The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-06-29

they used the evidence secured through
courtesy.
MIR. Thorn insisted that it was legal
question.
Cnpt. Wise said: "You gentle man,
don't want to play sharp practice on
u.s."
Mr.. Thorn said to Capt. Wise that he
had already bordered on u treatment
of tho matter that would not be toler.
nted by the plaintiffs counsel. and
that he CWise) would have TO address
himself to the legal phose Of the mat.
ter.
MIR. Nicely said he could not see that
the plaiuti;f's counsel could be said to
have had the letters ''for inspection"
as distinguished from "for uso;" that
his side hud riGnt to see thom; that
II the Pilot had consulted counsel they
would have been advised to bring in
only tho papers called for by the nili
davlt, and TINT no matter how care.
lossIy tho Pilot acted III sending the
letters III question, they were sent, and
the plaintiff has right to use them;
that the plaintiff did not come by them
clnndestiuely; that they are the yolun-
tary Offering of tho defense, carclessly
1t ulny he, and the plaintiff has right
10 use them.
called for by the plaintiff, IN general
way, aud the batch was sent by the dc.
fcnsn, tho udmissi5ility of which as
evidence WAS 10 be passed. upon, ia the
defense understood, by tho Court; that
If any papers had been left out. 1t
might have been snid that the defense
had not responded to tho subpoena;
thnt the papers were sent and placed
In tho hands of tho Court; that the de-
Tense didn't give the plaintiff tho right
To root among those papers and take
whnt they plcnsod, but wero only nj
lowed to Inspect the papers aud see
which :hey would try to Introduce.
THE LETTERS PRIVILEGED.
Judge Prentis decided that the let.
tiers were privileged communications
from client TO counsel and could not he
| introduced as evidence. Exceptions
were noted by MIR. Wake.
MIR. Gibbs said, i'll reply to the
authorship OF the libelous article, that
ho did not know who was the author:
that no was told 10y MIR. Small thnt he
had MI article in preparation in refer
| ence To the American Book Company.
lie said he replied that he thought 1t
would be good thing, as he had no
confidence III that company; snid he
had never read the article since publ
| cation; might have read part OF it
before publications; did not remember,
In reply to II question, said he did
not know, but Mr.. Byrd prepared the
article, but for himself he believed he
did. lie did not know that MIR. Byrd
was tue agent of CHM ~ Co., III fact
did not know there was such firm in
tue world TIL this matter came up. he
| however, for himself, believed that
| Byrd was their agent. Mr. Gibbs anid
after SUIT was entered that no visited
tho various book publishers mud asked
| them To bear part of the expenses OF
the suit. lle thought they would be
the Deucticiaries aud should pay some
of the money. He called on CHM ~
Co., and they refused to pay anything
aud snld that Byrd was not thor agent.
III he was not mistaken, Byrd snId
the same. but he thought otherwise.
lie did not consider Tint CHM n Co.
were responsible, but thought that all
OF the book men who were fighting the
American Book Company should assist
tho Pilot by contribution. Snid he
had never had any communication
with CHM Il Co. F.; that he visited them
III person; that he was after the dollar
anu went alter il.
In reply to Mr.. Thorn, said: | did
not Claim that CHM ~ Co. were re
sponslb!e, but | claimed that they
should help us to fight this suit and
they refused.
The company called on MIR. Byrd to
furnish the facts. l always believed
he wrote the article.
THE AUTHOR OF THE ARTICLE.
Had an Interview with Mr.. Byrd and
TINT MIR. Byrd did not deny that lie
was the nnthor of the article.
Mr.. Thorn asked if Mr.. Byrd did
not say lie had arranged tho fees for
Judge Heath and Mr.. WISE Objection
WAS raised on the ground that MIR.
Byrd was counsel. Then following
questions TO assetain when MIR. Byrd |
was engaged as counsel and Mr. Gibbs
SAID from the jump.
"Now, said Mir. Thorn, "di6 or did |
not the directors say that they would |
have to look ont for themselves rs IN.
dIviduais ii Ginn& Co. would not de
iend the slut"
MIR. Gibbs admitted that this was so.
la speaking Of the article in question
MIR. Small only mentioned MIR. Mas.
sey's maine Incidentally.
MIR. Gibbs said no did not read the
Pilot except the advertisements: did
not read any Of the articles attacking
MIR. Massey. He believed that the
book article would produce a sensation.
MIR. Nelly asked If he had not SAID