The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-07-25

cost us nothing" (Mrs. Johnson, wit
ness for defense, saying to the jury,
as her final statement of the matter,
that Mrs. Massey enid, "Mr. Womack
paid the bills" stc).
Mr.. Nicely, in alluding to the willing
ness of the other side that Mr.. Massey
and bis family should be crushed in
order that CHM n Go. may wipe out of
their path ali book competitors.
The charge that MIR. Massey allowed
Webster's dictionary to DO dropped OIL
the book list IN 1890 is perfectly alb
surd.
THE BOOK CONTRACTS.
AS to the contracts being "inioui
tous"-so blateutly announced as such
In the article-a hush cume over the
deienso when the matter came to be in
vestigated; which contracts bear the
approval OF the law officer Of the State
and the signature Of the Governor.
sAs to the alleged refusal of MIR. Nc.
Gilvary, Secretary of the Board OF
Education, to give Mr.. Byrd copies of
the book contracts, MIR. Mctiilvnry acted
under the advice Of the Assistant At
torDey General, Carter Scott. MIR.
Byrd, however, being told that copies
| would be given with tho PERMISSION OF
| any member OF the Board Of Educa
ton; that copy OF the desired con.
tract reached Mr.. Byrd's hotel before
| he did; that The charge that they could
| not get copy OF the contract without
| threatening maudnmus proceedings
Will not hold, because they have been
furnished copy somo lime before
| that.
Promptly ut o'clock, while Judge
h., al fnl a
court took Il Recess TILL ; O'Clock. Judge
Neely was suffering with a severe cold
! anu snId lie possibly might not be able
10 continue his argument in the nfter-
| noon. Judge Nicely hud spoken for
two and three iUurths hours, making
! one of the most effective arguments
ever heard before Norfolk Jury.
TIE AFTERsooN SESSION.
The court convened in afternoon sea
sion at 3:l5 with an audience not rs
large as that OF the morning.
Judge Nicely was promptly in his
place. He enjoyed fragrant Hnvaua
for while before the jury arrived.
Resuming his argument of the morn
ing, snid he hui finished oil he had
to say about the contract as kept by
| Secretary McGilyary.
|
| Massey and Mauze controversy. lie
said he had great affection for his
| friend, Judge Heath. He knew moth
iuR 10 his discredt; that he has mauy
pncn!nrities; that he is II good man and
he has received his reward III this world
| uud will doubtless have it in the world
| to come. but he won't be satisfied there.
| lie Will ask the Angel Gabriel where Is
the red tape that should regulate tho
| Celestial kingdom.
lie then discussed the Mauze debts
| and the ability OF the creditors 10 col
| lect their debts. He said /. SO hap
pened that there were no visible prop.
| erty of MIR. Masses's out Of whicn the
dcbt could be made, and that Judge
Heath claimed that tins WAS evidence
| of Insolvency. He denied the truth of
the argument aud said at no time since
| $50 was MIR. Massey unable to pay
these debts. He asked the jury to re
view the evidence and see If any other
creditors had come before the Jury ex
cept the creditors Of DR.. Williams ad.
ministrator OF the MauZe estate.
Mr., Massey has challenged them to
produce any other creditors and their
silence must be taken as an admission
| of their Inability to do 80.
HIS RESPONSIBILITY.
He held that the responsibility of n
| surety does not extend an inch beyond
ms legal obligations.
He said these men got their indg.
ment against Mr.. Massey as the snrety
of MIR. Williams. Judge Heath hui
said that a court OF equity would not
make MIR. Massey pny the money a
second time. lie saId that the
court Of equity was bound by certain
rules of law, and went INTO an expluna.
tion OF the manner in whicp DR., VIII.
inms had spent the money for the ben.
eiit OF the Mauze chidreu. lie would
not nave paid one cent of tho money
unless 1t was easier TO get rid of the
matter by paying the debt than by
avoiding the payment.
The moral obligation to pay that
deUt did not exist, and that he was
her to defend It,
Judge Nicely said he cared nothing
for the yards of red tape with which
the counsel for the defense are seeking
to bind the plaintiff and render HIM
helpless.
Judge Neely referring to the stock
IN tho StauntOu Land Company which
Was purchased by Mrs. Massey. said
after MIR. Massey subscribed TO the
stock, he went to the agent
OF the company to transfer the stock to
his wife, which tho agent failed to do.
He then told OF the effort of the