The times. [volume] (Richmond, Va.) 1890-1903, 1895-07-24

NIH H."N d
! hand in company with the briber? II Is
| ,rnoead 10 reason and opposed 20 com
| mon sense Why did he bring me money
| out? why did he not leave IL there
| Whv bring it out and then go back ana
| aa,osit A. againg' Mr.. Thom argued that
! t5 plaintiff could safely have gone be-
I fore this Jury after the defence had rested
/ their case, from the TACT that the ue.
| fence had utterly failed 10 prove mat
| ffov had any evidence whatever or Did
/ erv on the part Of the plaintiff: thai the
| .Il, money that they knew oi the pam
| Tin having IN his possession thal tneS
'',rll roi account for was the S2,JVO whlch
! he'd been used In the purchase OF the
! Charlottosvillc property. And how nave
| ,ge accounted FOR thaty We nave Drohsht
! here an honest, plain. country merchahl'
,f., foid v0u that he gave IL 10 ms SIS
/ ter Mrs. Massey
THE rLaISIIFF's IFsTIMoNY.
Commenting upon the truth Of plaintiffs
! teetinony counsel said that no contradic-
| fion was found In H. and no flaw, except
he production Of the tax list. which did
moi agree with his statements. Counsel
/ ,sGeI how many tax lists produced IN the
/ rifo az Norfolk to-day would agree with
/ the actual amount Of property owned BY
/ ne sionor Of the list He cOntended that
! fTis s1riuaing Of old tax lists was an
/ oid dodge 8f lawyers TO impeach the tcs-
/ timonv OF witnesses This plain country
! merchant was called here 10 match wits
/ With the learned counsel, Captain WISE,
/ and Mr. Th0m thought the jury would
believe his statements as 10 All material
I f..te "rhen comes" said counsel this
gentle and refined lady lAlrs. Massey
i forced hv the eXigencies OF the occasion
! into this c0urt-r0Om facing this body Of
,,.n with no one of her sex by her side,
and corrobOrates her brothers testimony.
! 'rnra comes the venerable plaintiff him
gnlf OBJ the stand and you, gentlemen
| of tho Jury know the consistency or his
/ statements. YOU know the manner IN
I
| won keeping nothing back. but item by
{ item. year boy year, ana step Dy step ne
| carried YOU through all these years. eX-
/ nlafriur away each ana every one OF the
| ansrrDe brought against him; and then,
rr.flcmen of tho jury. came that cross
I Examination. Of which none other IT'S
! canal has ever been conducted ia the
/ .o.rfs of this or of any other State.
none other ifs equal In pursuant detail
rnI rersDFcring technicaiitfos. I nee not
refer % its nature suffice IL 10 say trtt
| fcu men seventy-siX years Of age could
| have endured it, and yes you gentlemen
J know bow This plaintiff has acquitted
| himself during this Ort eal Every detail
of his ifo's record has been brought out
| rn reply 20 the remark Of q friend OF MS
| during This trial when tlat friend COM
mcfted ur0n his haggard aiTeara1ce. the
uiaint0 replied. "Nes. | feel haggard /
! nave been forced TO-DAY. sir. to give.
under cross 7Xaminati)1 on the witness
stand. the cost Of the funeral expenses
I
Ca6tain Wise interrupted with the re-
mark that the matter was printed In the
newspapers.
Air. Thom went over in detail the debts
ard credits of Mr.. Massoy's account,
showing that at the ti ne that he pur-
pheed the Charlottesville property he
had according 20 She figures that he
road Sg-n net .ncmding the .Oncy Sc
cured hy his wife. so chat there was no
need for him 10 become corrupted TO Sc
cure the money. Counsel commented upon
tEe Facts that the plaintin was backed
ur iu hts actions respecting the purchase
of senOci books by Governors Mckinn ~
and O'Fcrrall ANA Aftorney-tieneral scott,
and he cited how and why these various
books were adopted
Afr rhOm next took uD the matter OF
conspiracy. and agreed that under the
evidence brought out in this case. II had
been shown tna- the only conspiracy IN
the schoOl-b00k adoption was on the part
Of CHM q CO. and the Pilot Publishing
Company, who We're the only cOnsprators.
