Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-06-30
several questions. and apparently was
sausned With the answers.

several questions. and apparently was
sausned with the answers.
LETTER-Bo MUTILATED.
Mr.. Gibbs. who had returned With che
books. was again put on the stand, and
Mr.. Thorn began the interroaa:o cries. Only
q Few questions were asked when the
leuer-copyinEbo book Of the Pilot VAS re-
ferred 10. From II four leaves, which
should have contained letters from the
I'D to 18th OF December. 1894. rad been
torn out.
MIR. Thorn asked witness II ne knew
how these leaves were torn out. Mr.. GIBBS
answered that he did not. A xAort. sharp
dialogue between these two gentiemen fol-
lowd an intimation by Mr.. 0iobs that
he did not know whether or not NJ Thorn
had torn out the leaves after the book
had come into his possession under the
subpoena duccs tccum.
The Court caltsd the gentlemen TO order
In very firm tones. AIR. Thorn partially
apoioklzed, and In 30 doing disolaimed
any intention OF being discourteous. and
said no deserved a gold medal for
the quiet and peaceable manner in which
he had conducted the case. and the cour-
tesy he had extended to counsel and Ia
witnesses.
After answering questions by Mr..
Small tending TO show how the paper
(PiioO had been organized and conducted
Mr.. Gibbs was excused.
BYRD ON THE STAND.
Mr.. r. f. Byrd was the next witness
called
BY Mr.. Thorn: Are you the author OF
the article In the Pilot Of December I'd,
on which this suit 10 based2
am.
d.. D.
statements therein contained to be true?
Do you now believe them trueg
DO.
After one or two immateriai questions
from Mr.. Small. witness was excused.
Mr.. S. o. Collins and Mr.. John l..
Roper. who were sued as directors. were
then put on the stand in the order named.
but their testimony showed that they had
no connection with the article or the
paper, and they were excused.
Major ID. Humphries, Frank busch,
S. n. Brickhouse. c. w. Ksllinger. Ira
Is. White. sued as directors, were also put
upon the stand in the order named.
Major Humphreys and Mr.. Brickhouse
testified that they had received oome in
timation. or, rather, information. from
Mr.. Small that the article would be pub
lished. Messrs. Kellinger and White
knew nothing Of the article. Mr. ]. w.
Brown. Of the directors. testified in SUBJ
stance that he knew nothing OF the ar
ticlc.
The plaintiffs attorneys here stated
that, as 20 several OF the directors, no
verdict would be asked
Mr.. ZACHARY.
Mr.. II. Y. Zachary. another Of the Pilot
directors, was called as the next witness.
He affirmed" instead OF being sworn,
and then took the stand. He testified that
Mr.. Small read part Of the article TO him
Zachary before Its publication that Mr..
Small told him that 1t contained nothing
lbellous, and that he (SmaH was very
careful in trying to keep out any part
Of IL that might be libelious. Mr.. Small.
he said withdrew his resignation Offered
just after the publication of the article)
at the request Of the Board OF Directors.
lie did not recollect that the article Of
December the 23d was under discussion
at the time of the resignation.
Mr.. Small here questioned witness to
verify him as TO the care he (SmalD took
in trying TO keep out libellous matter.
and 20 verify the claim that he (SmalD
In the publication was not In pursuit OF
Mr.. Massey. except To put him on an ex-
PLANTATION.
Witness verified Mr.. Small on these
statements. He said ne took no part in
preparing the article. and could not have
individually stopped Mr.. Small from pub
fishing 1t. He testified that there was not
only no indemnifying bond from CHM &
Co. 10 the Pilot as to the publication Of
said article, but there was not any con-
tract nor anything OF the sort between
CHM e. Co. and the Pilot.
Mr.. j. S. McGilvray, secretary of the
State Board of Education, was then put
on the stand. lie was asked by Mr..
Wise TO turn TO the m utes OF the board
OF 1856. While Mr.. Mffilvary was hunt
ing over his books, .,r. Wise created a
laugh by saying. "ThIt was when i was
Governor, and F'itz. Lee was signing for
me; when he was signing for me. and I
was signing for the Office"
Mr. McGilvray produced the minutes Of
various meetings of the Board of Educa-
ton for the adoption Of books, but moth
ing OF interest was learned from the wit
ness who was still on the stand when
court adjourned.