The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-07-28
VERDICT FOR PLAINTIFF
The Jury Gave Mr., Massey Slight
Damages.
An Agreement Was Reached Yester-
day About O'Clobk. Mr.. Massey
Feels That He Is indicated.
No Appeal viii Be Taken.
New Trial Ovcrruled.


diet yesterday afternoon fixing the
damages at 81 500.
Although the argument had ended
and some OF thu lawyers had loft the
city tho people did not lose interest in
the issue, and yesterday morning when
the court was called to order the auii
ence was sufficiently large to ill the
court house, and n large number of
,onding members of the bar were pres
ept.
Mr.. Massey occupied the chair which
has been his Tor tho past five weeks
and amueed himself reading the city
papers.
The audience passed the time guess
ting at the verdict. some thought Mr..
Massey would get Mt least $50, 900,
other did not believe he would get 81
cents.
The jury had been in the room about
Gu hour when they asked to see the
tlbclous article. which was furnished
chem.
At u O'Clock the jury came into
court and the foreman, MIR. Vicnr,
dald that they desired instruction aud
shat they thought Ii improper to ask
the question III open court, and had
reduced their inquiries to writing.
Judge Preutis took the paper, read it
carefully, and then 1t was reuu by
Judges Neely and Heath, who were
present rs counsel. Mr. Neely sad he
would like TO confer with the Judge III
regard TO the matter, ana Judge and
'he counsel retired, aud after being
ont about half an hour returned, and
she answer were given tho jury IN
writing. lie then rend TO them the iu.
etructlon which he had given defining
- ,,Al la Il
ages.
Judge Neely asked that the Court
explain that ali uf the mental suffering
caused by the publication was "a part ot
Che actual damage, and Judge Preutis
60 stated. The Jury then returned To
Shelr room and at 2:20 o'clock came
into court and said they had agreed.
The clerk then read the verdict.
THE VERDICT.
1--WE find for the plaintiff against the
Pilot Publishing Company, Samuel
". Small and Il. L. BYRD. Sl,6UO-
Sl00 for actual damages aud 81 $50
punitive damages" At the suggestion
of Judge Heath, the jury nmcuded its
verdict TO read that the other defend
ants were not guilty, and at the
fnrther suggestion of Judge Heath the
5ury was polled and each juror i'll
answer to the QUESTION: lis this your
verdict" responded, yes"
Judge Heath, OF counsel for tho de.
sendant, made motion to set aside the
verdict, which was overruled.
Mai. Humphrics then made the point
that there was au irregulsrity in draw
was the duty OF Ma. Humphries to re
J,Ort thp pnnttnr whnD bo trer
II. and not concert IT till this time.
Mni. Humphries said that there were
awenty eight ballots in the box, of
which nineteen were blank. Mr.. War.
Ing, the clerk, explained that the Jury
was drawn properly, but that the ses
sion OF the Circuit court being held in
She Corporation Court room, the cor.
poration jnry ballots. which had been
emptled from tho box before the draw.
Aug, were thrown back after the draw
;ng.
As coon as the verdict was announced
and tho motious oyerruled court adj
sourned anu the crowd which has bueu
in and around the courthouse for the
Yast twenty five days dispersed
The case has already cost large
amount Of money, aud further expense
st IL thought to be unnecessary.
III WAS reported last night that ten of
ahe jurors were for high damages, one
dor l cent and the other for the defen-
Gsnt.
Tho counsel for MIR. Massey appear
60 be satisfied. Mr. Mnssey's friends
say that he bns been vindicnted and
ahat so far as that matter goes 81 600 Ia
As good AZ 800, 600, as he could not
make cent OF the money.
Some OF the jurors were sseen after
court adjourned and mono of them
would talk. For some days it has been
generally conceded that Mir. Massey
would get II verdict, IN other words
that he had been liueled ia the opinion
OF the jury.
Mr.. a. 4. Thorn. OF counsel for the
iialntlit. left the city Friiay evening
for Accomnc county to attend court
there. case III which he vas interest
cd having been held over to await his
presence.
Capt. John S. Wise, of counsel for
the defeuse. left tho city yesterday
morning for Old Point, en- route to
Ais home in New York.
1t is understood that tho Pilot will
not take Ell appeal.
MIR. Massey left for his homo this
morning. He thioks he should have
larger dainnger, but feels that his
vindicntion OF tie charges is perfect
aRd complete.