The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-07-25
THE MASSEY P|LOT-SU|T
t Concluded from trst page.

itors, and three said 1t was,
There never was the slightest insinua.
lion that there was any fraud In the
transaction. There WAS not the slightest
doubt that AIR. Massey paid the money.
There stands the record and 1t Is
perfectly plain.
The plaintiff has been met 10y shit
ing defenses.
Judge Heath had delivered a eulogy
on the liberty of the press mud said
things which the Court had said he
could NOT cay. Judge Heath denied
this assertion. Then, said Judge
Nicely, the court has been engaged IN
work of snpererogalion in bringing
YOU back to the limits OF Legitimate
argument.
Judge Heath had selected as sub
ject OF eulogy DeLea.
/ did not, snid Judge Heath.
No. said MIR. Nicely. you did not call
his name, but Sou made 1t SO plain
that nobody could mistake.
THE LIBERTY OF PRESS.
He said that MIR. Small bad desired
, the court to Instruct that an editor
could do no wrong while speaking OF
public official. Tho court had defined
the difference between tho liberty of
the press and the license o! the press.
What right has number of men to
form themselves into corporation and
do in corporate capacity things that
they could not do III individual cnpn
city? There hove been some severe
tilts between MIR. Small and MIR. Mas
Gey. Counsel for defense objected.
Then. said Judge Nicely, we will say
there was nothing but hrutherly love
between MIR. Massey and Mr.. Small.
but when we read the editorials 81 the
Pilot,iu which VIC find John Entrapped
Massey, etc, we find evidence OF ull
the malice we desire to find.
Judge Nicely next spoke OF Mr.. Byrd
and said he hal poetic faculty aud
Imagination far above any man con
nected with tho case, such an magma
ton tina. IL is hard to determine where
the imagination began.
MIR. Byrd has said he has only broth
erly love and charity for MIR. Massey,
yet we find that he has boon ransuck
ing this State to get evidence to crust
this old man. And for what? Tina,
Tsrbeli's Language Lessons might be
adopted.
Would he have done it il the DO ok
hed been adopted9
No.
Who says so?
mir. Byrd.
He told you in reply to my question
thut he would not have gone into the
investigation if the book had been
adopted. Now ii would have been
very easy thing Mr.. Massey to hive
placated Mr.. Byrd by putting the
books on the list. Mr.. Byrd said so.
tie said be would have dropped the in.
vestIgation.
Judge Nicely said Mr.. Massey will
carry the marks of this trial TO the
grave. All of this could have been
avoided by throwing a pitiful litti,
bone to CHM * Co.. and then Mr..
BYRD would have been ready TO stop
barking as soon ns he got 1t betweeu
MS Jaws guilty man would have
done II, but Mr.. Massey did not do 1t.
He spurned the efforts of MIR. Byrd to
Dnlidoze him into doing it, because ex
ercising proper discretion lie did not
think 1t WAS book proper to be put
upon the list.
Judge Nicely next mentioned the
ehings that Mir. Byrd said he knew
aud did not know. lie said he would
not attempt TO tell the jury the things
shat mir. Byrd did not know, hecausr
II would wind up with general funeral.
Mr.. Nicely went into IN enumeration
OF the things that Mr.. Byrd bad seen.
and knew and said; all OF Mr.. Byrd'f
deductions had vanished into thin mir
10 the face OF investigation. He cited
the thinge MIR. Byrd claimed to know
Star cham ber'
webster Dictionary excluded"
"The iniquitous contract
THAT the copies we're withheld b,
Massey"
There were. said Mr. Nicely eighteen
specifications and lie knew fifteen OF
them when he had the interview with
Mr. Massey at Ash Lawn, and If he
mad known all OF them, nobody knows
what would have happened?
All OF this would bave boen avoided
II Iarbell's Language Lessons had beer
put on the list. Then everything woul6
have been lovely and the goose woulj
have been high.
Old man, addressing Mr.. Massey.
when yon retire tonight ask for for
Rlyeness for not putting Tarbell's Ian.
guage Lessons on theklIst."
GIVING his attention to the libel Mr.
Nicely said they have lIbelod the .old
man. and when VIC sue for damages
they say MIR. Massey has no charncier
to damage.
am surprised to hear Judge Heath
get up here and say this "od man
has no icharacler which ANYBODY is
bound TO respect.
!here was considerable fun at this
point In the discussion between judge
Nicely and MIR. Wise, during ~hich the