Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-23
The Instructions Read.

INSTRUCTION no. /.

INSTRUCTION NO /.
II the jury believe from the evidence
that the plaintiff was the Superintend-
ent of Public instruction Of the State Of
Virginia on the 18th OF March, 1890 and
has been such since then until the pres
ent time. and as such Superintendent
Of Public Instruction Of the state of Viz
glnia has been during his whole in
cumbency of Office = member Of the
Board Of Education Of the state Of Viz
ginla. and that said Board ~ Education
on the 26th Of March, 1872 or within a
few months thereafter, adopted certain
books for use In the public free schools
Of this state for the period Of four years
from August /. 1880. which. in pursuance
Of a contract Afterwards made with the
American BOOK Company. were 10 be fur
nished by said company; and that the
said Board Of Education afterwards-to
wit, on or about the 18th day Of March,
1894, adopted certain books for use IN the
public free schools OF the stat for tho
next ensuing period Of four years, which,
In pursuance OF a contract Afterwards
made with the American Book Company.
we're TO bc furnished by said company,
and that the defendants. or any Of them,
composed and published. or caused u De
composed or published, or published or
caused 10 be published Of and concern
INK Aif llulNNllt A'i Ills Nilt'' VI t'ti''Af'4T
tendent Of Public Instruction Of the state
of Virginia, i'm a newspaper called the
Sunday Pilot Of December -. 1893. q
certain article, containing. among other
things. the following items. meaning I'm
substance and effect. as hereinafter stated
OF the end OF each item-to wit
Item No. 1-"M0ncy by the Bundle
The adoption Of the school-books Of
the trust on March %. 1870.
4. trHu.. faF lr f.fa'r
for the State Of Washington was
followed by an unusual wave Of fnan-
cial prosperity upon which the SUI
perlntondent gleefully hoated We
have proved that in January, 1880
he was absolutely. utterly. and hope
lcesly insOlvent, with judgments
amounting 10 thousands OF dollars
outstanding against him. The trust
books were adopted IN the latter part
Of March. In April he has possession
o[,a large sum Of money.
"A If the Jury believe that the said
Item seems 90 charge that the plaintiff IN
April. 1880. came into session Of d
large sum Of money paid to him by the
American Book Company. or by Nomnck,
as is3 agent and representative, by way
of bride to influence his Official action In
the adoption u scho0l-bOoks on Mar'h
q. 1880. or within q few months there
after. for use In tie public free schools VI
Virginia.
Item 40. 2.-"But, unfortunately for the
publishers OF the Graphcs, IN the sum-
NOR of 1921 Massey again came within
the zone of WOmack's influence. As
before stated. he was found travelling
during that summer In Canada with
W0maCk aud l., L. Edwards, the IN
dicted agents OF The trust Nls return
for the fInket Was The following cTcH-
lar. ISSUED soon after his return nome.
And IL the jury believe mat me said
item neanS TO charge that the American
Book Company. through It's agents, W0-
mack and Edwards or one OF Them hdd
p1il he eXpcns 3 Of me palnNN on me
saii trip 10 CaDada, ana had thereby
brOcd and corrupUy iuNuenced the oiN-
ciaI action Of the said plainun in issulns
the circular ycfcrrod 20.
Item 80. 3-"This daughter Of the horse
lcech Was crying give give and Massey,
sNayed by occult and sinister influence
was in vocat'Ve ana dauNe mood.
lie moved to strike Lippincotts books
off,"
And II the iury believe that the said
item means 10 charge that the Ilainun
in his official capacity moved to strike
Ifppincott's books of the list of books
for use in IL. public free schools % Nr-
ginia. and that such action Of the plain
TN was corruptly caused by occult ana
sinister influence.
Item No. i've will now show that in
lss4. as In 1880, Immediately after the
trust contracts were signed, Massey, the
bankrupt. came again into the posses
sion OF large sum II money.
And II the jury believe that the said
item means 10 charge that the plain
tin came into possession Of large sum
og money in 1881 tas charged was the
case In 1890 Immediately after the con
tract with the American Book Company
was signed. and that the plaintiff had
been bribed in his official capacity IN
respect q said contract by the American
Book Company.
Item No 5.-"Where did YOU get 1t. Mr.
Massey? Verify. every fourth year OF
Masseys supplementary has proved the
year OF the fatted kline
And If the Jury believe that the said item
means by the words where did You get
it2" where did you get the sum OF 9'lD
referred to In the said article just before
those words. as the price OF "a certain
house and lot In Charlottesville ana
means thereby 10 charge that the
plaintiff obtained the said sum OF money
from the American Book Company as
corrupt consideration 10 influence his OIL
cial action IN its behalf, ana means 10
charge bv the words, Verify every fourth
wear of Massey's SUPPLEMENTARY has
nroven the year of the fatted kline that
everv fourth year Of Massey's supeiln-
tendency ne has experienced great man
ciel rrosneritv from the corrupt receipt
Ia, him of money from the American
pook Comnany: and in determining
u,nctber tho said items convey the mean
ir,. and charges against the plalnuh mere
,rhefore set out. and are llbellous' the
Court instructs the jury that II IS not
necessary 10 make a writing hoeiouS
tha+ Tho innputations should be MADE III
tbe form OF positive assertion, but th"'
I, NAV be equally so II they are express
"a i'm the form Of nslnuation or inter-
roeation. provided the meaning IS pain
and the Jury will consider whai - INV
reol meaning Of the said items from
their context and connection III the az
Gle in question. as they Woulu pt 49,
yali,, understood by readers OF ordinary
and roasonable undertaking in reading
he said article; and If the jury believe
rom The evidence that the SAID items;
az any of them. convey the meaning ana
charges against the plantln hereihpe-
fore set out, then the same are libelious'
and are not privileged communications.
,nd do not come within the limits 81
snch criticism 20 which Dubllc onlcti
ora his acts may be properly subjected,
whether by newspaper or otherwise anu
n the tury believe from the evidence that
the said charges against the Wa'h'iH' o'
any OF them, are untrue tand in coHsi"-
ering whether they are true or untrue
the burden Of proof IL on the deiehdah's
"a show that they are truel. tnen tne
Court instructs the jury that the plalnun
a. entitled 70 recover damages against
a