The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-06-30
MR.. BYRD THE AUTHOR.

WAS called to the stand. Mr.. Byrd did
not take the oath in the usual way, but
affirmed.
In reply to question from MIR. Thorn,
ii he was the Byrd who was the do
teudant IN this SUIT, said he believed 80.
are you the author OF that article?"
'Yes, sir
MIR. Thorn handed the witness let
tor and asked If ho wrote it. Mr.. Byrd
ssia ne did. 1t was letter addressed
to MIR. Small enclosing tho article pub
lished December 23d. 1t directed tina:
:, OOO copies of the paper OF that dato
DC sent to CHM " Co, 100 to him
lByrd), | to every member OF the
Legislature, | TO each of the school
superlntendents and teachers; also
stating that large number of other
namos would be sent him. He directed
Mr.. Small TO send bill to him. MIR.
Byrd wrote that it would be splendid
thing for Mr.. Small and tho Pilot.
ln another letter MIR. Byrd referred
to my people. Mir. Tuom asked whom
he meant, and he replied, "Ginn N
Co."
Capt. Wise asked witness if he be-
iieves that the matters stated in the
alleged llbclous article are true. He
replied, Eyes"
u.
said he would call him later to show
why he believes the statements III said
article to be true.
WHAT MR., COLLINS SAID.
MIR. Collins, who was advertised as
one OF the directors of the company
aud who was represented by Starke 4
Starke, was called to the stand. MIR.
Collins said he had no connection with
| thp Pilot mi - a.
WAS out Of the city when the corupnny
was formed; was out Of the oity when
| the article was published; had never
| read 1t; had never attended any of the
| meetings Of the directors.
Mr.. collins was told that he would
| not DO held for damages.
MIR. BRIcKHoUsE,
one of the Pilot directors, next took
the stand. He knew OF the article in
question before It's publication. but
knew nothing of its character. Never
raised his voice against the article, lett
| all that 10 Mr.. Small. the managing
editor, while he did not know the
| character of the article IN question, he
| did not suppose it was a compliment
airy article.
Did not remember that the article
was discussed ut directors meeting. In
reply to Mr.. Wake. said: III MIR.
Small says that the character of the
| article was discussed at a meeting at
| which was present. 1t liz true"
MIR. Smsll- good deal has been
said about the confidence reposed IN
mo as managing editor. Ibid that
| confidence continue until | resigned"
Answer. "It did
TREASURER ZACHARY.
MIR. r. Y. Zachary said he was n
director and treasurer OF the company.
snid he talked with Mr.. mallund some
Others OF the directors as to the char
acter OF this article before it's publicn
ton. MIR. Small read mnuy of its pas.
sages to him and assured him that he
would see that nothing libelous should
appear III the paper. ~ have no desire
TO shlrk any responsibility in the mat
ter. | think MIR. Small tried to be
very careful about what no printed aud
he conferred with several OF us about
| 1t. / do not remcm her if attend ed n
meeting of the board of directors on
the oath of December or whether the
subject of the publication OF this article
| came up ut that meeting. Ii the min
utes say that Mr.. Small resigned at
That meeting 1t Is true. | do not think
The subject OF his resignation came no
| on account oil this article. | think he
mentioned other causes.
MIR. Small said; We were very close
IN our relations regarding the Pilot
We often consulted us to The adyisa
biilty OF being extremely careful as to
| what we should publish, owing TO our
peculiar position before the public, |
remember your saying to mo that YOU
hoped no one would think that we
published the article on account of auy
old grudge against MIR. Massey. You
told me of your fears before the arti
| Gle was published. that the public would
attribute 1t to anlmus on our part
against Mr.. Massey GU account OF the
past controversy between us.
Yes sir, said MIR. Zachery,
Replying to Mr.. Dobie, Juror: al
had read the article when | attended
the meeting on tho oath December.
read Is when 1t was published, on the
3d."
CAPT. JOHN Il. RorEp.
Capt. John i. Roper was the next
witness. He has been director OF the
Pilot Company, but had Resigned; was
incorporated rs director before no
knew it; dosen't recollect to have read
any OF the advance notices referring 10
the coming publication OF the article.
Capt Roper here stood aside, the plain
tih's attorneys admitting that he Is not
liable as an individual for tho alleged
libel.
n r..