The times. [volume] (Richmond, Va.) 1890-1903, 1895-07-06


Tho usual crowd was In attendance
and the attorneys were In good fighting
shape. having obtained days rest and
recreation.
Everybody was perchcd on the top rang
In the ladder Of expectation. for 1t was
quite natural that on this the last Day
perhaps. which the defence would de-
vote 10 The examination OF their wit
ncsscs. to expect that they would pro-
Once testimony Of material value TO their
side OF the case. How well they succeeded
or failed. the narrative OF the witnesses
will show.
Then. again. IT was known that num-
Der Of prominent men reached the Guy
Thursday night and yesterday. and would
b, pui on the stand for the plaintl1. ahI
The gOssips had arranged programme OF
questions and answers Tor tdch- i"vsc
were discussed and passed around TO De
discussed again, and lent interest 10 i"e
days proceedings. - ooc-
Mr. Massey il more cheerful ana con-
fdent II he was ever lOW-srirltcl anu
doubtful. OF a favorable verdict HIS de-
roearor Is remarked upon by ht"iy
every body who notices HIM ana has s. ms.
enough 10 interpret his actions. Ills IaNc
IS now frequently lighted up by sHiile,
ami his conversations with attorneys anu
acnuaintanccs more animated. II thcie 10
auvfbiuc TO be inferred from MI. Mas
sev's demcanOr. he Is The most cohnnelI
man Ia the courtroom Of receiving d VIII
dication at the hands OF the jury.
sng COURT Is PROMPT.
Judge Prentiss was the first of the court
officials 10 appear. having been III MS stat
some minutes before lV.So o cl1 ~ Clint
The trial was begun by MI lhoh S'a az
ING that upOn investigation, counsel lVI
nlSinfiH vera satisfied that the Alabdlla
depositicns offered 10y defence N'Ie ploP
er,y certified, and ne desired 10 WiihuIa raw
affections 10 their admission. This was
Mr. Richard i. Byrd vas recalled, and
Mr. Sam ". Small examined hin- ne
testified as fellows: ,., of tne
contracts made in reference to the scnvoi
books used in the other states, ana cor, ~
uarcd Them with the contract hiduS ior
this state: found ainere" S,rr ~ a.
of other States ana against Nrsiiha' ,o
MIR Byrd here gave an example OF th gre,
disrreDancy. showing how IT opcrateu
against the school children OF WIZ ma mo-
and the higher percentage Paid ~ ~
people of Virginia as cohpdleu WIZ" ''"
paid In other states. 49,, or,,,,,o nun
ushed I'm the New York World openly az
rns,ng Mr. Massey of corruption anu
1890 Air Byrd # II was true that thit
sT,,cle was published, ana If the article
Mr. Thom objected. ro,,
Captain Wise: We have f1gni 10 prov
~ ths witness whether il is true that tnl"
article was published or not. me Poln1.
vs. further argued by Captain W Use anu
Mir. Neely. and Judge Prentiss ruiea t'a I.
the witness could state v as 1T ' artigle. but
Thai he could not state 1t as TACT '""'
the article was true. A., ,u,,,,,e-
By Captain Wise: DO you DeiieVe INC
do, because | saw the article,
and have IT In my possession. DeneVSu
~ to be true wien read u. ! saw ,nc
letter Of Mr.. classy $ IN rePiy "a ,he
nuhlicatIon. In which he pronouhceu ,he
nutlor a liar and predicted IRE ana Drlih
stone for him. 1t was the oillS usIla .I,
~ The charge that have ever seen ifoni
Mir Massey. 1t is true that every iourth
year OF Mr.. Massey Oaie' ""'
DO YOU know that the statement about
AIR. Womack being In Richmond Just prlo'
to the signing OF me comlra S, ,n fact
Matching The school board, Is trucf
Nr. Wake objected. The Judge ruled
thai the witness could state what ne
knew S as to N W h,N 9 nteSsiens
Re. Captain Wise: ] did see Mr.. Nom-
ack I'm Richmond at that time. i WI.
swear absolutely 10 mat. Inc prt 9oi Vi,
/ took TO be Womack on the msht VI
The 18th (the meeting took place on VI.
zen, MIGHT not have been him. 1t might
have been a case of mistaken uehtl',
ne TO that specific night. but uiu nlect
him afterward and know that lie was
there. ,,. an,
Mr. Wake asked the judge 70 rule our
Mr. Bvrd's answer to questions, slduhs
his motive as to the publication WnlCn
Byrd had made on Wcunesd"s' aS IL ""'
not competent. ,,o,or
Cas,tain Wise: object to your Honor
GOING back and excluding questions tnat
have been admitted without oDJec non 10y
counsel OIL the other slde, mus neiP'"s
them with their case III that way
THE MOTIVE OF TIE WITNESS.
Mr.. Thorn asked his Honor to instruc,
the Jury that all the statements maze ny
the witness as to his mo'''es pe s''0"e''
out. 10 ,,.ou,d in
s,ralct at the proper time, ana woulu pass
on the competency OF each question III
Cross-examlned by Mr. Nicely: Yes, sir
I did think that the deed Of conveyance
OF Ash Lawn" was Fraudulent Know
now trat the deed has been suslaiie ~
nv the court | still believe tnAl Inc
dsed was made so dcfraud his creditors.
I have reason to believe IL from many
circumstances. | did not Know at Ine
time that / wrote the article chafac'ciin-
ing the deed as fraudulent that IL was
legal. | have not since changed my mina
about its being fraud. upon ms cIcu,,
,rrs hut n had known that the deed
had been attacked and sustained wouiu
have so stated 1t In the article; ,,oo,,.
Bv Judge Heath: ] thought, Mr.. Neely,
mai n was confessed that Mr.. Massey
dld make this deed 10 avoid paying uiJus Jus
debts, and that you argued upon .a ~,
point, and stated that You commehueu
Wr. Nicely: / never conceded anything
OF th. sort I argvtd mat MI. MASSEY
made the deed to secure ms just oep'S
-. hat NOR
MFR. Byrd: So far as | knew the credit
ors existing at the time that deed was
made cd not get anything. aituue 70
the Rockingham creditors. ana thous ~
hat they were the only creditors. | do
,ot wish TO qualify any statement that
/ have made. The only thing that know
about Mr. Masscy's trip TO Mexico with
his wife was from hearsay. | have no
actual acknowledge about the trip. or that
he even went 10 Mexico. ! think there
is n statement that ] said that ! had the
evidence 20 sustain the article published.
| used the word evidence In us usuai
acceptation meaning that | could prove
the facts contained In the article IN n
general way. l did not mean that
could absolutely put my hands upon every
deposition or witness In the United states
70 verify every part OF the article. !
am not infallible. and II Is true that
some OF the things stated were hearsay.
am not omniscient. l aid not see Mr..
Marsey pick the money up or see any
body hana II to him. l do not know
. that he g,t II in that sense. I know
that he got II as far as certain facts
could make me know II. | wrote 10
charlottesville for copy of the deed
and also for other information connected
with the deed. and upon the information
received / stated that Mr.. Massey paid
* coo for Ash lawn" Mr.. PAYNE told
ME that Mr.. Massey told him that he IN
lei del 10 give the place TO his wife as
n birthday present. and wanted 10 keep
the purchase OF Il Il secret. so as 10 sur
nrise her. Mr.. Payre's statement now is