The times. [volume] (Richmond, Va.) 1890-1903, 1895-06-30

morning at j0.D AIR. WISE arose and in
formed ihc Court that the defence did
not desire to make any admissions which
may make Ar. IL. p. Byrd hablc 20 crime
inal pr 3secuuon Tor libel. but was willing
10 admt Tor the purpose only OF these
civil proceedings tha- Die was the author
OF the article OF December -. 1880.
Air. Thom announced that the plaintiff
desired 20 consider the matter htle
further
2lT. Wise replied that he wanted this
fact OF the authorship of the article in
these proceedings 10 bee treated by the
Court as mater OF record, whether the
same is proved or not.
judge prenus asked Captain Wise n ne
desired The Court to ptlss upon this qles-
ron before the proceedings were proceed
81 with
Mr. Th0m. "No. sir We desire first 20
take thls matter il consideration i wish
- call hir. Gibbs to che stand and ASK
him "a few more questions before nis
cr,Ss-eXaminalon.'
AIR Gibbs tne blsiness-manaser OF the
Pilot Publishing company was ie.auea
and in answer t0 an inquiry stated that
De began work FOR the company t1e latter
law OF October. lNi, when ne took chai8t
OF rne business financial, mo enahlcai
and advertising lepar tments or me paper
IIe thought Nr smal made up me forms
of the par.r. Tne bundle of manuscript
referred % in his testimony yesterday
came in ny maiA Mr. small .o.l mn ll
D. was matter for the book trust article.
Hc dil NOT read tnc paper other than tne
advertising columns. but an me pils
came under his eye. The hands were
paid by the nouayeepcr.
SIR small here asked leave 90 examine
the witness, who. ln answer 90 questions
said.
TxA,iISFD nX MR. SMALL
sir Small hai charge Of the editorial
and news departments OF the Pilot, IT'S
editorial policy was fully under hls coh-
troll. and Was to Dee directed Wholly py
him. general line of policy was agreed
upon. hy which Doe was 90 Doe governed
Ills actions Wcre therefore. controlled
and subject % other influences than ms
VIII. + think. ] mean thdt nc could not
at VIII change the policy OF the payer
that is changing 80 from Pfompiuon-
Reform paper into Democratic or lte-
publican paper. This would have required
ihe consent of the Board of Directors.
With reference 10 This particular matter
ST. small caiiei my iiei, non 70 ,,.,
chat hc had received me m"hlr'ill'';
and said this was the matter tAat Wouii
turn down one American Bokk company
THAI is how 1 came I'D know au- mug
about &C. ] do not rccoIlcot that Dee ever
read ID me any extracts from this article
When the second batch arrived, ne told
me s. was all in ,,,
To Afr Starke. counsel for Mr. Colnns'
"a stockholler in the Pilot:
There were no minutes kept OF some
meetings of thc board OF directors 40 not
recoue.t that Mr. Collins was present al
any Of these.
rHrsInENr sHElDoN.
President Luther sheldon, of the Pilot
Publishing Company was the neAi Wiz
ness Judge Neely took tne lea4 ln tA-
lie said he had no other connection
v,-i-h Tho ,ofnnauv Ihan the oflce Doe ltldi
attended H|I fIF
or fhe board. OF which he was a member
iy virtue OF bis office, asa iol I..'I.'-'
"a meeting about me Ii.ne %, .-', ~, =, i.,,,,,
ton u the article Of December -'I, hhtM
absolutely nothing abort the character 'I
chat art .alo The publication was hot
discovered further than that-
Afr sheldon examined tne minutes on
fhe board and sail Dee regarded lhem as
rortafrInl fno substance OF WAal trans
= rli af tne meetings. 49,,
,fr sheldon said that az one or ihe
MEETINGS SIR. Small rendered ms iesis-
Ile was asked if the result was TIE
unanImous endorsement or Mr Snlah "s
the board. hut Judge healh 1nle' Z .,i
Tha court hcll that the question was
rerfInfnf huf counsel dii not press n.
