Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-25

book-list the works OF Maury? Which
one OF you would have excluded the works
| Of Vcnable? Which one OF you would
have excluded the works Of McGumy?'
The speaker did not think the accusa-
ton Of ''star-chGmber' proceedings
against the Board of Education worth
much attention; but he bore heavily on
the defence because OF the crumbling Of
the latter's attempt to show that Wo-
mack had paid Mr.. Massey's expenses
on the trip 20 Canada. While this mat
ter was under discussion there was con-
siderable repartee between counsel. at
which Mr.. Nicely proved an adept.
Mr.. Nicely arose TO n most eloquent
height in abiding 20 the Willingness Of
the other side that Mr.. Massey and
his family might be entirely crushed I'm
order that CHM & Co. might wipe out Of
their path all book competitors
AS TO the alleged refusal OF Mr.. McGil-
vray, secretary OF the Board OF Educa-
ton, TO give Mr.. Byrd copies OF book
contracts. Mr.. Nicely said Mr.. McGilvray
acted under the advice Of the Assistant
Attorney-General Mr. Byrd, however. be-
ing told that copies would be
given upon the order of any member Of
the Board Of Education. And. continued
Mr. Nicely. a copy of the desired contract
reached Mr.. Byrds hotel before he did,
Mr. McGilyray having probably gotten
in the mean time the necessary permits
sion from member Of the board.
At this point court adjourned until 3
p. VI.
Evening Session.
Promptly at o'clock court reconvened,
end Mr.. Nicely resumed his argument.
His voice had seemingly regained It's
power and he continued speaking from
that time until T.. NJ. when court adj
journed for the day. Mr.. Nicely began
by stating that at no time since 1874 had
Mr.. Massey been In such a position as
would not enable him TO pay his debts,
and then, referring to the Pilots article,
said that the judgments unpaid by the
plaintiff spoken of i'm that article, had
never been brought to light In this trial
although repeatedly asked for by PLAIN
tin's counsel. The speaker protested
against his clients being charged with
any dishonesty in refusing TO pay the
Judgment Of tho Nancy heirs, and de
clared that no man within the sound or
his voice would have done other than Mr..
Massey had done.
Counsel then went over the Rocking
ham affair. and gave his idea Of the rea-
soning and conclusion OF the Court OF
Appeals. which finally decided the case,
although two out Of the five judges were
Of the opinion that the transfer OF stock
10 Mrs. Massey to protect II from the
Rockingham creditors was q perfectly
legal transaction.
Mr. Nicely criticised Judge Heath's idea
Of the liberty OF the press" and claimed
that license and not liberty was what
the opposing counsel had argued for.
Mr.. Small, Nicely said. had also the
same idea, and eXemplified II when he
asked the Court 10 instruct the jury that
an editor could do no wrong when at
lacking. no matter how severely, and no
matter with what degree of truth, pub
lie official. mot only have they attacked
Mr.. Massey" said the speaker las an
official, not only have they put his pri-
yate affairs before an un' sympathetic
world. but this newspaper has gone into
his home. God forbid that the sancuiy
of the household should b. thus disturbed
and taken advantage Of by such ruth
less destroyer under the name and In the
guiso Of liberty Of the press
THE MALICE SHOWN.
Mr. Nicely then went on to show that
n CORPORATION. although sOuhess. had no
more right 10 attack mans character
than an Individual, and said that the
malice Of the publication was shown from
the article itself The speaker In con
Guiding this lire of argument turned his
attention TO Mr. Byrd. Charity suffer
eth long" said he, "and BYRD mas come
on this stand and express much sorro"
for the degradation of this Cd man
(poirting 10 the planting and at the
same time he has bounded his footsteps
from sea to sea, has sought, so he tells
us. in every portion Of this country ior
testimony to humiiate him. j. that 10
be denominatcd charity, or Is 1t rather
the desire for gain?
The llhellous article according 10 Mt.
Byrd himself. would" said Mr.. Neeiy.
never have been written nor published
had Iarbelrs English Lessons Ga book
unfinished bv the University Publishing
Company, Of which Mr. Byrd was asen('
been adopted. Byrd told MIR. Massey tins
and Il was very easy for the venerable
plaintlM 10 have prevented this charge OF
bribery 10y accedng 10 the requeSt On
Mr.. Byrd.
But no; realizing that the education in
terests Of the children OF Virginia would
suffer # this book was put on the alter
native list. Mr.. Massey refused 10 throw
the bone To the hungry dog. and CHM q
Co. represented by Mr.. Byrd, grO"ied
and tried to bite. His bark, however,
was far worse than his bite, thank Cod
and he will pay the penalty OF H.
Mr.. Massey DNohS u bNN'Ai4t' Nii''h
he has used so often during the trial,
v.ere then being discussed by MI. Nicely,
when Mr.. Wise interrupted him 10 say
that he proposed 10 attack these books
as being fraudulent in every particular,
having been prepared by the plainln
especially for the eXigencies OF ms case.
In reply to this. Mr.. Nicely said that u
that were true, II was ne mos
remarkable example OF intelligence he
had ever known. 1t would be a matter OF
mpossibiity for man to prepare an
swers IN advance to questions which ne
knew nothing OF. and this was what Mr..
Massey was accredited with. III he mas
made the attempt" said Mr.. Nicely,
rather dramatically, 1T puts him In the
same class Of criminals as forgers'
thieves and the IKE. and dare not think
that even opposing counsel would pre-
tend 10 say to a jury OF intelligent men
that this is true"
Contjnuiro. Mr.. Nicely said that the
defence had opened the slu'cc-gdtes OF
caumny so that the plaintim might De-
and TO that enc had Sc
cured men from all over the state. eX-
cent from the neighborhood Of the paint
i,f IA testify against him. In conclusion.
MIR. Nicely compared the men VINO had
tcstifled for and against Mr.. Massey
and said that none dare deny the testi-
mony OF such men as Governor OFerraii.
ex- governor Mckinney. Attorney -General
scott. ana others who were witnesses
for Mr.. Massey.
A MASTERFUL EFFORT.
II IS conceded that Mr.. Neelys speech
,v,s one of the most masieriul ever
heard in n Virginia courtroom. lie was
powerful In exposing the pretence OF the
pilot that its publications were MADE
-. ~ interest of the public. He