The times. [volume] (Richmond, Va.) 1890-1903, 1895-06-30

Small and Mr. Gibbs as 10 BIS duties IN
connection with the Pilot. ] gave instruc-
/ uons, as president Of the company mat
! the minutes Of the company should be
/ Kept in books and Ia proper form.
NR. GIBBS RECALLED.
Mr. Gibbs was recalled and .ximined
| by Mr. Thorn. lie sai1 Il ala not have
any correspondence with CHM q Co. /
sent "a telegram TO a partner or .Inn .Iinn
! a. Co. 1 do not know where that tele-
| gram is, or the answer 10 st.
AIR. Thorn. send out and get copies
| touering witness q press ecpy-Dyoh.
Please examine that book. Mr. Gibbs,
and tell me IL there have not been some
yes SIR" How many pages consecu-
| lively? u think about four or hve.
DO YOU wish, Mr.. Gibbs, 10 MAKE any
/ explanation as 10 why those leaves are
/ tom out? mo, sir perhaps you KNOW
Alr Thorn"
What do you mean. sir? DO you mean
/ that ! tore those pages outt
IL don't say that. but I say you may
/ have done So" DO you mean 20 intiiniaite
/ that ] did? "You intimated that ] dld II,
I Mr. ThOm. ! think YOU arc as likely 70
Judge prentiss Called both counsel and
witness 10 order. 49,
The impression with reference 70 the
] leaves Is that they contained mater oI
/ about the timo Of December I'D. Ine
! witness could only explain tner apsence
on the ground that letter ala not copy
I lNEINlH Oh tNil i.+hfat NlAiNit WV -~-
/ that reason torn out.
THE wIrSTss nILED.
Mr. Thom's suggestion f.~+ the Pilot
| had bad luck iH copying letters about
| that time is what riled witness, who
| said be could swear that he had no com
municatiOn with CHM & Co, about the
/ time the leaves covered fthe latter part
| OF December ltAJ
To Juror Dobie witness said he had
| no written agreement as manager win
! the Pilot Company. and had learned from
/ Alr. Small what hts salary was 20 be.
The article OF December sd was news
article and not paid for The Pilot was
born in a hurry, and business arrange
no Juror Barron he said Mr.. Byrd paid
for 1900 copies Of the Pilot. To Mr..
Small witness said that the original un-
dcrsfundine was that "he was 20 be
associate editor Of the Pilot. with Mr.
Small as managing editor, but the plan
was changed, Mr.. Small to have fuil con-
troll OF the editorial and news depart,
mcnts, and Mr.. Gibb OF the business ana
mechanical, and nothing was agreed
upon
sfR BYBD's TESTIMONY.
The next Nitrcss was Richard o. Byrd.
ie was handed Boy Mr.. Thom several let
tfrs TO Mr. Small. ana said he wrote
them. one stated that he al sent by
mail December 20th" last installmcnt of
the M1ssey-Trust article and expressed
the hope that all Of 1t could be printed
as If makes a powerful case AGAINST
Massey. CHM q co. / want 1000 copies
sent me here (Winchester) ] also want
@ copy sent 10 every member OF the Legs
latrre ana Senate
II sent YOU name and pcst-ofiice address
Of all school supprlntcudfnts and school
trustees. ali large number Of written
names ami ad lrcsscs. Please return these
10 me. This viii be Il splendid OppOrtu-
pity for you. and the Pilot and 1 VIII
help You an cam
A postscript was added. instructng Mr.
Small 10 send him a bin fer the papers
and he BYRD would send his check fer
tLcm.
That he wrote the article published IN
the Pilot. and that he believed IL was
true when he wrote 30. and believed IL was
true now. in answer tO question by
Air Small. witness admitted that ne
fSmaW had written him that the Amer
lean Book Company had published an
answer through the press and saying
that we had better 80 at them and at
tack them further.
A third letter Of date June s. 1875. read
your letter OF rec.nt date received IN
reference 20 combined attack on trust;
that IS my idea. 1 have cont your letter
% my people ana will communicate their
rcsaol So 90 You. ] send a copy Of my
paper the Times. Can't You rciublish my
editorial on the Board Of EducauonY'
DIRECTOR COLLINS.
S. @. Collins a Pilot director. was next
examined. but his testimony was uuim-
uurtauf, except iu that DC secured him re-
lief from liability for the publication.
=. n. friCkhOuse another director, said
that some time before the publication Of
the article he received a communication
from Mr Small bearing on it he know
Mr.. Massey was connected with ~. bat
knew nothing OF the character OF ~. flc
supposed. however. that it was not COM
plimentary. He read 10 after 10 was pub
iisheI. partly on Monday following IT'S
dato-Sunlay He ala not protest against
DO, having unlimited confidence ~ Mr.
Small. This confidence continued up 10
sir. Smalls resignation.
r. y. Zachary. vicc-president and direc-
tor of the Pilot Publishing Company,
WIS The next witness. lie had some
recollection OF having heard some por-
tlOns of the article. ana understood that
90 was 90 he am exposition 0f the methods
OF the American Book Company, and
referred 20 some high State officials.
Mr. Small assured him that nothing libel.
lous would appear ia IL. Alr. small was,
90 an appearances, very careful not 10
let anything go in the paper that would
Doe compromising. and said there was
nothing in The article mat would De d.
lbclious. lie read some portions Of l. %
me. At The meeting or December -ith,
SIR Small offered his resignation OF ac-
count of criticism, and then Withdrew
10. 80 one raised voice against the
publication.
EXaMINFD by Mr.. SMALL.
To Air. small Mr. Zachary Sdli tlrlr
relations were very intimate ana con-
slitafions frequent lie often said we
had TO he extremely careful ON account
of the many enemies Of The paper pOlifi-
cal and otherwise. and that. IN account
of past difficulties with Ar. Massey ne
wanted Co De careful .Aat nothing appear
in the paper against him.
The meeting OF the board was not
called with reference 10 his resignation.
Captain John l.. Roper an erstwhile
director. was examined with The same re-
suit as Mr. Collins. Judge Neeley am
nolncinF that they Nonld 10 longer noli
SIR Zachary was recalled. and testified
that n Dee had read the article before
Ns publication be had no authority 20
stop as appearance I'm the paper. Mir.
Small was very jealous Of his preroga-
tlves. lie could have called a meeting OF
the board for consultation With Mr..
small. and persuaded him 10 stop IT, He
ola not know That IL was lirellous. nor
did he know ID yet said that anything re-
neeung on Mr.. Massey would te elm
mated: that ne and Massey had had some
controversy in past political canvasses
The idea left in his mind was that Mr..
Small would eliminate anything tnat
could be construed as an offence 10 Mr.
Massey. He dld not think there was any
thing IN 10 that should give offence 10
Mr. Massey. The Pilot had az one time
a board OF managers composed OF part
OF the board of dlreC tors, but that board
had no authority TO stop the publication
of any article nor dictate the policy or
the paper
MAJOR HUMPHREYS.
Major ID. Humphreys. a director. said
he heard OF the article. and went with
Nr BrlckhOuse to Mr.. Small. and asked
him 10 be- careful 20 avoid trouble. lie hta
seen articles IN the Richmond STATE ana