Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1895-07-12
The Massey Libel Suit.
AN INTERESTING CROSS ExA NINA
7IOM.

AN INTERESTING CROSS EXA NINA.
IION.
Since our last, the evidence given below
has been elected in the Massey suit against
the Norfolk Pilot, and other witnesses
have been examined. Mrs. Massey was in
court, as a spectator, for the first time on
Tuesday. The court ruled out the eyi
dence from Washington territory affecting
the character Of J. W. Womack, the agent
of the American Book Company, OH which
the defense largely relied. Mr.. Samuel w
Small of the Pilot. was Oh the stand. HI
reiterated his belief in Mr.. Massey's dis
honesty. Aflidavits were read from. Chas
F. Nelson, W. 4. Alexander and ttht rs OF
Winchester, derogatory to MIR. Massey 5
character. Mr.. Massey, it is said, viii
take the stand to-lay:
Witnesses for the Defer Sc.
STATE SENATOR HAL D. FLOOD OF APPOMAT
ToX, ON THE STAND.
State Senator Hal. d. Flood of Appomat
Witness said he had been a member of thu
House of Delegates from 1887 to 1891 and hac
been in the Senate from that time to the
present. He and Mr.. Z. Z. Glass of Lynch
burg, opposed Massey's election as Supt Of
Schools in 1890. Among the arguments usec
by Massey's friends for him then was one tina
he was very poor. Witness supported for thu
place James o. Shepherd of Fluvanna, wht
withdrew from the contest on the night O.
and honesty was very bad. Witness woulG
not believe Massey on oath in a case where
he was interested. On cross examination Mr.
Flood said he was brother in law of r. E
Byrd, and had also acted as attorney fol
CHM & Co., of n T., the rival book agents
Acted as such for them with K. E. Byrd an(
Tazewell Elicit in 1884, Witness voted fol-
him for School Superintendent as the nominee
of the caucus, notwithstanding he did moi
believe him honest and would not believe
him on OATH A. j. Parish of Albemarle
managed Massey's canvass before the legis
lature for the Office of Superinte ndent Of
Schools.
THE AUTHOR OF THE PILOT PUBLICATION
AGAIN ON THE STAND.
Mr.. R. L. Byrd, the author of the Pilo
publication, was again put OH the stand
Witness was an attorney for CHM & Co. il
connection with Flood in 1894. Had mucl
difficulty In getting notice of meeting of State
Board of Education. Went to Massey and
told him that suspicion attached to him in
connection with j. W. Womack and the
American Book Company. Massey said there
had been some suspicion attached to his
transactions, but his conscience was clear
upon the subject, he had travelled in com
pany with Womack. but it was going to ar
educational convention in Toronto, Canada
and numbers of other people had sc
travelled. Witness had difficulty in getting
to look at the book contracts, butafter threat
ening legal means they were sent to him
Told Massey that in order to show that he
(M) had done nothing wrong in 1890 he (M)
should have an open competition in 1894
Massey promised to call meeting of the
Board and give witness hearing. The meet
ing was May 18th. Witness found the con
tracts had been made March 18th. Asked
Massey who drew up the contracts in March
Massey said he did not know. Attorney Gen
eral Scott, member of the Board, said he
had never read the contracts adopted in
March. In December witness saw Mr.. Small
was investigating the connection of the Board
of Education with the American Book Com.
pany. Witness went to New York and con
suited with CHM & Co., and they concluded
witness had better publish the evidence he
had gotten. CHM & Co. paid his travelling
expenses and his fees while conducting the
investigation, but did not pay for publishing
the article. Sent them some copies of the
Pilot containing the article for which they
paid him. Witness believed the statements
he had made in the Pilot article to be true.
Massey's reputation for honesty and truth
was bad; would not believe him on oath in a
case where he was greatly interested, might
possibly believe him if he was not much in
terested. Had no malice against Massey in
writing the Pilot article.
CROSS EXAMINED BY MR.. MAssEY's
COUNSEL.
Mr.. Bryd was then turned over to plaintiff s
counsel for cross-examination, which was
conducted by Mr.. Nicely. The first question
was where Mr.. Byrd got his information as
to the judgements that were docketed against
Mr.. Massey prior to the Rockingham judge
ments. Witness answered, saying from q
gentleman in Charlottesville. He was then
asked if he meant to say that the deed to John
I. Massey from John E. Massey was fraudu-
lent and said he thought it was.
Q.-lIad you or not at that time access to the
records of the court in which that deed had been
sustained by the judgment of the court in a
suit brought to attack 1t? Al wrote to the
gentleman who gave me the information and
he sent me statement of the provisions of
this deed. Ibid not know at that time that
the deed had been sustained. know it now.
o. understand you, in response to Ger
tain questions which were propounded to you
from time to time, to state you reiterated your
belief in this article? Ayes, sir.
Q.-You believe it to be true now? A
What to be true?
Q.-That this was a deed made in fraud
of his creditors? Al have reason to believe
sir, thatd deed was not just one, and believe
still it was intended to cover up his property
to keep these Judgment creditors from getting
possession.
Q-Would you have made this statement if
you had known that question had been adju-
dictated by court of record? A-That would
depend entirely upon the evidence and how
carefully Mr.. Massey had been able to cover
up his tracks, and other things.
Q-But you did not know at the time you
wrote this article that that matter had been
brought into litigation? A-No. sir, 1 did
not l think if had known that l would
have added that to the article.
Q-Was there any difficulty in informing
yourself in regard to the question whether OF
not this deed had ever been attacked and sus-
tanned? A-There was no difficulty at all
aboutit if had known anything about it.
wrote to a gentleman in whom | had conf
dence in the city of Charlottesville, and he
gave the information and did not tell me it
had been attacked and sustained.
Odd you ask him any questions about