Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-06-26

tries 70 make money out Of a matter
like this u showed that the charge was
ma.iciousiy made.
Defence claimed that the matter refer
cd to by Mr. Thorn was published suose.
ouent TO the alleged libellous article ana
was not admissible.
Mr.. Thorn held that he would prove
malice when II was shown that the Pilot
people tried to make money out OF 'nis
affair.
The Court suggested that Mr.. Thorn
confns himself 10 what he Intended 10
prove In the case.
Mr.. Thorn said that was just "hat ne
intended to do.
Right here was n TIT between Mr.. Thorn
and Captain Wise. growing out OF the
| statement Of the former that the oe-
PENDANTS had shown disposition In tnis
case to retreat.
Capiain Wise replied that General Joe
Johnston was a good general, ana ne
was also good on retreat: that the
defendants were here now with both
feet"
Mr.. Thorn said that he preferred the
gcneralship OF Robert Il. Lee and stone
wall Jackson.
Captain Wise retor;cd that they sur
rendered before Joe Johnston did.
MIR Thorn replied again. and Captain
Wise understood him 20 suggest that he
(Wise) had reflected on Lee and JackHon
whereupon. Captain Wise said: III you
think that you respect the memory or
General Lee more than / do. you had
better begin at once 10 introduce your
evidence to that effect"
Continuing. Mr.. Thorn said. he would
prove that the author of the Pilot article
was Mr.. Il. T.. Byrd the disappointed
agent OF a bidder for the public patronage
in Virginia-Ginn q CO., of New York
and Boston-and that there was an agree
ment between this firm and the Pilot
newspaper Wy which the former would
stand whatever damage that accrued 10
the Plot from the publication Of the
article.
The speaker said In regard TO the claim
that as surety on the bond Of an admins
traitor Mr. Massey had not dealt justly
with certain persons. the plaintiff would
show that In equity those persons had no
claim against him dhis is the case in
which judgment was given against Mr.
Massey. and that no other person on
the earth I'D Mr.. Massey owe cont
His side would show that Mr.. Massey
paid his own expenses To Canada: that
he had always been thrifty person
They would show that Mr.. Massey did
not receive any money from the Ameri-
can Book Company. and that the con-
tract with that company was advan-
taseOus TO the State OF Virginia. They
would show. he said. In conclusion. that
this Is an attempt on the part OF CHM d
Co.. of New York and Boston-disap-
pointed bidders-to strike down one Of
the chief officers of this State II is on
this issue. he said, that the plaintiff would
ask the enlightened judgment OF the jury.
Judge Heath. of the defence. arose at
the conclusion of Mr. Thom's speech.
and said that as il was but half an hour
10 adjournment he would be glad IL the
court would adjourn till tomorrow morn
ing, end II need be, begin half an hour
earlier.
The Court replied that il could not begin
any earlier than 1880 a. NJ, and then adj
journed until that hour.
Tomorrow Judge Heath, upon the open
ing of the court. will proceed TO state the
case as the defence expects 10 place il
before the jury. This presentation by
Judge Heath of the plan of his side will
doubtless be highly interesting. and may
consume about an hour. At its conclu-
sion the taking Of evidence will begin.
Judge Prentis having stated yesterday
that the matter OF conspiracy can be in
PRODUCED and the facts concerning time
proved the range Of evidence will he
wider than ii could otherwise be. The
taking of testimony will consume several
days.