The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-07-24
TWO VERY ABLE SPEECHES
I Concluded from h''St page. /
afternoon session. Judge Heath made
the opening speech for the dafense.
JUDGE HEAri's SPEECH.

the opening speech for the daieuse.
FUDGE HEArn's SPEECH.
judge Hesth said he would not de-
part from the issue; that lie did not
propose to attempt TO excite their
sympathles or their fears. as neither
had anything to do with the issue.
There is nothing III the lilo or char
acser of Mr.. Massey to eutitle him to
more consideration than the defend
ants in this case. There is nothing in
Mr.. Massey's life to eutit!e him to your
respect.
He said he would say nothing to
wound any man unless tho truth re-
Quired that it should be done.
In the publication three persons are
commented upon, The American Book
Compsny,J. w. Wonack aud Mr.. Johu
E. Massey.
He then spoke OF the organization OF
the American Book Company aud snid
that the increase of the capital of the
American Book Company showed TINT
it was not honest OF the beginning. Or n
great mistake at the beginning was
made; that it was the history Of the
company that 1t debauched the educn-
tIonal administrations of the country
for the purpose OF putting its books
ON tho market.
He was interrupted by Judge Nicely.
who said he was going outside of the
cese. An argument followed, in which
the Court held that Judge Meath was
outside OF the case. aud that he had no
right to go into the history Of the
American Book Company.
Judge Heath then modified his state
ment and said the article stated TINT
the company had been denounced in
the legislatures and conventions of the
States.
He referred to Womacii and said
that there was evidence that Womnck
had been indicted in Washington
State for attempted bribery; that it
was one OF the facts to be carried along
In this case. us much SO rs tho fact
that MIR. Massey is plaintiff in this suit.
MIR. Massey Is brought into this suit
and is part and parcel Of 1t, aud II is
impossible to disconDect Massey and
Womaok from the American Book
Company. MIR, Massey has no right
to complain that he is punched with
Womack aud the book company. Ile
has selected his associations aud it is
orr right TO comment upon them. Mr..
Massey of these three Inns brought this
slit The book company and Womack
have watched this suit daily and have
desired to put their huuds in this mat
ter aud say they want TO be heard. ii
they wanted to be heard they could
have done as Mr.. Massey has done and
brought their suit. He said this con
duct means something, it has @ bearing
aud should be considered as n part OF
this suit. Their attitude shows TINT
there is tie which binds ,thesesthree.
Under the constitute II adopted III
1SG9, there las been IL Superintendent
Of Education aud from that time down
To MIR. Massey. there has never been
suspicion of improper conduct, but
within six mouths after Mr.. Massey
came into Office, there were charges III
the pubic prints that MIR. Massey was
nnduly intluenced In the discharge OF
the dnt!es OF his Office.
He is public officer and there is
nothing In evidence to show that there
was any reason for the attack on MIR.
Massey other than the mnnuer OF cou
Quoting the affairs of his office.
The publication was in regard to q
public official, and it is the right of uB
all TO call into account tho conduct OF
public Officials. When u man goes
lnto public Office he puts his character
at issue. This wntchfulness of the
public press Is one OF the means of
securing faithful discharge Of public
duties. aud a man has no right to com
plain. II when the light of invesiiga-
tlou is turned on him dark spots nre
found. he has no right to complain.
Under the law of this land II public
journal occupies peculiar, honorable
aud responsible position. Under the
Constitution there Is provision which
guarantees the freedom of the press.
The trainers OF the Constitution look I'd
upon the freedom of the press as one
OF the bulwsrks of American liberty,
and while the Legislature can regulate
ell else they cannot curtail the powers
of the press, because 1t is important
that the press should speak out. An
independent press is Il blessing TO the
people. while timid and servlIe press
is curse TO the community.
How often do we hear tie question
asked why il is TINT the press Is silent
on certain subjects. He then spoke of
the independence of the press North
! and asked why was it that the influence
can not be exeried elsewhere for the
protection OF the people.
Judge Heath then read paragraph
from the alleged iibelous article re-
lating to "Womack's being set upon
MIR. Massey soon after Mr.. Massey
went into Office" lie also read of the
'.ster chamber meeting" ana circular
55;" also the paragraph headed
"Money by the Bundles" etc.
He said the charge In that article
was that MIR. Massey was insolvent