The times. [volume] (Richmond, Va.) 1890-1903, 1895-02-05
MASSEY'S DECLARATION.
TIE COMPLAINTS IN MS SUIT
AGAINST TIE PILOT.
The Geasons why lie Thinks Die Should
Have $4,000 magcs-Ihe LIBEL
Gus Language.


the declaration IN his suit against the
Norfolk ruot. inch action is to recover
from the Phot and It's directors SJ''VW
damages Tor alleged hDeious publications.
In tina: paper. IN regard TO Mr. Massey
connection with contracts that nave Deeh
awarded the American BOOK Company iot
furnishing pubic scnoci books IN VT
GINA. Tnc following Is a synopsis OF the
declaration:
inc declaration - a typoscript docu'
ment OF scvcnty-clght pages on ieYai cap
IL begins by stating mat John h. Massey
CONTAINS Of the mot fubiishing Com
pany. Samuel W. Small W. W.
GiDl,s. Lutncr Sheiuon, II. /. Zachary
W. B. wider. John l.. Roper -. hu.n~
phreys. :. q. Collins. &. ". kcliihScr' }.
v. BorIm. =. y. Bnckhouse, ira -
White. Frank busch. +. {. VI mite g r.
Verdicr ana Il. r.. Byrd OF plea OF tres
pass on the case.
IN. sPIClFICATIuNs.
The principal sqcci..-.---.is, briefly
stated. are: 1nat the Plaintiff before ana
al the ume OF the committing OF the
grievances by the defendants was. had
been Tor long time. and still IS. super
intendent OF Pubic instruction OF VIZ
ginia, and that during MS inCumDency or
TIE Office has performed ms duties accori.
ing TO law, ana thai during all that time
hath wholly conducted himself with up
rightncss, honesty and integrity, ana ana
so conduct himself IN nis connection with
the contracts made with the American
BOOK co Yet the defendants, well know
ing these facts, but cOntrivng ana wrong
FUZZY and mahciously intending 10 lnJure
the said plaintiff ana to cause II 10 be
believed that ne had acted dishonesty IN
and about said contract, and 20 brinG
him into public scandal. &c, ana 10 VeA
harraSs, Cypress, impoVerish am wholly
ruin him. diI puplish IN the SUNDAY fHot
"a certain false. S"andalOuS, inaiiciOus ana
defarnatory libel by winch the defendants
intended and did charge that the plainuH
was paid money. by way OF bflpe, ny
the American Book Company. or by D.
v W omack. It's agent and that he was
by bride Influenced and contIoIied IN MS
oificial action I'm connection with the adop
ton of school books for use in Virginia.
Then follows language of the PHot'
which is complained Of by the plaihtlH, III
substance as follows: The adoption 81
the school books OF the trust IN lS" ana
me departure of WOmack was lollo"ed
10y an unusual wave OF tr"rclai pros
pofify. upon which the superintendent
gleefully noated. We have proved that N
January, $780, he was absolutely insol-
vent, with judgments an CCnt'hg 10
thousands Of dollars out3;andif against
him. The trust books we're adopted IN
the latter part Of March. In April ne hau
possession OF large sum OF money
Then follows he allegation that me
penriff by the publication referred TO-
has been greatly injured and DAMNED
CIR ALLY INJURfD.
Then fellows the statement that where
as the plaintiff is a good. true and honest
citizen of Virginia. and has always be
haved and conducted himself, and, until
the committing Of the grievances by the
said dc feLdants. was always rcputed, IS
teemed and accepted by and amongst all
his neighbors and other good and worthy
citizens of Virginia 10 whom ne was
known. To be a person OF good name,
family and reputation. II then says mat
hy the committing OF these grievances by
the said defendants the plainuh hdth
been greatly injured with AID among ms
neighbors and other good ana worthy
citizens, insomuch that divers OF these
neehbors and citizens to whom the IN
nocence and irtegrity Of the said plainliH
in the premises were unknown, by reason
of the committing of the said grievances
by the defendants. from thence hitherto
have suspected and believed. and sun DO
suspect and believe the said pldintiu 10
have been and to be a person guilty OF
the offence ana misconduct taat has been
charged, and thereby greatly INJURIES o."
plaintiff
In giving the Language OF the plot. the
heading. Money by The Bundle, Is
frequently quoted IN the declaration.
The plainun then alleges that he de-
fraycd all his own expenses on IN" mp,
in 1891. 10 Toronto, Canada. Whcre ne
attended an educational convention, ana
that neither Womack nor Edwards, with
whom he went TO Canada. nor the Amer
lean Book Company gave or provided any
DecunidV assistance whatever with re-
gard TO that uip. Vet. says the plaintiff,
the defendants, well knowing the prem
iscs, but malciously intending to lnJure
him and TO cause IL TO be believed that
his expenses o. saiu trip were pald py
Womack. Edwards or the American Book
Company, in return for the corrupt issue
hv the plaintin of the Spencerian-Graphlc
"Copy-boOk" circular. d,d make false ana
malicious publication in the sald SUNDAY
Pilot about said trip and said circular
In quoting the I.lots alleged ibellous
language. the following Is given: HIS
(meaning the plaintiffs return for the
junket was the following circular. ISSUED
soon after his return home meahlnS
from said trip.
ANOTHER GRIEVANCE.
The next grievance alleged is the pub
LEGATION by the Pilot OF the following (the
parentheses being the piainuff s.: This
daughter OF the horseieech (meanin8 the
American Book Company was crying,
give! Give and Massey swayed by occult
and sinister influences (meaninG that ne
was Corrdptly controlled was ~ Voca-
tive and datiVe mood meannS that ne
NaS calling on the book company Tor cor
rupt consideration, lie moved to strike
Lippincotts BOOKS (medIing the books not
oWrcd and controlled hY che American
Book Company OF (meaning that said ac-
ton OF the plaintn was corrupuy caused
by said occult and sinister influence
The next count is the publication by the
Pilot OF the following Uhc parcnthesis
being the plainuu ~: I'VE viii now show
that In 1891. as in 1899. Immediately after
the trust contracts were signed. Massey
the bankrupt came again into possession
al a large sum OF money meaning that
ne was brbed.
The next ana last count says that the
Eliot. after alleging a purchase ny the
plalptin OF a certain piece Of real estate
on Park street, Charlottesville and the
payment therefor OF $3.50 cash, published
the following false. scandalous. mali
Cious, defamatoTy and hbeilous matter:
'NNhere did you get IL (meaning the >o.lJO).
Mr.. Massey? Verify, every fourth year Of
lassey's superntendency has proven the
ear of the latest kind
The declaration concludes with the fol-
lowing words: ITO the damage OF the said
plaintiff $4,000 and therefore he brings
his suit"
II is signed by John Nicely, Richard
Wake and Alfred =. Thom, p. q