The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-05-14
IHE hASSEY-PIL0I SUIT.
Mr.. Massey Comes to Scratch in
Fine Shape,
The Defense Ask a Continuance Till
November, Because Not Prepared
for Trial. Their Position
Rather Astonshes the
Interested Public.

ing, JOuRo Iftuls FrShtulDS' me
counsel for the plaintiff were the first
to put in an appearance, Messrs. Thorn,
Neely and Wake, arriving about TWEEN
sy minutes to Ii o'clock. At ! i O'Clock
sharp, lust before Judge PrentiS took
his seat, Judge Heath, Dick Byrd, OF
Winchester, 5. W. Small and;Capt.
John ;. Wise walked In and took seats
near the other lawyers engaged IN the
csse.
Mr.. Wise was very cordially received
by his acquaintance of the Norfolk
bar and cracked n few Jokes with Mr..
Thorn while the court WAS being
opened. The third case on the docket
was the suit of Massey against the
Pilot, Judge Heath asked that Jno. ).
Wise and Richard Byrd, be entered as
counsel for the defense, also that Stgrke
& Stsrke be entered as counsel for MIR.
S. Q, Collins, one OF the Pilots direc.
tors. Judge Heath then moved Tor
continuance till the next term IN No
be was not ready for trial the absence
OF important testimony. He said that
under the law he would have TIL the
18th day of the term to file his pleas
Judge Prentis SAID. under the rule of
the first day OF the term, then TO fix u
date for trial.
Judge Heath made lengthy argu.
Eent, stating as reason for his mo-
tion for continuance his inability to get
dispositions from Charlottesville, which
were very material, and that ali due
diligence had been used to secure them.
Again, many of the witnesses. SAID he.
live ,,f tho IN, vel A rnt1lI m l,n
had in the time which has lapsed since
the declaration WAS filed. lu regard
to the Charlottesville dispositions, said
that Mr.. Byrd hai recently gone to
Charlottesville for the purpose, but
the authorities would not allow him to
stay III the city, because lie was from
Stanton, where smallpox is now rag.
ing, Charlottesville having QuatantIued
against that city.
Mr.. Byrd explained that lie took de.
posltlons IN Stanton, but could not III
Charlottesville for the reasons assigned
by Judge Heath.
Capt. Wise said he was anxious to
try the case, but before being employed
he had known nothing OF the charges.
and that on account OF the importance
OF the issue he desired time to become
acquainted with all its details, and that
he had not consulted with the counsel
associated with him. Ee further said
that the death OF friend Of ms. Mr..
Seldom, of Powhatau county, who had
directed that lie should administer
upoh his estate, required hIz presence
at the court of that county next Mon.
day to qualify. He would have to be
In New ork IN the next few days OIL
matter OF business and asked for con
tlnuancs for these REASONS.
MIR. Thorn replied that he was W Ill.
ing to accommodate these gentlemen,
but that the case is entirely too i'm
portant to admit OF any delay. He was
instructed by his client to urge trial
now. This old man., an important
otete official, Is entitled to speedy
trlal. We believe he has been libeled."
MIR. Thorn seld that the Pilot and tie
lawyers were not agreed; that the Pilot
lad said that they were ready. He
then quoted from the Pilot, published
since suit was entered, to show that the
paper was thirst!ng for chance 10
turn on the light. hfsa.G
MIR. Ihom said that on the 18th of
Apr! counsel for the defence lad
asked for continuance, aud he then
assured them that he would resist any
postpoDement. There was distinct
notice as eariy as the 18th OF April,
that we would press for trial and N
spite of that fnct they ask for con.
tinuance, because they are not ready.
NO effort has been made to get Wit.
nesses here.
Mr. lhom said if their only excuse
10 that witnesses live over 100 miles the
court is not nOmpella1 =, t.j,a .ho,-