Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-04
The Appomattoy Senator in the Massey,
Pilot Libel Suit.
PROBING MINATI0N.
Ills Connection With Mr.. Byrd and
CHM & Co.
COUNSEL FOR THE LATTER.
Several spicy Wrnngies Between
Counscl-Thc Question OF bribery
Masscy's Letter In the Dispatch.

NOkr Ol4k, A, jury "'-NSPtN'''J
The most oyentful day in the Massey
= Pilot suit, so far as the defences side
of the case is concerned, is believed to
have passed To-day was characterized
by legal fitting and spirited testimony.
Mr. II. +. Byrd. of Winchester, the au-
thor Of the alleged libellous article, which
Is the basis Of the suit, went upon the
stand and was examined at great
length. lila told Of his transactions with
The Board Of Education as the repre-
sentative OF the book publishing firm of
CHM Il Co.. and OF his subsequent in
yestigation Of the adoption by the board
81 books in 1890 and 1S9E He said he
called MIR. Masseys attention in the lat
ter part OF the last-named year TO the
talk and impressions concerning these
awards. and to the belief that there was
something wrong IN connection with
them. and added that Mr. Massey eX-
pressed no surprise. and only stated that
he had q clear conscience in the matter.
Another interesting witness whose evil
acncc was regarded by Mr. Massey's side
rs rather beneficial TO the plaintiff was
State Senator Harry ID. Flood, of Apo
mattox. Mr.. Flood. In his direct examina-
ton, stated that Mr.. Massey's general
reputation for honesty and truthfulness
was very bad, but upon being cross
examined. admitted that he was at one
tine counsel for Mcssrs. CHM q Co.. ana
that ne was a brother-in-law Of Mr.. r.. T.
Byrds.
The trial Is yet TO last much longer
The defence Uhe Pilots side cannot
possibly finish with their witnesses before
late Friday afternoon. Then it viii take
a week for plaintiffs rebutial evidence
and the argument to be gotten throug1
with.
SMALL WAS TARDY.
All Of counsel in the case save Rev.
Sam Small were on hand early this morn
ing The venerable plaintiff was in th-
courtroom long before the time for III.
tribunal to convene. The room was
thronged with spectators. as it was ex
pected that the day would b. probably
The most evcntful in the history Of this
celebrated trial. In the court from Rich
mond were Secretary MCGilvray, Hon.
Joseph T. I.aw.ess, Colonel Tazewell Ill
lett Mr. John Rutherford. Rev. Or.
Dickinson. and others. After the court
had been opened Judge Prentiss announced
that he was prepared TO give his opinion
as 10 the introduction by the plaintiff of
several copies of the Pilot Of dates in
December and January last. In its issue
of December 9th the Pilot contained an
editorial on the Richmond State, headed
Il OWL Bred journalism The copy or
this issue was not permitted to be intro
ducad. None of these publications, how
ever. stated Judge PTentiss, could be con-
sidered further than 10 show malice.
They could not be allowed In any way TO
enhance the damages against the defend
ants.
Ex-Judce Heath then resumed the read
ing of the Alabama dispositions, starting
with that of i. VI. Jones, tax assessor
for Monroe county. which cOrrobOrated
the testimony read Tuesday evening. III
this deposition the deponent stated that
in 1890. 1891. 1892. and 1898 Miss NJ. r.
McCreary now Mrs Massey was assess
ed on property I'm Monroe county valued
at 81 800 while IN 1894 she was assessed
on $3.50 worth of property. Her fathers
estate was assessed as follows: 1890, $l,7Oo,
1891. $780, 1882, $500; 1899, $500; 1891,
5000
SENATOR FLOOD AS 4 WITNESS.
State-Ssna.or II. ID. Flood. of Appomat-
To- county. was called and sworn tie
was first examined 10y Mr.. Wise. who ask
ed him how long he had known John +.
Massey.
For many years. Had known him by
reputation all his 0Flood 81 life witness
said
What was your occupation during the
years 1Ss9- 90?' queried Mr.. Wise OF the
witness
Il was member OF the House OF
n,leevatae of Virginia"
"Do YOU remember when Mr.. Massey
was Lieutenant Governor of virginia.
asked Mr. Wisc.
"Yes, sir"
what is the salary OF the Lieutenant
Governor
Il do not know that can tell you
that. | think II IS $40 for the regular
sessions and $40 FOR the extras answer
ed NJ Flood.
"Mr. Flood do you remember Mr.. Mas
sey's candidacy for the Office OF Supetin-
tendcnt Of Public instruction during the
session OF the Legislature Of lsS9-'%~
asked Mr. Wise.
Eyes. sir"
"Do You know who conducted his can
yass for this place.
Andrew !. Parish. of Albemarle. l
was not Massey man; but it was gene
raliv understood that Mr.. Parish was
very active for Mr.. Massey"
DO YOU remember the grounds upon
which Mr.. Masseys election TO this Of
ice was urged?" asked Mr.. Wise.
II object to that question" interposed
Mr. Thorn Mr.. Thom stated his grounds
of objection. as being that MIR. Massey
could not be bound by any arguments
used by his friends in his behalf.
Mr. Wise stated that the defence pro-
pos>d to show that the very reason why
Mr. Masscy's election was then urged
was because, as his friends said, he had
reached the condition OF a pauper, hav-
INK spen, all his money in the interest
OF the Democratic party. The de-
fence wished 20 establish this. and then
bring 10 the attention OF the court that
early in 1880 Mr.. Massey deposited 5000
I'm the Planters National Bank Of Rich
mond.
A DESTRUCTIVE PRINCIPLE.
Mr.. Thorn. in reply TO what Mr.. Wise
Yaid. declared that such principle in
jurisprudence was destructive He averred
that what MIR. Parish may have
said as lobbyist at the Exchange Hotel
in advocacy Of Mr.. Masscy's candidacy
for the office OF Superintendent of Pub
lie Instruction could not be binding upon
Mr. Massey as counsel for the defence
seemed TO think. Mr.. Thorn spoke at
some length upon the difference between
the transaction of direct agency and
the statements or efforts Of friend of
any candidate,
Mr.. Nicely also had a great deal 10 say.
He arPueG that IL was absurd 10 expect
Mr.. Massey 10 be responsible For the
statements of his friends ia his behalf
lie might have a hundred friends o,
agents at work for him for the Office
y SUPERINTENDENT of Pubic instruction,