Witness was not prepared 20 say l"tl ~
ffe hoard 0f me liability of CHM 90.
~ rha notification. ] think he MADE
fho statement chat thcv oufnt 20 hep '1
frhf thI. e.it SIR. Byrd was nl-rnA1t'
-s tre AGENT 0f CHM a. CO.. but ] never
.er'l ,,.b Sir Hvrl. The publication
WAS under tho absolute conifnl on nil.
small a4 managing EDITOR Toe hoaln M3'
not conVers1nt with 3D. ana heflus aas
s0fuff faith in Mr small the n. no.i . '.''
not take care to prepare inc 49, UD- ,f.,,
ranv Don advance Tor every ~
t---i,lf che motives or c0freciut-e 't
-ra farfe in reference 10 article Of DE-
ramhrr o9l The board had ialth 'n gag,
sm4lrs ability and purpose 10 lIo'ee'
che paper
N0T His DUTY.
sid not regard 80 as a part or my
dIt, DO take such care as wa mt Aiiio.,
ri 40 resolution that ATT. hfi" l
failed in roIfcmine nis pieist. :" tt.'
cure evidences ana inh.H ttfr
y Ga fn behalf of deienhlnis ll t.i'
Uft, vas rNar acted upon uN tN' i'"si-
Possibly such subject was nlStD,'.''. w..
Gibbs may have made sN'n ",,t te
f.f d fato positive recollection ihaL He
r.1 -f.+ l0 not remember at WNat
r..lfirr tho matter was men uii'N'll 'l
lIs.ffssaf B. have DO from tt ,i.-
4 "a sni of fhe publishing firms
T.-e no recollection that on or ahoul
Iure 1fh resolution was a. 80
nheerre of further cFilfutt a1 p.,T
0ireadv m the control Of The inot i1D
lrhire Company, tne tenure 'l ''...'fa
sr-ro nr fhr part of said company WouII
t. .netif.flo Cannot fay that sncn
e.nfIrnrrf was made hy amy mtmuri
.,ffh knonlelre tell Sos nuhlcauon toNll
not FTHHII now many l'AN. 'ilHi i'-.- ..t
fo z, in ne Pilot hc had read; was not
.rrrlaaI of the Intention 20 publish any
fffrr about This hook trust. Mt " mle
eat.l him one day 20 ac omQany MN
tr .nr SIR small about whether turft
..a. ANYTHING in an article about 10 nr
rrfliehrf f0 make trouble. ana pit.
Small sad there was not. imnS II Was
ffs dav previous 40 December -'a.
N IN HANDS OF afe NrrLY.
Judge Noelv asked witness fShelaon 70
80 ,..rt of fna article published ln fhr
rilof of January zl 1875. when hc htl
rrsrked ln blue and % state whrihfi pc
Inew that me article In question was
true. -. the raper
ft,.-'sr handed 90 Captain Wisel object
friit-. prenfis asked for the paper, ana
rnieI the question OUT jrnhe Sc'l4 ~. t.
te,e5 into "a long argument on ,Ne ~
- tto question. and rs ddmiSsiniHlN. I. a.I.
srho.. also argued uuon tnr aanilssln.iilsss
- tse question. but the judge malhtai"e'
oesis,o ,.',,,e Neeiv- reading from the paper OF
rs,',er,g I'd Is6-ls 10 not true ihdt W
90. Sowrany took care 70 prepare ~
.cis ia advance against any lekHi Ne"'''
80 might arise from - publication a..
Judge Heath ohJr'tea 20 tne ,g1,.,ts g",'.'''
"u,.,..'.@ anewered that the board haa
..iti, f.ffh ln AR. Smaifs aDihty 70
...tftert me company from any ies"
"S.D, .Des,, Wise then took the witness IN
80, aa eiicit4d that the Pilot tonipa-
80, ..,.rioxsf Sir. Small but ne di1 nor
Iy1ow, s'hefher the contract was IN "It
g., H. fudinessD had 500 stock ln tne
na,,er 10 Mr. small he said ne u,n IT,