The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-07-10
to- prove il it had been admitted. Mr.
IhOm objected.

Capt Wise stated that it was his
rlght.to have the matter go upon.the re.
cords along with his EXCEPTIONS, as he
proposed TO argue again on these
points.
MIR. Thorn asked Where do YOU pro.
pose to argue them again?
Capt. Wise-Before u higher court
on appeal.
ening.
Capt, Wise said it was not the first
time in this case that the plaintiff
thought they were weakening TO find
that they were laying in ambush.
MR.. SMALL TEsTIFlEs.
Mr.. Sam w. Small, one of the de.
iendants to the suit, who was manap
ing eoltor of the Pilot when the obisc
tlonnhle article was published, was
called to the utand. Mr.. Small said he
was defendant in the SUIT; had been
newspaper mnu for twenty We
years. MIR. Small mentioned number
OF papers with which he had been con.
nected. The Atlanta Constitution. the
Banner OF Light, OF Nashville. Tenn.
the Home journal, owned by Presi
dent Andrew johnson, published in
Greenviile, Tenn.
MIR. Small said that at the time OF
the publication OF the Massey book
company article he believed the state.
ments IN the article to be true. and bo.
lieved that there was evidence that
would establish the truth OF the state.
ments III said article. In the couree of
his connection with the Pilot he re.
ceived letters calling his attention to
school matters, and having knowledge
OF the transactions of the American
Book Company, he was led to believe
that the school matter in Virginia was
worth looking into; got friend In
l'lcbmond to get him lnforma.
tion on the book question; he learned
that an investigation OF the book adop.
tlons was on loot and he published a
telegram from Richmond on the book
question; subsequently Mr.. Il. +. Byrd,
OF Winchester. came to the Pilot Office
and asked him what basis there was
Tor the telegram that had beer pub
lIshed IN the Pilot; on being told MIR.
Byrd revealed to him that hs hnd facts
about the matter that be couldn't gel.
and asked Byrd if he could have these
facts; witness wanted 10 publish All
article OF his own on the book uues
ton, but Mr.. Byrd preferred to 90
back home and prepare nn article
when it reached the Pilot Office
he pruned it till he thought it
would pass muster. Ho thought that
as 1t concerned the people Of Virginia
II was proper matter for publication,
and he published it. 1t came to the
knowledge of witness that the Ameri
can Book Company had been charged
with corruption elsewhere, and that
the action OF the superintendent OF
PuDlic Instruction of Virginia had
been called in question as 10 the le,
ting of book contracts, and putting
the two things together he Thought
that lt was matter that should be
open to investigation. His comparison
OF the book contracts in various States
leada him to believe that the Virginia
contract is not to the best interests oi
Virginia.
MIR. Neely cross examined the wit
ness. He took paragraph after para
graph of the alleged lbelous article
and questioned MIR. Small. Judge
Neely examined him particularly as
to such expressions as John Esuu
Massey, and asked why be called Mr..
Massey Esau. Mr.. Small said "be
cause he saw more than did," and
the audience laughed. Mr.. Wise said
because Esnu sold his birthright for
rless OF po!tage."
MIR. SMALL AND MALICE,
MIR. Small stated that, at or before
the time the article was published, lie
dId not have any specIal malice against
MIR. Massey, but since this suit had
been brought aud Mr.. Massey had
charged him with malice, etc, he
would admit that lie had an antagonis,
tic vein In HIM about a thousand feet
thick; that this vein was antagonistic
and not vein OF Ill will. Mr., Small
drew the distinction between i'll will
and nntagonism. and stated that he did
not have the Ill will against the plain
TIN that would prompt him to do MIR.
MIR. Massey any harm, either in his
person or estate; but that he did have
II perfect contempt for him as a man.
and did not think from what he knew
aud had learned about the plaintf1 that
the latter was the kind of man to go
about with halo thrown around HIM.
holding high Office, paragon with q
pair Of gilt wings.
MIR. Nicely asked Mr.. Small if he had
retracted in his newspaper the things
he tSmalD has published, and which he
has since learned were not true. MIR.
Small admitted that he had not.
"a reply to Judge Heath witness
said: Most Of the matter contained in
tho articles upon which Mr.. Nicely has