Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-12-31
JAMES w. OSBORNE
SUES NEW YORK SUN.

SUES NEW YORK SUN.
Criticism of His Conduct of Nolineus
Trials Basis of the Action
Damage to His Reputation,
(New York Herald-scth.l
Asserting that his professional reputa-
ton has been damaged to such an ex-
tent that only the payment OF $4,000
will requite him, James w. Osborne, an
assistant district attorney has brought
suit for that sum against the Sun Print
ing and Publishing Association, which
controls the Sun. The papers in the suit
which is brought in the Supreme Court.
were served on the defendants on Decem-
Der 18th.
AS a basis for his action Mr.. Osborne
cites the remarks wl..ch were printed py
the newspaper concerning his conduct OF
the trial of Roland Il. Molineux on the
charge of murder. Not only were the
articles to which he takes objection
written and published in the form of edi-
toral comment, but in letters TO the edl-
tor he was sjoken of in such a sighting
manner that he demands redress through
the courts.
When the case is called for trial it
will in all proba bility become a celebrated
case among those which have been taken
against, newspapers under the law
against libel, for that it will be contested
there is no doubt, according to the state
ment of the counsel for tho defendant.
The whole record of the A1olineux trial
will be gone over, and everything bear
ing on Mr.. Osborne's treatment Of Wit
nesses, his interjection of side remarks
in the hearing of the jury, his differences
with the lawyers for the defence and
even his arguments with the presiding
Judge will be introduced as a justification
for the remarks to which he takes ex
ception.
Further than this, 1t is expected that
many persons will be called on behalf Of
the defence-rlen who have been witness
es in the many important trials Mr.. Os--
borne has conducted since he was a pro-
secutor for the people and lawyers who
have been opposed 10 him in these cases
to testify to his methods and to show
there was justification for what was
printed about him at the end of the Moli-
neux case.
PLAINTIFF ON THE DEFENCE.
It will be a rernarISa bic trial, inasinuch
as Mr.. Osborne, while appearing as
plaintiff, will be paced in the position
where he must defend, in reality, his
course, since he has been an assistant
in the office OF the district attorney.
Such a spectacle will be unique in the
legal history of this State.
In his complaint Mr.. Osborne says the
Sun is newspaper widely and extern
sively published sold, and circulated in
this city," In the United States, and
especially in New Jersey, Pennsylvania,
Maryland, North Carolina, and Virginia.
He says he is a lawyer, and recites his
connection with the district attorneys
office.
He declares that he has Conducted
himself with honesty and fidelity and
has; never been guilty, or suspected 30
have been guilty, of any misconduct or.
malpractice in his said capacity and pro-
fession." and that, prior to the publica-
tons to which ne objects, he had ''en-
joyed a wide reputation for honesty, up
Brightness, and integrity: that he had a
large circle Of friends; that ne had pro-
fessional relations with various persons
in the city, and in the country and in the
particular States where. he said. the de-
fendant was widely circulated.
He says that on November 18th the de-
PENDANT ..1naliciously composed and pub
iished'' about him false and defamatory
matter in which he was accused of
''unprofessonal ruffianism' in conduct
ing the prosecution in the Molineux
case and that his performance was
disgrace to the bar.
OSBORNE SAYS ALL IS FALSE.
Further than this, he says that two
days later the defendants published
letter to the editor. in which, after COM
mendng the course adopted by Messrs.
Weeks and Battle. as counsel for Moli-=
neux on the trst trial, there appeared
the charge that much irrelevant testi-
lnony had been laid before the jury by
a reckless prosecutor.
He complains that the facts stated in
tiff were wholly false, and that by means