Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1895-07-12

NOW. whether the creUlCOfS allegeu In the
first deed were paid or not l don't know. I
knew one of them was his brother-in-law.
Q.-But you didn't qualify it in your state
ment by saying it was the Rockingham cred
itors? Al did not because there was no
necessity for saying that.
i On another paragraph in that article
you say, Gin the same year taxes were due
upon his judgment-proof estate of Ash Lawn.
lie went to the Treasurer's Office and paid
these from large roll OF bills" Do you
know that as fact? Al knew it from a
statement of a gentleman in whom l had
confidence. was not there when it was paid
| Q.-You knew it from the statement of a
gentleman who was there? Al don't know
even, that the gentleman was there. l put it
in there because of the statement of this gen.
tleman in whom had confidence.
| Odd you take the trouble to make any
inquiry from the Treasurer himself as to the
truth of that statement? Al did not; but
the Treasurer had made a statement to this
gentleman ON the subject and did not think
it was necessary.
Q.-You further state, ''then about June he
and his wife took long, extensive and ex-
fpensive trip to Mexico" What do you know
about that statement or what did you know
about it when you wrote 1T? A.-The only
thing knew about it was what heard 1
don't know whether he did or not. heard it
and believed it at the time. 1 don't know
whether he did or not.
i Odd you Or not have any knowledge by
hearsay or otherwise of the time Mr. Massey
contracted his second marriage? A@Yes, 1
had general knowledge of what time it was
from hearsay.
Odd you undertake to compare the date
of this trip to Mexico with his marriage, to
see whether he was married when he made
the trip? Al thought he was married in
the early part of the year 1890, but it turned
out he was married later on.
] -Q.-Then. as matter of fact, he was not
married at the time he went to Mexico? A
don't even know he went to Mexico.
i Q.-You didn't take the pains to find that
out? A.-No, heard it and thought it was
true.
Q.-Is it not fact that somewhere in this
paper you alleged that you had the evidence
to prove these statements Al think it is
very probable there is such statement in
| there.
| Q.-By evidence what do you mean? A.
l meant this that if necessary I could pro-
duce the proof of the matters there in that
publication That's what meant by having
the evidence ready.
| Q.-Then you did not mean what you said Z?
Al do not mean to say 1 could slap my
hand right down on dispositions all over the
United States at any time, but that these facts
! cd r
! Q.-But you have already admitted you
couldn't prove one of them? Al was mis-
taken. I am not infallible.
Q.-Then you did not use the word evidence
in the sense lawyer is supposed to use it
when making serious charge? Al used
it in the ordinary acceptance to make 1t intel
| ligent to the people who would read that
article. Imeant that if it became necessary
/ could prove these facts. Now it turns out
there are several OF these facts that can't
prove, so it shows l was mistaken.
| Q.-Then you meant the word evidence was
Synonymous with the word rumor? A.-No
sir.
Q.-It was hearsay evidence, not even at
first hands, because you repeat this statement
about the payment of the bills, when it was
not made by the man who saw them paid?
| A.-NO.
| Q-What sort of evidence do you call that
A-Technically speaking suppose it would
be hearsay evidence.
Q-You have made statement here to this
effect that 'four years after, in April, 1894,
Immediately after another four years con-
tract with the American Book Company,
Massey got upwards of $1,000, which he in
vested in valuable real estate in Charlottes-
Vile and presented to his wife, What do
you mean by the word "got'' there? Alt is
word of very plain significance. 1t is an
Anglo-Saxon word, meaning to get hold of,
getting possession of, to get.
Odd y gu mean that in contradiction to
the word "had?" A-No. got, and then had.
Odd it mean both got and had ? A-No;
what meant to say and what is true is that
he first got it and after he got it he had it.
Q-When did he get it? A-What does it
say in the publication Counsel here reads
the article again.] Ale got it in my opln-
ion at or about that time. did not mean to
say he got it on that very day.
Q-You do not mention the day? Al be-
lieve he got it some time in April.
Q-iou say. Immediately after the four
years contract" That was matter of be-
lief? A-No, sir.
Q-How can you prove it? A-Because I
know the contract was adopted on the 18th of
March and know he purchased this property
about the time l speak of.
Q-Do you know that lie got it in the sense
that he had it, OF got it at the time you say 2?
A-When you ask me if I know it, do not
| to- T 1uic I 20 1y q r.
rive at conclusions from the facts in my pos
session. 1 did not see Mr.. Massey pick up a
bundle of money and in that sense did not
know he got it in that way. infer he got it
from the circumstances attending the transac
ton, which will detail to you if you desire
me to do so and explain my position.
Ono, sir, do not. l only asked you
one question and that was whether you
know he got the money at the time you stat
ed? Add not see him pick the money up
and did not see anybody hand it to him.
O. will ask you another question: Did
you, by the language you employed, mean to
say anything more than that it was your be-
lief he got that money in April, 1894, or about
that time? Aft you are not certain of a
fact that is the only thing you can have, the
belief that the fact exists. unless you come
into the possession of it by the evidence OF
| your own senses. did not see Mr.. Massey
pick the money up. had reason to believe
he got it improperly from facts that came
into my possession.
Q.-All of which being interpreted means
your belief which you were stating, but not
your knowledge. Am right? A.-Perhaps,
technically speaking, you are right. don't
want to bubble about word.
Q.--You also state in this same paragraph
that heinvested this sum of $4,000 in valuable
real estate in Charlottesville and presented it
to his wife? Ayes, sir.
Q.-As matter Of fact, do you know whetll-