The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-02-05
THE DECLARATION FILED
Mr.. Massey's Complaints Cover
Eighty-seven Pages.
THERE ARE FIVE GRIEVANCES
Reviews the Charges at Length.
Denies Absolutely. Says He is
Seriously Damaged in Eyes
of Public, Therefore
Brings Suit.

luacoClp OouuSCI,
Messrs. Tunstall ~ Thorn, Nicely,
Seldner II Warrington aud Wake d
Old, yesterday morning filed his
declaration i'll the 500, 900 libel suit
against the Pilot Publishing Com.
pany and Mr.. r. f.. Byrd, of Win
chester. The charges made by the
Pilot are well known to the readers
Of the papers. The declaration con
tains five grievances and covers eieh-
tyseven cap pages of type written
matter. The following synopsis will
be read with interest:
THE BILL or COMPLAINT.
"That the plaintiff before and at
the time of the committing of the
grievances by the defendants was
and had been for long time, and
still Is, superintendent of Public
instruction OF Virginia, and during
his incumbency OF the Office has
performed his duties according to
law, and during all that time hath
wholly conducted himself with up
rightness. honesty and integrity and
did so conduct himself III his connec
ton wlththe contracts made with the
American Book Company. Yet tue
defendants well knowing these facts,
but contrlving and wrongfully and
maliciously intending to injure the
SAID plaintiff, and to cause it to be
believed that he
HAD ACTED DISHONESTY
In end about said contract, and to
bring HIM into public scandal, etc,
and to vex, harnss, Cypress, lmpov
erish and wholly ruin him. did pub
lish in the Sunday Pilot certain
false. scandalous and malicious de.
famatory libel, by which the de-
PENDANTS intended and did charge
that the plaintiff WAS paid money,
by way of a bride, by the American
Book Company or by J. w. Wo
mack, its agent, and that he was by
br'be influenced aud controlled III
his official action III connection with
the adoption OF school books for use
IN Virginia"
Then follows language of the
Pilot, which is complained OF by the
plaintitf-in substance rs follows:
1.-The adoption of the school books
of the trust in 1890, and the depart.
IRE OF Womack WAS followed by an
unusual wave OF
FINANCIAL PROSPERITY.
upon which the Superintendent
gleefnlly tloated. We have proved
that in January, 1890, he was abso
lutely insolveut, with judgments
amounting to thousands Of dollars
outstanding against HIM. The trust
books were adopted in the latter
part of March. In April he has DOS
session OF large sum Of money"
Then follows the alieg CATION that the
plaintiff, by the publication referred
to, has been greatly injured and
damnitied.
Then follows the statement that
the plaintiff Is good, true aud hon
est citizen Of Virginia and has al.
ways so behaved and conducted
himself and, until the committing
OF the grievances by the said de
PENDANTS,
WAS ALWAYS REPUTED,
esteemed and accepted by and
amongst all his neighbors and other
Rood and worthy citizens of Vir
gina, TO whom he was known, to be
Il person of good name, family and
reputation. 1t then says that by
the committing OF these grievances
by the said defendants the plalDtltf
hath been greatly injured with and
amongst his neighbors and other
good and worthy citizens. insomuch
that divers of these neighbors and
citizens. to whom the innocence aud
integrity OF the said plalntiif IN the
premises were unknown. kv ransom
oi the committing of the said grew
ances by the defendants, from thence
HAVE SUSPECTED
Gnd believed, and still do snspect
and believe, the said plaintiff to
nave been, and to be, person
guilty OF the oilense and misconduct
that Los been charged. and thereby
greatly Injuries the plalntih.
In giving the language OF the Pilot
shs heading, cheney by the Bum.