judge Heath lie did. sir, and l nave
the record TO prove II.
w ny was tndt done! VIII zen You.
j. W. W omach, away out ll th' N-tte
OF Washington. knew oi the adoption ioAb
before the Att0fnoy-GeHcrai. according
10 MS own testimony. hl'" lN"i '"'if
hdd bteh an duoplioh Ut Ndo
thdt under dupbiou ana uh''t lh' ,'n
ltUr q o. r..f.
company mere We're tieat brntiia 10
arise TO that company, and IL was Fai-
uan." ASSIST lance 20 l.'in lli So, Z iii- .ii.l
contracts IN other states. Ihat Is WY
t..r news was iu.ntd 'I. ii nd5'r 20 -
W. Womack ia tl' Tar West J. on '.'t"-
not expect the ietenct, gentlemen OF the
jury 20 prove TO spccii2 iact OF bribery
IN this case case % bribery ia ices
sarily hard one 10 prove s!ccii,Aii3
The act Is done ln secret IT D. hruaily
covered up, ana me law rec, aAiles ''-'
TACT ana allows the jury ~ tphtlllc
from the circumstances surrounding the
case the gIiit or inno.tLle Of the ac-
CuScd.
"Alr. Massey held no office in l>so and,
according 10 his own statement. no farm
he simply had i'm the farm. Ash Lawn,
wnat is termed IN law usUfruct-that is,
a lie benefit ffOm II.
FACTS TO bE coNsibtktD'
Counsel called attention 20 the fact .hat
Mr. Massey bad used a book 20 assist aim
in his testimony as 20 his income ana
sxpenditurts. " that book - rot correct
then Mr. Massey is 10 blame, as ii was
lstpr by hmm and Wa his pro IuctiOu ln
the case. He called attention 10 Mr.. Mas
s.y's reulv Ia Mr. Nfely's question as 10
whether or not the plaintiff was insONcnt
I'm lND The reply was. "lf they can cail
a man insolvrrt who was in the possess
SION of avaiIs bic estate. then ] suppose
/ a. insolveDt" fe called attention To-
Air AfasseV's statement at one time thdt
that bool, was based upon the nlemoran-
da that he had kept tor years. and trdl
IL was not correct, ana that .time anu
gain fterWard De stated tnat thtl croult
and that book were simply KEPT lot nla
own benefit. and that he did not cioihi
thai il was correct.
Judge Heath claimed that the nrst
statement Of the pialntiu was sNeh 10
his counsel on his direct examination
but after he Was placed under 1he ,io5a
cxaminatiOn. and the eAlstnc4,a on "a.
ease required. plainun lound IL h.erS7"ts
10 shift his testmany ana that lht J--s
must weigh these Things Wien my go.
to give ciedlt 10 MS ms si.91,,-.' tnet- must
must view tht con- sy. az H. ,,',os tehtifViug
view the fact tnat ile N"o' .','-..,,,','e,
his own pei'll, i. Una. ~. li, ard dre allow
10 sustain hls own cas-, i,,. ai4' ".' .s,''id ne
ance IN WglsllliS & nie
given 10 ines" iat.e' 9. .ro man
Counsel callco atiehu.h 20 wy .''sJ ''J
ncr in which the pldlhlhi na" go 80,
10 iusgle with the jury Dy 5'f,Is 'hoir
a part Of the truth but HoS -, b.
Truth. \ man D. as lIu'iilmui IL W 'i'-'',,.f
comes before a jury WH'.r ,I iori,.
ed 10 give the Wlu4r AttAi f+-'. -t-