Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-09


in, because such letters tended to prove
conspiracy. but that the other testi-
mony could no; be heard
HARD ON LEACH
Mr.. Thorn, for the plaintiff. asked the
indulgence OF the Court, and argued a:
length and very forcibiy against the adj
m'ssibility in the case Of any statement
or communication from the American
Book Company. He said that since Mr..
wise had made public what he proposed
10 prove concerning the Washington bril-
berry case, he would state that the plain
tin stood prepared TO prove that this wit
ness ala accept that 5000 check, and tina.
the only reason why he did not get the
money was that payment of the check
had been stopped. lie ayerred that Wit
ness Leach. az he would prove. had tele-
eraphed TO the bank upon which the
check was drawn and asked II it was
good.
Mr. Wise offered some further argu-
nent. In which he URGED at length that
ne rad the right 10 prove the character
Of j. W. Womack He referred to the
American Book Company as great
corporation. an octopus. carrying on a
gigantic conspiracy to deb9uch the
school authorities ali over this country.
Mr.. Wake. for the plaintiff. took the
ground that the Court should not even
admit the letters referred to from the
agent OF the American Book Company.
MT. White, the attorney Of the Ameri-
can Book Company, arose for the first
time since the case began. to have some
thing 10 say. He denied absolutely Mr.
NiAe's assertion that the corporation was
an octopus and a gigantic conspiracy for
the purpose OF deDauching school authori-
ties all over the country. lie asked the
Of rut 20 ord
from such reflections by counsel.
THE JUDGES RULING
Judge Prentss sustained the objection
to all OF the above proof offered by the
defence, save such as would show the
whereabouts Of WomaclG about the time
of the alleged conspiracy in Virginia. lie
held that this was an action brought by
John T.. Massey against the Pilot Pub
fishing Company and others. upon an al
legged libel, naming five distinct things in
the article complained Of. and the defence
could not Try any other case but that.
They could not go into the question
OF conspiracy between the American
Book Company and Womacy. To this
ruling counsel for the defence excepted
generally, and specially 10 the rejection of
each piece of evidence offered.
The jury was brought into the court
room again at go O'Clock. and MIR. Wise
resumed his examination OF Witness
Leach. who had been kept in silence in
the witness chair for three solid hours
He said that ne had known Mr.. Womack
in the year 1890 as the general agent of
the American Book Company.
"Wil you state when and where you
first heard of the award of the Virginia
book contract in 1892" asked Mr.. Wise
Counsel for the plaintiff objected, but
We're not sustained.
about the LIST of April. az my home
Vancouver. Wash.," replied the witness.
How did you hear about it,
I'VE object" said Mr.. Thorn for the
plaintiff again.
The objection was not sustained. you
will answer the question" said Judge
Prentiss TO the witness.
II heard Of IL from Mr. Womack."
Referring to the Washington indict-
ment against Mr.. Womack the witness
was asked # he were the Leach referred
20 in that instrument and gave an affirm
alive answer.
KNEW BIT COULDN'T TELL
Said Mr.. Wise: DO you know the facts
and circumstances under which that In
dictment was brought?
Il do"
What were they?"
eve object" said Mr.. Thorn.
The objection is sustained The ques-
ton is immaterial in this case, said the
Judge.
Mr.. Wise here asked long string Of
questions. 10 all Of which objections were
raised 10y Mr.. Thorn, and these objection.
were sustained by the Court.
The witness was then turned over to
the plaintiff. 1--WE have no questions TO
ask hr." said Mr.. Thorn.
I'VE thought So" retoined Mr. Wise
"OR 90 the lights'' n auybtcr1
Mr.. Wise then read a lengthy deposition
Of MIR. Charles 5. Patton, vice-president
of the University Publishing Company
concerning conversations with Mr.. Mas
sey about book matters In 1890 and pur-
porting to show that the announcement
Of the adoption of the book-llsts In 1850
was not made until after the MAY meet
ing. In this deposition Mr. wise sue
ceeded In getting in the New York World
article about Mr. Massey published four
years ago.
Mr.. Wise submitted DISPOSITIONS from
Aaron Lowell, publisher Of the Graphic
Copy Book" and several other persons
bearing upon the character OF Massey
and Womack. In Mr.. Lovell's deposition
deponent said that he had always heard
Mr. Womack well spoken Of He said
that Mr.. Womack borrowed 500 from
him In 1880. and agreed TO DO what he
could with Mr.. Massey in the interest of
the Graphic Copy Book" which had
been taken off the list. The "Grauhics"
were put back again. and remained on
the list for one year Considerable time
was spent in argument upon parts Of the
Lowell deposition. TO which the plaintiffs
counsel had objected and Judge Prentss
took the paper home with him when court
adjourned, I'm order that he might fully
consider il tonight.
The Court has not yet rendered his opln-
ion in the question Of instructing the
jury that II can only consider the test-
mony of Witness James in connection
with the alleged attemp, at bribery some
years ago by Mr.. Massey. in so far as it
goes to show malice. Mr. Wise to-day
telegraphed TO New York for an authority
in the matter, and Judge Prentiss will
probably pass upon il on Wednesday,
THE LIsENDtRG MURDER.