The times. [volume] (Richmond, Va.) 1890-1903, 1895-06-29

NORFOLK. VA, June 2s.-special.-The
atmosphere in the city Circuit Court
room this morning was quite pleasant
compared with previous days Of the triai
Of the Massey-Pllot libel suit. Every
body appeared TO be more comfor'apie
and IA better humOr, and business was
dispatched with less friction.
The crowd in attendance was larger
than heretofore. People crowded closer
together. ana stood squeezing longer and
with less complaint. Everybody was
eager 10 hear. and few secured step
ladders and utilized them in catching a
view of the great legal battle, at the
windows OF the courtroom
Judge Nicely, I'm his opening speech 10
the Jury said there was "A letter IN cN-
tstcnce which would show that the Pilot
Publishing Company had relied upon rival
companics Of the american Book Com
,auv for help. and had cried. Help me,
Cassius. or j sink" and since then curl
osity has been great TO know Just what
this astute attorney had gotten hold or
There has all along been suspicion on
the part OF the Virginia press that the
alleged libcllous article was inspired. ana
Governor O'Fcrrall made the charge III
rect I'm one Of his published interviews,
and hints TO the same effect cropped out
i'm the remarks Of Mr.. Richard J.. Wake
and Mr. Alfred =. Thorn, In Their open
ing addresses. II was reserved LOT lhe
impulsve but very diplomatic Judge
Ncely. however, to set the public on its
ears.
MR. oIBBs on THE STAND.
Mr.. W. W Gibbs. of the Pilot, entered
the room at lib 4. NJ. Mr. Richard
awaited his
arrival. for he was promptly invited TO
take the witness stand. He did so. ana
said that he was "A director and ofhcer OF
the Pilot Publishing Company. when
owned the Daily and the Sunday lllot
newspaper His positions we're secretary
to the meetings. of the Board OF Directors
and business manager Of the company
At the time of the publication OF the al
legged llbellous article. Mr. sam. " Small
was the managing editor; he had held
this position from the starting OF the
pager to the time he quit april H. ls'')
on December 81. the issue was %'Vn
copies -Four Thousand were sent 10
Mr. X. f.. Byrd. personally. but ne ana
not know they were for CHM q co. nor
did he know that Byrd was agent LOT
that firm.
This last question was repeated. with
emphasis, by Mr.. Wake, and the witness
said
IF am permitted 10 draw distinc-
ton between what / believe ana what
/ know. ] will answer the question. MT
Byrd stated TO me that he was not the
agent of Ginn * Co, although l had helu
a different opinion
DO YOU know anything of this letter
of June Z. 1895, TO Judge James T.. Heath,
In which the Pilot Company taxes the
position -y'
The letter was passed to Mr. Gibbs
who passed II to Captain John ;. Wise.
Judge Walker Informed the court thd'
this letter was one Of two produced by
the defendant company in response TO
subpoena.
Mr.. Gibbs said he recognized the letter
as the first of two written TO judge
Heath. but the last he did not ih.nk
was ever sent him.
Capfain Wise here rose and said ne
objected most decidedly to any more OF
his kind OF thing. This letter was a
communication from the defendant com
pany 10 their attorney. and came under
The rule OF the law that communications
between counsel and client were PRIV
legged. and therefore. are not admissible
as evidence. whether for or against Inc
plaintiff or defendant.
Mr. wALKE DTrTRs
Mr.. Wake denied the correctness OF
Captain Wise's position. rms letter does
not como under the principle on rule oil
privileged communications. of the KIND
mentioned. 1t is a privilege of the client
and may he waived by him, but II the
information itself become known through
other sources through accident, or even
eXtractiOn-it becomes public at once, ana
can be used evidence sny
all the world. because IL Is
TO longer privileged communication
II makes no sort of difference how the
communication l.enme known. 1t may
be stolen, hut IN this case. II was brought
into court by the defendant company, ara
nut into the hands Of counsel Just at thtt
instant 1t ceased to be privileged. That
is the law II was voluntary surrender
on the part of the Plot.
Captain Wisc-"Not at all, sir. This
may De a question of courtesy. These
letters have not been surrendered; they
were given up I'm answer 90 subpoena,
duces tccum and by order Of the court.
Mr.. Walkc-"They brought these pa
pers here themselves. II they had the
right which counsel claims for them
why ala he not so advise them
THr c7uRI's QUESTION.
Judge Prentis- Suppose they had been
brought into court sealed. would they
then have been a rrivileged communica-
tion?"
Mr.. Walke-"Thcy were not brought
here sealed. and they became public. in
SO FAR as the question of pri-'lege was
not then raised The witness mas ad-
mittcd that the irs, lctter was written
and sent by the Pilot Publishing Com
many. while the second vas not. and this.
therefore. does not core within the range
OF the question Of privilege contended
for"
CAPTAIN Wisc-"You say. Mr. Gibbs.
they were sent here by you. and were
given TO the clerk Of Z c court, Mr.. Law
renee Warimg?'
r. r. Byri-"If the Court please was
sitting with Mir. Wariny. and got hold
oi these letters. together with the books.
qnd know that Mr. Waring passed them
10 plaintiffs counsel. a; the request OF
Nr. Thorn"
Mr. Thom-"That Is a fact"
Mr. Wake continued his argument AZ
length and was followed by Mr.. Thorn IN
neat argument Of forty minutes.
Mr.. James l.. Heath Jr.. replied speak
ing twenty minutes.
Nh. wisr's OBJECTIONS
CAPTAIN Wise. in closing the argument
on the objection he had raised 20 the adj
mission o. the letter. started ont with
the word Absurd" which came near
bringing him and Judge Medley together.
AS soon as he had uttered IT, he looked
AT the Judge apoioge;ically. smiled broad
~, and the spectators laughed outright.
the dignfed Nicely Joining in The Cap