Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-10
RS. MASSEY'S BROTHER.
he Threatens to Hold Mr.. Wise Respon'
Sible for ImputatiOnS.
THE DEFENCE RESTS ITS CASE.
The Proceedings Rather SP''S
Throughaut--Thc Money i"f
charlottesville House and Lot, ana
Where IL Game FROM

4
Desses.
To-day at 1915 Mr.. John S. Wise. made
,bo announcement that the defendants
would only have one other piece OF tesu-
mouy 20 offer. This would be In the
form Of DISPOSITIONS from South Carolina,
and could be submitted later on by per-
mission Of the Court. This point had
been eagerly and impatiently watched TOT
for several days. but in view OF the hhes
OF procedure II came rather suddenly
The plaintiff. therefore. this afternoon
put on his first witness Bachelor-f FARMER
Macon-one OF Mr.. Massey's nearest
noighbors. I'm Albemare county Wit
ness No. ? was j. II. McCreary OF Ala
hama. a brother Of Mrs. Massey, who
came along 10 tell whence Mrs. Massey
rot ~ large part Of the money paid upon
tba- Charlottesville house and lot. which
f,ulrcd throughout this suit. Mr.. wise
subjected this gentleman TO most
searching examination, and was very vex-
ing 10 Mr. McCrcary when he asked
him as 10 his returns 10 the taX-assessor
in Monroe county. Ala. and minated
that he might not have put down every
thing that he ,witnesD had upon That
list.
BECAME VERY ANGRY.
Mir. McCreary became very angry. and
told Mr. Wise that ,e would not allow
him 10 intimate that he would swear to
an untruth, and would hold him respon-
sibls for such an imputatiOn. Nh. Wise
replied by saying that they could talk
about that matter when he Air. Nc
CrcaryD was through testifying The
Court directed the witness To answer the
question. and told MIR. Wise not to barter
with Mr.. McCreary.
The day was spicy and fun Of interest.
and was one IN which the defence got In
fl a roundabout way parts OF great deal
OF evidence which the Court had pre-
viousy excluded.
Mrs. Massey occupied seat within
the railing during the latter part of the
proceedings and Ex-Governor William T..
Cameron was present throughout the day
IL was Mrs Masseys first appearance in
the courtroom since the trial began.
The court convened little later than
usual to-day. and the first thing in ord y
was 10 retire the jury that Judge Prentiss
might render his opinion upon the admis-
sibility of q certain part Of the deposition
of Mr. Lovell. the New York publisher.
which was read before the court just be-
fore its adjournment on Monday evening.
and which had reference 70 the alleged
borrowing by Momack Of 500 from I.Ovell
and 10 his promise TO do what he could
to have the Graphic cOpy-boOk plac 4 upon
the school-book list in Virginia. The
Judge ruled that this part Of the tesli-
fmOny wa clearly nadmissiblc on the
same grounds stated by him In reference
10 IN, introduction OF the evidence con
corning the alleged attempted bribery In
Washington The Court said that Lowell
had failed TO show any criminal associa-
ton between Messrs. Massey and No-
mack save, as counsel for tn defence
contended. by series OF suspicious cir
cumstnnces Mr.. Massey. the Court held,
could not be brought into or bound by a
conversation In which he took 40 parcel
or part.
Ex-Judge Heath asked If tn Court
would not hear further argument and au-
thortles upon the question. and the Judge
sald that ne would hear the authorities
read. hut that he did not ear. TO hear
further argument Judge Heath then
handed up an authority which Judge
Prntiss said he could but understand 10
sustain his ruling Exception was noted
To the decision of the Court
FIRST WITNESS
The jury was brought in and Mr.. W
a. Jenkins principal of the Portsmouth
High School. was placed on the stand.
He had he said. been teaching for six
years. and had examined into the merits
OF Harvey's Grammar. and had commu-
nicatcd his views upon IL TO Superin-
tcndent Massey. He was opposed to It's use
in the public schools. The book was pub
lshed by the American Book Company
Witness knew that one Of his letters 10
Mr. Massey upon this subject reached Mr..
Massey
Witness testified that he knew j. W.
Womack. This correspondence took place
In March and after that Mr.. Womack
called upon him.
What was Mr.. Womack 5 conversation
with you?"
1--WE object" said Mr.. Thorn. and the
objection was sustained.
I'VE except replied MIR. Wise.
You can ask this witness as TO the
object OF Mr.. WOmacks visit 10 YOU"
determined the Court
To this Mr. Nicely objected, but the
Court was firm. and after a great deal
of wrangling. the witness. after saying
that he could not tell the object of Mir
Womacks visit without telling what he
said. added IN reply 20 imperative ques-
tioning from MIR Wise that Mr.. Wo-
macks object I'm coming 10 see
him was 10 ask him If he would not take
a position with the American Book Com
pany during the coming summer.
Mr.. IL. l.. dc lea was recalled. and
Dir. Wise questioned him as To con-
versation between the witness and j. w.
Womack. In which the latter was alleged
10 have told MIR. de Lea not to remain
In Richmond, as he (WomaclO would
look after his book interest as he had
a pull on Massey. and the latter would
have 70 do as he wished him to.
Counsel objected 10 this. and the Jury
again retired The question was promptly
ruled out. because Mr.. Massey was not
present when The conversation was al
legged 20 have taken place. The defence
excepted.
THE FEATURE or THE DAY.
The feature of the day was Mr.. smalrs
testimony. IL was given with consider
able vivacity and spice.
Mr. Small said tina; he was one OF the
defendants IN this suit. and was at the
time OF the publication of the article
complained OF the managing editor OF the
Norfolk Pilot The eYangelist-editor
told OF his different positions in the news
paper business. AT the time the publ
cation vas made he believed that the
statements were true from the evidence
h. had In hand.
What led YOU 10 believe those state
ments were true?" asked counsel for the
defence
After ! became managing editor OF
the Pilot | believed Ii To be nay dlty to
look into the public affairs. both of the
city and the state l had received let
,ers and communications, as ali editors
DO touching almost all public questions.
and one 81 these topics was the conduct
OF The public schools OF Virginia, ! then
began an Inquiry on this line
The witness said that ne, through
friend Ia Richmond looked into certain