Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1895-07-10
THE MASSEY-PILOT LIBEL-SuII,
Remarkable Testimony.
r.. Il. Byrd of Winchester and w. r. James
of Franklin County.

W., r.. u
of Franklin County.
Friday the Court was occupied bv
the testimony of R. E. Byrd, the au-
thor of the libellous article in the Pilot,
and that of W. E. James of Franklin
county. Byrd acknowledged that he
was the author of the Pilot article, but
said he was not paid for writing the
article, but was paid by CHM & Co.,
publishers, for making the inves-
tigation, and they paid for 1000 copies
of the Pilot containing the article
which Byrd had ordered for them.
When asked if CHM u Co. had not
agreed to pay the expenses of the suit,
he declined to answer.
TESTIMONY OF JAMES.
AS the testimony of James, of Frank
lin county, is of such character as to
be marvellous and to stagger creduli-
ty, and is very interesting, whether
true or false, we publish it, as report
ed, for the delectation of our readers
as follows
wv. r. James was examined by Cap
tain Wise. II reside in Franklin coun
| ty. | have been elected twice to the
Legislature"
Now, Mr.. James, do not answer un
til the counsel on the other side have
time to object. Has John Il. Massey
ever offered you bribe?"
Plaintiffs COUNSEL "We object.n
Mr.. Wise argued for the admission of
the evidence, and cited q number of
authorities to maintain the admissi
bilitY OF the testimony.
| Mr.. Thorn argued that the testimony
was incompetent, but if admitted
plaintiff was ready to disprove it.
Mr.. Wake cited several authorities
opposing the admission OF similar evi-
| dence.
Mr.. Nicely also opposed the admis-
sion of the testimony, and a tilt ensued
between him and>Captain Wise.
Judge Prentiss took the authorities
and read fer himself the cases and de
cisions.
! While waiting for other authorities
sent for by the defence, Captain Wise
continued to question the witness, who
reputation. Have heard him discuss
ed at various times and in various
places. | consider his general reputa-
ton bad. / wouldn't believe him un
der oath if ne was much Interested"
| SLAPPED MIR. MASSEY.
Cross examined by Mr.. Wake
what are your politics."
Captain Wise objected. Question
admitted
"In the pure sense of the word I am
a Democrat | have not affiliated
with the party for some time, because
| thought 1t had grown to be a ring
party. l voted for Mr.. Massey when
he first ran for Auditor. It is an Office
OF Importance and trust, but when ]
voted for him | did not know his bad
character. | had never heard his re
putation discussed at the time that
voted for him in caucus. 1t was not
entirely on account of politics that
heard him discussed, but about every
thing. ] never did have q fight with
MIR. Massey On account of his denying
what said. l did slap him."
By Captain Wise: Tell the jury
briefly why yon slapped Mr., Massey
II will At the time that Mr.. Massey
was candidate for Auditor of the
State he came to see me. | told Mr.
Massey that / was a friend of his. and
that my family were friends of his
He thereupon drew q paper and told
others would follow, and that he would
give ME $500. | told him that, friend
ly as we were, | would not accept q
bribe for my vote. He then left me
and the next morning he met me again
and asked me if l had not reconsider
ed the matter. l told him that | had
not.
He then told me that if ! would
consider his proposition that he would
make it $1,000. | again declined to
consider the brihe, and left him.
st was after that, at a political
meeting where there were perhaps 2,
goo people, that he stated that some
one had accused him of trying to bride
legislators; that it was false, and that
the party who accused him might be
within hearing of his voice. There
upon l rose and asked him if he in
tended that for me. He replied that il
the cap fitted me l could wear if. ]
replied that it did fit; that the accuse
ton was true, and that ! had reported
it.
"Mr. Massey then denounced 1T as a
falsehood. / told him | would see him
later. did so, and after some words
! slapped him"
Captain Wise here (having gotten in
evidence on this last tack that he had
| failed to do when Mr.. James first went
on the stanD suggested that it didn't
matter much now about the authori
ties as to the admissibilty of the CUES
ton first asked Mr.. James about this
bribery matter.
FINANCIAL TRANSACTIONS.
cold I.o
never owed Mr.. Massey but $40, and
went to pay him Mr.. Massey charged
him interest. At one time he got a
check for $50 from Mr.. Massey. Wit
ness used that and nearly all Of his
own money that he had with him i'll
Mr.. Massey's interest, and witness
hardly had enough money with which
to get back home. After Mr.. Massey
was defeated he came to him (James,
and said he tMassey) had been butch
cred in the house of his friends; that
Massey had down trodden look, and
he (James) said to him that persons on
whom he (James) had spent the $50
advanced by Mr.. Massey had agreed tC
pay back the amounts advanced tC
them, and if they did so he Games,
would return the amounts to him
(Massey); that he (Jamesl signed a
paper to this effect and gave it to Mr..
Massey; that Mr.. Massey gave this note
to a preacher to help the latter's
church; that Mr.. Massey sued him
| (Jamesl on that note and got judg
ment. Witness homesteaded to save
himself from this Judgment, as he did
not owe the amount.
| When Captain Wise's witness said
that he (witness) had resorted to the
homestead law, Captain Wise said that
Mr.. Massey ought not to object to a
thing like misunderstanding" Gap
tain Wise evidently referring to the
Ash Lawn" t1ansfer).
Gross examined by Mr.. Nicely: 1.-The
bride was offered in January, 1882, just
before the caucus for Auditor of the
State, for which he (Massey) was a
candidate, and after his defeat for Uni
ted States Senator in 1881.
Il do not owe Mr.. Massey cent on a
just debt. | borrowed $40 from him
once, but paid it back. He does hold
a note of mine for $50, and Mr.. James
here explained how he came to give
| Mr. Massey this note; that he gave it