The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-06-25
SAM SMALLS BIG LIBEL SUIT.
THE MASSEY SUIT AGAINST THE
PILOT CALLED FOR TRIAL.

The Paper Accused the virginia SUI
Derintendent of Education of Ac-
cepting n Bride From the Ameri-
can Book COmpany-An Imposing
Array of Counsel Employed on
Each side of the Case-An Addi-
tionaI Special Plea Ruled Out.
Norfolk. Va, June 2l.-The suit of Hon.
John f. Massey, superintendent Of educa-
ton of Virginia, against the Pilot Pub
fishing Company. and its directors, Samuel
w. Small and r. f. Byrd, a lawyer of
Winchester. Va, was called in the city
court this morning. Judge Prentiss on the
bench. Mr.. Massey asked $4,000 for SLAM
derous publication. The Pilot charged that
he was corruptly induced to favor and in
fiuence the board of education of Virginia
TO favor certain books of the American
Book Company. At the May term of the
court the defense asked continuance Of
the case to the November term, on the
ground that important witnesses were alb
sent, also that very material evidence
records from the states of Washington.
Alabama, South Carolina, and from Can
ada and Mexico had not arrived. Judge
Prentiss overruled the motion and set the
hearing for to-day.
The defendants at the May term were
forced to enter their pleas, which they did
five in number. one of which was general
plea Of justification. When the court
convened this morning another special
plea was offered. charging conspiracy on
the part of John L. Massey, the agent one
Womack and the American Book Com
pany to corruptly influence the board of
education of Virginia to favor the books
of the American Company. and that for
this service. Massey received money.
The plea was argued by ]. p. Heath Jr.,
and Capt. John S. Wise for the defendant
and Messrs. Alfred p. Thorn, Richard
Walker and Judge Neeley for the plaintiff.
and overruled. The plaintiffs attorneys
held that it was nothing more or less than
another plea of justification, which could
not be entered the second time Judge
Prentiss, in sustaining this point, said that
conspiracy could, however, be shown in
evidence. A venire of thirty-five of the
most prominent business men Of the CITY
was called, and all but five had made up
or expressed an opinion. The deputy sher-
iff was kept busy until o'clock, and when
at that time the court adjourned, eleven
men had been found who could give a fair
trial. They are men of the highest char
| acter.
Some of the answers made to the Judge
| created much amusement. Capt. w. A. S.
| Taylor, asked if he was pretudiced against
| either of the parties TO the suit said: II
am most decidedly prejudiced against
| both"
Capt. Taylor was allowed to stand aside.
I Mr.. Fenstenwam, a leading merchant.
when asked if he was related to either OF
| the parties to the suit, said Eyes, the
! Democratic party"
| Judge Prentiss announced this after
noon that owing to the severe weather
his court would convene at 1890 a. m.
and adjourn at p. IN. daily. At this
rate 1t will take at least ten days
Several of the important witnesses are
here. Secretary of the. Commonwealth
Joel Lawless arrived to-day Gov. OFFER
rail- and Attorney Scott are expected to-
morrow. They are witnesses for the
plaintiff. Judge Rea of Bristol, and State
Senator Flood of Appomattox are wit
nesses for the defense.
! Mr. Massey was in court all day and
looks as confident and happy as possible.
He expects a verdict of at least $4,000.
The array of legal talent engaged in
this case would be notable at any bar in
the county. The very best lawyers in
Eastern Virginia are in one way or an
| other connected with the case.
The indication points to the most SEN
| sational trial in the history of the state.
| Mr.. Massey's lawyers are very agrees
sive and will see to it, it is said that the
old gentleman is not improperly used.