The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-06-29
MR.. GIBBS ON THE STAND.
He Tells What He Knows About
The Case in Question,
The Business Manager Put Through
the Mill. He Did Not Read the
Article, Only Read Advertise
ments. Went to See the
Book Publishers,
The interest in the Massey Pilotisuit

the press Oh tue entlrs country Is CIV
ing it large space. The telegraph wires
nightly carry thousands OF words
and big fat letters leave Norfolk daily
for the newspapers to be reached by
mail The people Of Norfolk are taking
great interest, aud daily, since tho trial
began last Monday, prominent citizens
have been attending court. While all
of the evidence Is OF more than ordi
nary interest, 1t Is safe to say that
nearly all OF these people are watching
for Mr.. Maesey's appearance upon the
stand.
AS the plaintiff, he is the most i'm.
portant witness. How he will answer
many of the questions which the de.
Tense will be certain TO put Is q matter
which the public is curious to know.
That Mr.. Massey will meet the issue
6quarely and fairly the public have u
right to presume. :jud3lng from the
aggressiveness of his counsel. 1t WAS
thought that sitter ali OF the document.
sry evidence was in Air. Massey Wouid
be the first witness called aud As lint
evidence was submitted and argued on
Thursday, many confidently expected
TO see MIR. Massey on tho stand yes
terdsy.
This expectation attracted n crowd
much larger than the courthouse would
hold, and after the building was packed
almost to suilocaton there were hun
dreds who hung about the corr idors
and discussed the great suit. a man
looking for information could lenrn as
much If not more from the permlscuons
gathering on.the green thnu he could
from tho lawyers inside. The specu.
lntors are Mi on the outside and have
fixed up all kinds OF verdicts.
Wheu the Court was called to order
and all of the lawyers i'll plnce, instead
OF requesting Hon. John f.. Massey,
Attorney General Scott or ono OF tho
Governors, O'Ferrnll or Mckinney to
take the stand, tho plaintiff determined
TO carry the ''war INTO Afrlcn." and
called MIR. W. w. Gibbs, the business
manager of the Pilot. This was on.
tirely unexpected, so unexpected that
MIR. Gibbs was not present Tho Gov
errors were there, so was Mr.. Massey,
but the plaintiffs having mapped out
mn aggressive fight, determined to 20
into the Pilots Office for their first infor
nation.
1t was stated that Mr.. Gibbs was ut
home sick, but would como to court If
sent for. He had, however, placed the
books aud papers desired In the ca q III
charge of the clerk. \ Deputy Sheriff
was instructed to nunt up AIR. Gibbs.
aud III short while T. WAS on the wit.
ness stand.
MIR. GIBBS on THE STAND.
Mr.. Wake conducted the examinn
ton. MIR. Gibbs said that lie was bust.
ness manager of the Pilot aud that MIR.
Small was editor when the article com
planned of WAS published. MIR. Small
WAS managing editor till April llth.
Tue witness said that the December
I'D iesue of the Pilot was %, 900; TINT
1000 of the papers were sent To Mr.. Il.
j.. Byrd, OF Winchester, but not as
agent OF CHM * Co. When asked if
he did not know that Mr.. Byr6 was
agent OF CHM X Co., the book pub.
fishers, said that ne did not, but he be-
lleved that he was.
Two letters. of June 18th and Sth,
from the Pilot to Judge Heath were
ehown witness, aud lie said he recog.
niZed them as the Pilots letters, but
didn't think that the last letter was
sent to Judge Heath.
The defeuce objected to the intro.
duction of these letters as they were
privileged communications from client
10 counsel
Mr.. Wake commended that when such
letters become known TO third party
tney are no longer privileged; that
these letters came INTO court us n part
OF the Pilots papers. Mr.. Wake pro
dueed authority to show that even il
the letters ban been extracted. no mat.
ter how, from the Pilots they would
no longer he privileged papers aud in
this instance they had been snrren
dered by the Pilot voluntarily.
MIR. Wise deuied this saying that
they come into court under a SUBPOENA
and they were seen 10y the plaintiff by
courtesy.
Mr.. Wake insisted that the papers
had been surrendered -voluntarilv-
although under subpoena.
Judge Prentls asked, Suppose thev
had been sent under seal. what them,
MIR. Wake replied that they did NOT
come under seal, but IN an open box.
MIR, Wise said though the lettors
were in open boxes they were in the
hands of the clerk, the officer of the
court,
MIR. Wake then said Mr.; Gibba
having admitted that one of the letters
was not delivered to Judge Heath #
conid not be clasSed Is PRIVILEGED.
lie also maintained that the first letter
not be considered privilegedsas il was
known to be third party.
THE AFFIDAVIT.
Mr.. Thorn read the affidavit un5o,
which the subpoena in question wac