The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-07-27


school again. Mr.. Thom replied that
he had better go then; that it would
have been better if he had gone bnck
there before he came before this Jury
aud made the argument that he made
yesterday Laughter.
ONE COUNSEL THE OTHER WITNESS.
Referring 10 the testimony of Mr.. 4.
ID. Payne to the effect that b hnu told
an uuiruth, and Which Capt. Wise had
criticised us II lie. MIR. Thorn coutcn.
ded that the latter had no right to call
1t lie.
Capt. Wise replied: "Call it q fb,
tnen."
MIR. Tbom-No, sir; nor lib, either.
Snch statements were often made with
no Intention Of lying.
Capt. Wise replied thnt the witness
hiuse.f had said it was an untruth.
Yes, sir; and you admit that that
statement of yours about the affidavit
was untrue, but nobody charges you
with deliberate lying.
Capt. Wise very earnestly protested
that 1t was not parallel case.
The difference is, seId MIR. Thom, he
was witness and you COUNSEL Gen
tlemcn of the jury, said Alr. Thom, |
desire to call your attention to other
lnaccurances of these gentlemen. You
will remember that MIR. Massey, upon
his first questioning about this account
book, said that he did not claim that
the book was absolutely correct, that
he was not sure that everything had
been put down that should have been
put down, but was certain TINT nothing
had been put down thst should not
have been put down.
This was denied by Mr.. Wise, who
said MIR. Massey made the statsment
on cross-examinntion, mo, sir; no
slr! He made 1t III direct eIamina-
ton, and MIR. Thorn read from the re
port to substantlate and did substauti.
ate his position. He then said that the
figures presented by A1r. Wise were
misleading and unfair, aud said that
the amount Of Mr.. Massey's expense to
Canada mud Massachusetts ms given In
at SO WAS correct; that as he went TO
Massachusetts to attend to All estate as
personal Representative, 1t was reason-
able to suppose that he did not have
to pay his own expenses, but that the
estate paid the bill.
He declared that MIR. Wise's figures
were absolutely unreliable and oalcu-
lated TO confuse the jury. Said in the
short time allowed him he had made
tGbulated abatement of MIR. Massoys
accounts aud found an entirely diner.
ent state OF affairs from that presented
by Capt. Wise. He said the array Of
figures presented by Capt. Wise dis.
proved the statement that the account
was made up for tho occasion. He
cited o number of farm products left
out of MIR. Massey's account such as
wheat, corn, oats and wool, which
would have increased the amount Of his
annual income, and held that if AIR.
Massey had been making up an ac-
count he would have never left out
these things.
EGGS AS CURRENCY.
Mr. Ihom cited the difference be-
tween the cost OF living III the country
and that OF living in the city and stated
that there vas no more hospitnbls spot
on earth than his old homo in North.
ampton county, Va. that his family in
days gone by had entertained what
WAS considered III that sectIon as Law.
lishly aud yet he had known on more
than one occasion that their guests had
been seated to their table on which
not one dime had been spent except
for the tea, collie, pepper aud salt,
everything else coming from the farm
and the garden, He knew of q mer.
chant III TINT county whose only me-
dlnm of exchange WAS eggs, who
bought his goods and exchanged them
for eggs and sold the eggs in other
markets,
lie remembered when on leaving his
home IN his young days for school how
ho WIS impressed with what he thought
was very fine suit of clothes, that it
cost SO, and how on reaching Balti.
more bis eyes were opened at the com
psrison between his suit and those
worn by the city boys.
lie said 1t WAS not improbable that
mir. Massey's family expenses were
small,
lie said the question before the jury
WAS not whether these figures ore right
or not. but simply did the plaintiff
have the money he claimed he had.
MIR. Ihom read the total Investments
and disbursements of each year rs
counsel hsd gathered the figures from
MI Massey's testimony, reversing MIR.
Wiae's results. Capt. Wise frequently
lnterruptlDg him TO corrects what the
latter claimed were Inaccuracies, aud
several times was told by the Court that
he had hadihis say. Once, when called
TO order hy the Court, MIR. Thorn said
this thing Is sticking him and he emit
Keep still. Referring to the matter OF
the plaintiffs farm, MIR. Thorn again
called attention TO the testimony OF the
reliable witnesses us To the value OF the
estate and asked the Jury II 1t would be
unreasonable for him to draw the de