Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-09
WHAT HE OFFERED TO PROVE.
The Book CCmpany'S Counsel Denies One
Of His Sweeping Assertions.
WITNESS LEACB's TESTIMONY.
Mr.. Thorn Puts In Many Objections
20 Questions and the Court Sus-
The Old Washington Matter.

-
itself along. 50 many important ques-
tions arise from day 70 day, and there
are SD many differences among counsel
,n the case that the progress. especially
during the past few days has been slow.
The defence cannot well conclude before
wednesday, and during the balance of
their time they will. it is believed, exert
every effort 70 get in all the evidence
that they can which VII tend TO show
conspiracy between Messrs. Massey and
Womack.
To-day has been a day Of legal bat
ties Postiferous contention for the adj
mission OF testimony was the order OF
the defence, while the plaintiff made
vigorous and continued objections. There
wac a great deal Of argument, and some
references TO authorities. and these
features consumed nearly all the
time Of the court The only witness
heard was r. NJ. Leach. Of Washington.
who came here to testify as to an alleged
case of attempted bribery in that state.
NOTED SPECIAL EXCEPTIONS.
At 1880 o'clock to-day the court was
called to order. The attendance was
smaller than usual. but all the lawyers
in the case, except Messrs. Small and
Byrd. were present. Mr. l.. II. Leach
Of Washington was placed on the stand.
Mr. Wise was the first lawyer to adj
dress the Court lie said that on Satur-
day evening, as the court was about 10
adjourn. he noted a general exception TO
the exclusion Of the question and an
swer concerning conversation had be-
tween the witness and Mr.. Womack on
April 6. 1890 regarding Mr.. Massey and
the Virginia book contract Counsel
stated that he now desired TO note "a
special exception 10 this exclusion and -
the language used by Judge iTentiss In
passing upon this question. Mr.. Wise
thought this language was calculatN to
influence the jury. although he Knew
he said. that his Honor would not have
dove - Intentionally.
Judge Prentiss said that the jury could
not consider anything he said I'm the
matter. He was at the time simply adj
dressing counsel and the witness. He
had TO pass upon the law in the case,
and the jury TO pass upon the testimony.
Nj Wise here offered letter signed by
j. W. Womack. and asked the witness u
he recognized the name at the bottom as
The Signature OF MI. W Olld'h. 'pHhS'i
for the plaintiff objected. ana the jury
was taken out Of the courtroom.
WHAT WISE HAD PROVED.
Mr.. Wise said that ne regarded that the
piece Of testimony vas perfectly compe-
tent. lie had proved. he said. by three
senators of Virginia, three members OF
The House OF Delegates, four Common
wealth attorneys, and others that Mr..
Massey was a man OF bad reputation,
and that they would not believe him on
oath Counsel for the defence had proved
7 great many suspicious circumstances in
connection with MIR. Massey. continued
MIR. Wise, and he thought ii was proper
for them TO now show the character of
the man involved with him in the alleged
conspiracy before proving, by circum-
stantial evidence. the specific act in ques-
ton. Mr.. Wise spoke Of the alleged re-
ceipt by Mr.. Massey of large sums or
money Immediately upon the award Of
the book contracts. whereas, prior to the
time Of his election as superintendent OF
Public instruction his election was being
urged upon the grounds Of his poverty.
Mr. Wise said that the counsel for the
defence would epdeayor TO show that Mr..
Massey had kept his money in a Sc
GREETED box which no burglar in the world
could rob
WHAT HE WOULD PROVE
Mr.. Wise talked az some length. con-
tending for the admission OF the character
D. evidence he wished 10 Introduce. He
gave ln o atai a statement which he eX-
pccted 10 and offered 10 prove. He said:
II oncr TO prove the Identity Of this
letter. l offer 10 prove by the witness
that J. ". Womack and his agent Il. l..
Edwards. employed a detective. who Of
ierei and rendered and gave to this wit
ness in t.c state Of Washington a check
Tor so'u'. dated June 10, 1880. and signed
by {. -. Games. another detective. and
endorsed by Charles T.. Lawton, Lieu
tcnant-Governor OF Washington, counsel
for the American Book Company. |
also oIer To- prove that Womack and
Edwards were indicted: l also offer in
evidence protested sight draft for 500
signed by Il. l.. Edwards, upon the
American Book Company to pay the de-
tectives for their services: | also offer 10
prove by letter. 90 be submitted that
the American Book Company. through it's
general Paciiic-c coast agent. denounced the
conduct Of j. W. WOmack as amazing
and outrageous. ana stated that u could
not realize how man Of the experience
OF J.. W. WOmack could De so depraved
as 10 make such an attack upon Mr.
Leach"
Extracts were here read from this let
ter in which Mr. Gum. as the agent
aforesaid. went on 20 say. I've are for
ever rid Of those two fellows" CWomack
and Edwards Mr.. Wise stated that he
proposed 10 show that at the very time
that this letter was written by The
American Book Company Womack was
IN Virginia representing that company.
though said company was repre- senting
tina, nc was not in its employ, and would
probably never be In the employ OF any
other publishing house again. Mr. Wise
SAID b. would further prove by the wit
uess that he U.eake) was sustained in
this Washington bribery matter by the
Governor Of that State. and by the
State Board OF Education.
MIR. NEELY'S REPLY.
Mr.. Nicely cOntended that what the
American Book Company had said about
Mr. Womack's not being In the employ
Of that concern should not be admitted
any more than the statement of anybody
else. IL was hearsay He protested
against the admissihlity Of any testi-
mony which was departure from the
principles laid down by the Court all
the way through this case. what we
want" said Mr. Nicely. Fin this contro-
yersy Is the white light OF truth shed
upon us, and we viii not shrink from
the glare Of IFS turning ON. The~Ameri-
can Book Company is not a co-conspira-
to- In this case, and they cannot be
brovgh; into a. The difference In this
matter ~ that between 4 statement and
= fact"