Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-10

Inc appointment NdS ndlt. ana MT.
Byrd. who the witness had never before
known. called and asked him concern
ing the basis Of that Richmond tele-
gram. Mr.. Byrd told Small OF hts in
vestigation. and what II had revealed.
and they agreed that Mr. Byrd should
10 back 10 his home. In Winchester. and
write an article for the Pilot embracing
what'his Inquiry had shown In the school
book problem. The article came down
from Mr. Byrd, and he fSmalD read II
over carefully, pruned IT. and made some
slight changes. getting II into proper form
for publication. as the witness regarded
II. and II went into type
Proof-shsets were then taken and witness
again read the article. II was again read
In the first copy OF the paper which came
from the press on the morning Of its pub
lic3tion, and the witness could find he
said. nothing In IL which could operate an
injury to any one. Mr.. Small said that he
had heard much OF the American Book
Company's transactions In other States:
that he had learned through an inquiry
made himself in the State OF Georgia OF
some corruption on the part OF that ag-
gregstion. and that these things. coupled
with the fact that Mr.. Maseey's conduct
in the premises had been called into
question, led him to see no reason why,
with the evidence and information in
hand ne should not give to the Virginia
public the news OF these suspicious cir
cumstanccs He said he had not seen
any reason yet 10 indicate that he should
not as a newspaper man have published
the article.
Mr.. Small's statement was given in a
fun tone OF voice, and was very clear.
He did not claim TO have evidence that
would have been admitted in a court OF
80. AsI. 4
that his information was sufficiently relia-
BILE to warrant any sheet In printing IL.
AS TO MALICE.
While his cross examination was close
and rigid, IL was accepted by him in good
part Mr.. Nicely was first OF the plain
tiff's counsel TO take the reverend wit
ness in hand. and ne at once directed his
efforts to the showing of malice toward
Mr.. Massey. He took up number OF
editorial paragraphs published in the Pr
lot subsequent to the appearance Of the
Byrd article. Mr. Small absolutely dis
claimed any malice toward the plaintiff,
engendered prior to the publication OF
the alleged libellous article, on December
sd, but admitted that after the heat OF
the criticism which followed the appear
ance Of that article had fully developed.
and after he had been threatened, ne
defended himself as best he could, and
invited all parties feeling aggrieved at
the aforesaid publication TO come In and
take a hand.
Are you not now engaged in the pub
llcation of newspaper in Norfolk
asked Mr.. Nicely.
Yes, sir
Have you ever as yet made any cor
rectiOn of the publication that Mr.. and
Mrs. Massey took an expensive trip 10
Mexico in 1899, when they were not even
married?"
mo: have not. That feature of the
article does not constitute one of the
counts in this case and have not yet
editorially corrected II. ] have not
deemed II necessary to do So
on being further cross-eXamine1 by
counsel for the plaintiff the witness said
the record OF the meeting OF the Board
OF Directors, at which he rendered his
resignation. was evidently wrong. II
stated that this session was held De-
cember oath, but the witness claimed
that ne did not tender his resignation
until early in February. and that he did
IL then because he had heard that some
criticism had been passed upon him TOR
having printed the article. and that 1t lad
been said by one OF the members of the
Board OF Directors that it should not have
been allowed TO appear without his taking
an indemnifying bond. to save the Pilot
company harmless.
From whom should you have taken
that indemnifying bond?" asked counsel
From Mr. Byrd or those who were
anxious to have the article published"
DO you mean CHM e. COZ
The publishing houses involved were
the people | understand TO have been
meant"
,,Na. - cafl ~ xItea ufr,x,, C,inn o. ~,
Wen admit that to save time"
Speaking of the meeting at which he
rendered his resignation. Mr.. Small said
the directors manifested surprise at its
receipt, and after hearing his reasons,
which are given above they unanimously
endorsed what he had done and requested
him to remain I'm the position OF managing
editor.
After Mr.. Small's long examination Mr.
Wise read from the Code of Virginia the
salaries of the Superintendent Of Public
instruction and of members of the Senate
and House of Delegates OF Virginia and
the defendants here. At l:l5 i. NJ. rested
their case. with permission to Introduce
some depositlons from South Carolina as
soon as they arrived. without prejudice
however. TO the plaintiffs privilege to
rebut
FOR THE PLAINTIFF.
The spectators then twisted around.
famed and cbatted for Il few mnut s,
and Mr. l.. 5. Macon, of Charlottesville,
was called as the first witness for the
plaintiff He was questioned by Mr.. Thorn
and said that he was farmer and lived
next TO Mr. Massey. He had known Mr.
Massey for about thirty years. He was
well acquainted with the people of Abe
marie. and knew a good deal about Mr.
Massey's Ash Lawn farm. IL was a very
good highland farm. Witness regarded
Mr.. Massey as having been successful and
as having made very good profits from his
farm
30 you know Mr. Massey's general
reputation in the community in which he
resides for honesty and integrity
II do, sir" answered the witness.
What Is it,
Good, sir
rs there any doubt sir?" questioned
Mr. Thorn further.
None in the world
The witness was then taken In hand
by Mr. Wise. after Mr. Nicely had asked
few questions.
Mr.. Wise Intercepted him as TO the
profits from highland and lowland farm
ing. the object being 10 show that Mir.
Massey cOulu not nave Hldue nnucn money
from his farming operations.
How many years have you known
me. MIR. Macon?" asked Mr.. Wise.
II don't know. sir. About thirty years.
when did you leave the Sheriff's office
and go TO farming
In 1870
Have you made any large amounts
of money since you have been farming?'
20 no, sir but | have managed 10 make
a little. | have been buying some land