CAPTAIN WISE CRITICISED.
Mr.. Thorn read the deposition Of the
party in New ork, IN which depOnent
stated that he was approached by CHM
a Co.. who desired him to make fight
against Alr Massey That conspiracy
was followed up by the employment OF
IT, T. Byrd in 1894. Counsel then alluded
t0 the motive that impeAed the testimony
of James Dickinson ana others; thdt lhey
were politicians i'm the Big Four days,
throttle Virginia and John T.. Massey
stopped his progress and said that IN do
ing so Doe autagOniZed these parties VINO
were legislators at tnat time. ana that
now they had been gathered together
and had seen in this suit chance 10
break down this old man and have their
revenge. I'm alluding TO the ACCUSATIONS
made against Mr.. Massey counsel said
that some of the charges alluded TO In
his actions away back in 1888, ana Mt.
Thorn characterized the examination as
mcrciless that would accuse man OF
trusacuon that occurred forty years u.s.
and force him TO depend upon ms mtW-
orv 10 explain the transaction, that IL
was a pursuit without mercy, ana one
20 which no man should be sunJeclvu.
Counsel alluded TO the charge made py
Captain Wise about plalnun sIahu-
child being an inmate OF The Miller Man
ual Labor school under his own athdaNll
while he h7i thousands In secret dItM-
er. and said that no such aihuaNlt e1,.S,,s.
ed and that In was an outrage TO thus
criiicise his action before the pubic III
this manner
"raf aIcHr OF THY TInrIoU."
BY what rirht has this old man peen
forced upon this Wltnese-Stahl' anu "
fore this crOwl of spectators heen COM
relied % open to the public ths sacIei
secrets Of his heart anu lie Sh CIV W
his home; BY what risht mas ne ~ 80
compelled TO reitCraie the Sccounl ~ % ~
death OF the wife Of his bosom ara OF ms
little child? It is the right OF the hDei,
lor' gt vflf right has DE been forced
10 tell the private matters that related
TO the meeting OF fis wife, ana tlcf
marriagc2 10 ls the right ~ the hLeilor.
The right of The libellor thus rutnts9N
laws aside The sanctity uf those thlnhs
and exposes them TO tAe punNq, Gnu
snail the Hholor who thus aSsalis ana
thus wanfcnlv lihcis and causes these
rehJs 90 ne violated without Il iounua-
iion. 80 unpunished by ibis jury DO
mot think SD,
In allLliur 10 the prepOrderance or tes-
timouA. Ir Thorn called over IN" hdinrs
o. the many Witnesses wfo had tcsuicd
as 90 The good character oi the pihlhun,
and asked the jury 10 weigh theL ID 're
scales with those who had testlioI III
their attempt TO break down fls 'hai-
actcr The verdict cf this jury meant
everything 90 him. 10 meant Ninulcauvn
.r g1iHalou DE called attention To- Na'''
Wiee's opening allusi)n to General tus-
ter and Sitting Bull. and said thdt capt.
Wise bad paid him CIhom) too great
compliment when be compared nun "i'n
General Custer. and had not done hiinset
justice when he compared hlnlsell 70 Sie-
tng Bull but that the Custer andll ul-
fercd in Tie respect that the plaintlh hdd
cleared away the bushes, and no ambush
remained.
Captain Wise interpolated, You have
lot cleared away the bushss yet
Nj. Thorn wound Up his speech win a
topcnins alusion 10 the pidintiH. lie
spoke nearly three hours.
fx-JrDGN nrATH's REPLY.
Court re-convened at o'clock. and
Judge James T. Heath replied TO MIR.
Thorn. lie does not indulge in fioUrishes.
and talks straight at the jury. He said,
in substance.