Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1895-07-05
The Massey Libel Suit.

The Massey Libel Suit.
| The suit of Hon. John E. Massey against
the Norfolk Pilot. Sam'l W. Small, Richard
E. Byrd and others, for 200 damages for
libel, in charging him with having been
bought up by the American Book Company
to have their books adopted by the State
Board of Education, of which he is men,
Der, is still progressing at Norfolk. An Incl
dent of the trial has been an assault by a
young son of Mr.. K. Murray, editor of the
Norfolk Landmark. on Mr. Sam'l w. Small,
now editor of the Norfolk News, for remarks
about his father. Neither Mr.. Small nor the
youth were hurt. Gov. o Ferrall was in the
court room one day, but returned to Richmond
he not being needed as witness then. Mr..
| MasSey'S counsel put on two witnesses, one
of them Mr. W. w. Gibbs, Manager of the
Pilot, to establish the publication, and MI.
r. E. Byrd to establish the fact that he wrote
the article in the Pilot. The other witnesses
of the plaintiff will be introduced after the
defendants have put on all of theirs. Last
!
Mr.. Massey's counsel of what they expected
to prove; this week it opens with statement
by defendants counsel of what they expect
| to prove:
Messrs. Heath and Wise made the statement
of what they expected to provefor the defense.
They said they expected to prove that Wo-
mack the agent of the American Book Com
pany boosted that che owned John E. Mas
say that another company wanted the
Graphic copy book retained on the Virginia
list and it sought Mr.. Massey's ear through
| WOmack; that the book was retained and
Womack at once borrowed $500 from the
agent he had befriended; that Massey was
insolvent in $780, but invested S., 800 in booms
and then tried to cover it up as his wife's
money, an act which the Court of Appeals
afterwards decided was a fraud; that Wo-
mack had had to flee from the State of Wash
ington under indictment as a briber; that in
1890 the N. Y. World published an article
charging that Massey had been corruptly in
fiuenced; that Massey never sued that paper;
that WOmack paid the expenses of Massey
and his wife to Canada; that after the award
OF the book contract in 1894 Massey surrepti-
tiously deposited $1,000 in a bank to his
Wife's credit; that after the award in 1890
Massey was also flush Of money; that after
depositing the S., 900 to the credit of his wife
he bought property in Charlottesville at
So, $50 and in that transaction said 5000 of
the money had been furnished by his wife;
that while Massey only got $4,000 from Wo-
mack in 1890. he raised the price on him to
So, 900 in 1894; that when Massey was candi-
date for the U. S. Senate he offered a minister
of the gospel money to vote for him for that
place.
In reply, Judge Nicely said the plaintiff
would show that Womack was not the agent
of the American Book Company in 1890 and
therefore could not have paid So, 900 as charg
ed, and that Massey's income from his salary
and from his cash Lawn farm fully enabled
from his wife,
Witnesses Put on by the Plaintiff.
MIR. W. W. GIBBS ON THE STAND.
| Mr.. W. W. Gibbs, the business mana ger of
the Pilot, was on the witness stand. He tes-
titled that there were 1000 extra copies of the
Pilot containing the Massey article printed
and sent to R. E. Byrd of Winchester 1t was
understood that Byrd was the author of it;
that he, Gibbs, was sent North to get finan-
clal aid from CHM & Co. to defend this suit,
and from other book publishers also if he
could; that when witness went to CHM & Co.
and charged them with having fnstigated the
article and having Mr.. R. E. Byrd for their
agent, they replied that witness had nothing
in the world to show that they (Ginn & Co..
had any connection with it.; witness had been
to see Byrd to get money through him from
others to defend this suit. Witness was
asked if he had not said to Judge Kirby of
Staunton, that the increased circulation of
the Pilot growing out of this libel suit would
compensate, or more than compensate, for all
the expenses incurred. Question objected to
by counsel for defense and ruled aut.] Wit
ness said that to this day he had never read
the Massey article. AS business manager he
only read the advertising columns.
THE AUTHORSHIP OF THE ARTICLE
ADMITTED.
Mr. r. E. Byrd, of Winchester, Va. one of
the defendants, was the next witness. He
testified that he was the author of the alleged
libelous article.
Three letters from Mr.. Byrd to Mr.. Small
were here introduced, after having been ac-
knowledged by the witness. They directed
that 1000 copies of the papers presumably of
December 23d) be sent to CHM & Co., 100 to
him (Byrd). one to every member of the Leg
islature, and one to each School Superinten-
dent and teacher, and saying that large
number of other names and addresses were
sent by him. In one of the letters. in which
he referred to my people" he was asked by
Mr.. Thorn who was meant by my people"
He replied "Ginn & Co..
Captain Wise asked the witness if he believ-
ed then and believed now that the matters
stated in the alleged libelous article are true.
He replied Eyes" to both questions.
Mr.. GIBBS RECALLED
Mr.. Gibbs was here recalled and examined
by Mr.. Thorn, when the following short but
somewhat snappy dialogue ensued;
Was there any correspondence between the
Pilot Publishing Company and CHM & Co.?
Al do not think there was.
Odd you send telegram to CHM & Co.
within the past few weeks? Al sent tele-
gram to one Of the partners in the firm of
CHM & Co.
Q,-Where are those kilograms? Al do
mol know.
Q.-Will you get a certified copy of them
from the Western Union? Al will