Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-20
The MaSSey-PllOt Libel Suit Nearing It's
Close.
ARGUING A TECHNICAL POINT.
Viii Probably Be Given 10 the Jury
Next Thursday.
MIR. BYRD WOULD NOT CONFER.
The Defence Introduce scNer"i WIZ
nesscs 20 Impcnch the Ics'ihohy
of the PinintiG-Ihe NaShinR'"h
xatter Agnin-Mr. Wise bniled.

NORFOLK. VA. July 19.--(Special)-It
looks as II the Masssy-Pilot suit Is now
nearing an end. To-day the morning
hours were spent in argument upon the
competency Of the defCnce's placing GER
tain witnesses from Albemarle county
upon the stand 70 lmpcach the testimony
Of the plaintiff. The Court decided that
this was the proper time for such evil
dence % come In and five gentlemen from
Albemarle county went upon the stand
and testified that in the community in
when they resided Mr.. Masseys repu-
ttfion for truthfuln'ss was bad, and that
they would not believe him on oath. At
The same time the plaintiffs counsel show
q that two or more Of these witnesses
possessed some reasons for possible pre-
judice against the Superintendent Of Pub
j. Instruction.
Tomorrow instructions will be drawn
Up and the case viii probably get to the
Jury by next Thursday The Court. the
fury. and the spectators are getting tired,
and the proceedings, while sim fraught
with general interest. are ut the same
time a repetition OF a lot Of character
imputations and denials To-day was ex-
ceedingly dull. and ,he whole OF the pro-
cecdlngs possessed but little spice or i'm
rortanco. either one way or the other.
Proceedings In Detail.
The court convened on time, but many
prominent characters who had been in
attendance for many days past were not
present The venerable plaintiff and
every member Of counsel in the case
mere present. As soon as the formal pro-
,eedings Of opening the court were over
Sir. Thorn. for the plaintiff, resumed his
argument against allowing new witnesses
90 be put upon the stand by the defence
20 attack Mr. Masseys Crcdiblity as
witness Mr. Thorn took the ground that
Me defence could not attempt to cumu-
late their evidence after the plaintiff had
governed his case according 10 the tesu-
gOny Of the defence. The bringing in Of
lot Of new witnesses at this time to
make out a new case against Mr.. Massey
would mean necessity 10 adjourn the
Jury. halt the case. stop the court. and
put the plaintiff 10 the great expense Of
bringing large number of witnesses here
20 sustain his credibiity. II was a dan
Porous principle In conclusion Mr.. Thorn
cited some very recent authorities. and
asked the Court. I'm view OF the great
mount Of time the case had already con-
Iumed. IN view OF The great expense, Of
,he severe taxation upon the jury, the
Court. and the counsel. not to permit the
Eitnesses referred TO TO be heard.
SMALL HAS \ WORD
Mr. Sam W. Small replied to Mr.. Thorn,
Iayng that MI Thorn had entirely the
wrong view OF this matter, in the i'm
preston that the defence should not
lmpeach the testimony which had been
heard So far the defence had only gone
nto the question Of MIR. Massey's general
reputation. Now after the plaintiff had
concluded his case II was the only time
when the defence could properly and le-
gally place witnesses on the stand for
the purpose OF impeaching the testimony
OF the plaintiff. There was no time IN
which the defence could have done this,
EXCEPT this very time Mr. Small denied
that the defence were making fanciful,
glitterng distinction. as plaintins coun-
Eel had asserted IL was plain question
Tins side Of the case was the side which
had concluded: now the defence certainly
aad the right 10 mpeach testimony.
The Judge said here that IL was plain
that the question was one whether or
not Mr.. Massey would be believed on
oath. and II this sort Of testimony was
admitted the plaintiff would certainly
have the right TO put witnesses on the
stand In rebuttal
Ttlu M
what the defence had offered I'm evidence
ana of the status of the case as he I'M
lerstOod II.
Mr.. Wise continued the argument upon
he point for the defence. He said that
he plaintiff had not been brought upon
ne stand until after the direct testimony
If the defence Al that time IT would
lave been impossible for the defence prior
70 that time 10 impeach his testimony.
Ic added that the question of Mr.. Mas
scyss honesty or dishonesty was brought
- in the examination for general reputa-
l0n but that now the question was one
II his MasscyO truthfulness or UNI
.ruthfulness. Mr. Wise said that he pro-
posed To show by the Witnesses which
re would introduce that the plaintiff
could not be believed on oath.
other argument was INDUCED In by
Mcssrs Wake, Mr.. J. r. Heath. Jr, Mr.
q. j. Byrd. and Mr. Nicely.
RULING OF THE COURT.
The Court, after looking over some
authorities. rendered his opinion. II said
hat this was clearly the time in which this
testimony should properly come in. II
was one OF the distinct principles Of law
that evidence offered 10 impcach the teS-
tmOny Of "A witness must follow the
evidence Of said witness. THE defence
may put on the Witness" added Judge
Jrentis
Here Mr. Wise asked that counsel for
the defence be allowed 20 put Mr. Rich
ara T.. Byrd, on the stand 10 reply 10 GER
tain points referred 60 by Mr. Massey.
which Was new matter injected into this
case.
Mr.. Byrd denied that Mr.. Massey had
said 10 him upon the occasion OF his
visit To plaintiffs house after the book
adoption that he Massey had his own
team and would not ride into town with
him Byrd. Mr.. Wise tried TO get any
further statement that MIR. Byrd might
have 20 make Counsel for the plaintiff
objected This was sustained. whereupon
Mr. wise asked permission 10 confer
with Mr. Byrd in the hail. This Mr..
Byrd refused 10 do.
Mr.. Wise said 10 Mr. Byrd that he had
heard Governor O'Ferrall say that ne
BYRD was the FIRST person to inform him
90 FerrdlD that Mr.. Massey had been
tribed In 1890. and asked the witness for
Obs version OF that conversation.
Mr. Byrd replied. Governor OFerral
and my family were on very intimate
terms lie had been entertained at my
tome. and | had at his. ! placed him In
domination before the congressional con-
af ON limo nd 4 txfg Looked