Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-06-29
CHM , 4 Co. or anybody else. / absolutely


1uently, and ! was sent north and tried
my post to interest them i'm It. aud they
wouldn't come. and there is where the
trouble lay.
pidn't you send to CHM a. Co by reason
OF the TACT that CHM q Co. by its agent
mao composed this article which was pub
hshed IN the Pilot OF the sd OF Deem
Der?
had no knowledge of the fact
DIDN'T YOU confront them in this in
terview with The statement whether you
knew II or claimed Il only. that they
we're the auth9rs OF this article which
was the subject OF this suit?
10 your question just as you put IL /
could say no; but | don't think you put
1t exactly in accordance with the facts.
Answer 1t as you desire.
] charged the firm of CHM & Co with
having Mir. Byrd as agent and attorney,
which they denied. ! charged them with
being responsible for this matter COM
Ing into the Pilot. and they said | had
nothing I'm the world 10 show that they
had any connection with g. and denied
II. don't know in, what language. and
/ insisted upon their furnishing us some
money. and they refused to do il.
Did you make any demand upon CHM
& Co TO furnish you the facts Upon
which To defend this suit?
No, sir ! did not. ! think | said this:
That would ask them for any iniorma-
tion In their possession as | would any
other book company which would give
Us information as to this American Book
Company's methods.
Did you state that you or your COM
pany knew they had the facts with which
70 defend this suit?
No. sir, because | thought those facts
were in the possession OF the company.
You called upon them for all the inform
alton they had?
Yes. sir.
Dld you tell them you did not have the
necessary Information to defend that
SUITE
No. sir: | ala not Mr.. Wake. l think
IL YOU viii let me 80 back a moment or
have no objection l want You TO
do IL.
MR.. MASSEY'S NAME.
Mt. Gibbs. Something occurs 10 my
mind Way back at the beginning Of
the matter. before this publication here.
MIR. Small and II DO this So ] may not
90 any injustice 10 Mr.. Smali-dIscussed
this matter several times. not in its detail
at all. and understood that MIR. Massey
name was 10 be connected with II; but
that WAS rather incidental than other
wise lie never led me to believe IN our
conversations at all that he had any
malice or feeling toward Mr. Massey. or
regarded him in any other way except
that he was mentioned incidentally In
connection with the book company. II
was the book company he was after. /
merely state that because that reference
To Mr.. Masseys name may have occurred
two or three times before the publication.
/ remember distinctly that IL occurred
one night over a cup OF coffee.
Now, has your company called upon
Nj r.. T.. Byrd - furnish the informa-
tlon and facts 20 defend this suit?
Yes, sir
Have they called upon Mr.. Byrd as
the representative or agent Of CHM *
Co, for that purpose?
We'll not as the representative Of CHM
/ & co. They have. called on him as "A
/ party who knows something about this
publication.
How did he know anything about the
/ publication, and how was he connected
with IT?
always believed that Mr.. Byrd wrote
| the article. / thought the man that wrote
| tn article ought to know all about II.
Did you believe. that CHM & 60. were
/ behind Mr. Byrd?
/ believed that, ! don't know ii.
Did You feel that you did not have the
I facts upon which TO defend the suit?
/ The point with me was this: ! always
| believed the information was In the Office
/ that Mr. Small had all the information
I as managing editor. that he had All The
proof. and everything OF that kind. but
| always believed that supplemental proof
would not come in amiss
DID you have the information and facts
in your Office?
] could not answer that. because MI
Small gave his information and facts TO
the attorneys
As TO BYRD'S AUTHORSHIP.
Here Mr.. Thorn took the witness in
hand. and examined him at some length.
the obi CT Of the examination being O.
show that Mr.. Byrd was the author Of
the article. and counsel for the Pilot
company In this examination were tho
following questions and answers
DID you, or did you not have an inter
view with Mr.. Byrd in tine presence Of
Mr.. Zachary. and in the presence Of
Mr.. sheldon. subsequent to the institu-
ton Of this suit, and in reference to it?
Yes. sir.
Was the matter not then and there dis
cuSsed between you on the basis that
/ Mr.. Byrd was the author Of this arti-
/ eleo"
Yes. sir. always believed he was
| the author of IT,"
Did he deny IL in that interview
/ No sir: / did not tax him with it, and
/ he did not deny H."
But. between YOU ALL it was taken for
/ granted he wa the author Of it, and i,
! was not denied by him"
Yes, sir
| This last question was objected TO BY
/ Mr.. Byrd. which objection was overruled
! the Court holding that it was an admis-
| sion when all Of the parties were togethe.
| and discussed II. and one party who l.
claimed as the author does not deny il.
/ But. didn't he admit to you az some
time or to somebody in your presence
when his counsel were not present. thai
he was the author Of this article of De
| Ccmber 23d2"
/ don't recall that Mr.. Byrd ever al
| mitted 20 me I'm the presence Of anybody
| else or not that he wrote the article"
You just assumed II. and talked abou
it with Mr.. Byrd on the basis that he Wa
! the author"
We never discussed the question be
| tween Us. That was not the thing / va.
! figuring after when | saw Mir Byrd
What were you figuring after?
Figuring after getting some money.
MIR. NELLY EXAMINES.
When Mr. Thorn had gotten throug
| with the witness. Mr. Nicely took him
/ hand and among the questions and al
/ swers were these:
Did you or not expect before you mad
this publication that ii would be a bi
! sensation?
Yes. sir.
You thought i; would be a pretty goo
! newspaper enterprise?
/ Yes, sir.
Counsel objected 70 the last two Ques
tions and answers, as seeking 10 SHOW
I animus and asked the Court To strik
I them out. The Court overruled the oh
I lection. 20 which counsel excepted
Court then adjourned until tomorrow
/ at 10 \. n.
During the examination Of Mr. Gibbs
! Governor O'Ferrall, Atiorney-Genera
/ Scott. and Ex-Governor Mckinney wer
among the most interested spectators.
CHARLOTTESVILLE
4 Gallant soldier Drad-Sontract fcl