The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-22
Action Against News and
Observer Dismissed
ONE CENT DAMAGES
The Judgment is Against Leach for
One Penny and the News and OBJ
server Company is to Re-
cover its Costs of the
Plaintiff.
Especial to News and Observer. J


Especial to News and Observer.)
Greensboro, N. c., Dec. 21.-In the suit
OF Osborn against Leach and the News
and Observer, for $4,000 for libel, Judge
Allen at one o'clock today, dismissed the
action against the News and Observer, and
directed the jury to bring in a verdict
OF one penny damages against the defend
ant, Leach.
At three o'clock court opened again, and
Judge Allen signed a Judgment against
Leach for one penny, and for only one
penny cost, the statute saying that where
the judgment in a libel suit is less than
fifty dollars the costs shall not exceed the
amount of the Judgment.
Colonel Morehead, for the plaintiff, Oc-
born, moved for new trial The mo-
tion was over-ruled, and an appeal was
taken from the whole case A iudgmen.
OF non-suit was then signed for the News
and Observer, and the action dismissed
without costs against the defendant.
Contrary to expectations, exceptions
were filed to the ruling in this case too.
and notice of appeal was given by Col
onel Morehead. Copy of judgment is:
North Carolina Guilford county, Su-
perior court, December term, 1903.
wv. II. Osborn VS.. M. T. Leach and
News and Observer Publishing Company
Judgment. In this cause. upon the con
clusion of plaintiffs testimony, the News
and Observer Publishing Company moved
the court that the plaintiffs action be
dismissed as to it for want of proof, as
upon non-suit upon considering same. it
is ordered adjudged that as to the News
and Observer Publishing Company, the
plaintiffs action be dismissed and that
the defendant News and Observer Pub
fishing Company recover it's costs of the
plaintiff to be taxed by the clerk.
20. H. ALLEN,
Presiding Judge"
STORY OF THE PROCEEDINGS
The plaintiff examined cx-Chairr,an of
the Penitentiary Executive Board, Sena-
tor E. l.. Travis, this morning. Ha testi.
fed that there had at no time been any
understanding between him and Osborn
or Leach as to any purchase of the mule
by Leach; that he received the mules at
Halifax himself. they cost Sill each. in
cluding all expC lses delivered at Halifax
station. and wefe fully worth s,25 each.
He had wat he'd them after they had been
sold to f. mers for several years, and
they were splendid animals. Col Os-
born only received 5000 for his services.
The plaintiff then rested it's case. Then
followed motion by Mr.. Brooks. Of
counsel for the News and Observer. for
ind Of {1,a ,,lo
tiff had not filed the notice of bringing
of suit on the News and Observer, as re.
quired by the Libel Law of 1901. nor had
any evidence been adduced by plaintiff
showing that any such notice had becD
filed, or any request for a retrax;t. point,
ing out the matter complained of been
sent to the editor, as required by i.lw.
Another motion to dismiss under the
Hinsdale act was made, because thc plain
tiff had shown by his OWE evidence. and
by that of Mr.. Merritt, that there Was
no malice in the publications. that there
mad been no special damage to him. and
that the publication itself, as hal ..ee,:
proven. was based upon complain. filed
in court. The various branches If these
motions were presented by Messrs. Brooks
and E. j. Justice for the News ard Oh.
server, and opposed by Messrs. T. More
head and T. NJ. Argo for the plaipt,.s.
AT the same time was argued tae mo.
tion by Leach to dismiss, under the Hins-
dale act, for want of evidence of malice
or defamatory charges, etc. This was
argued for Mr.. Leach by Messrs. Jones
and Barringer and opposed by Morehead
and Argo. The defendant contended that
being Joint tort-feasors with the News
and Observer. whatever action was taken
in that case should inure to their benefit:
that plaintiff had not made out case.
that he had expressly shown there was
no malice in News and Observer; tha.
the judgment obtained against Leach by
default and enquiry at former term oi
court carried only damages OF penny and
costs. but the cause of action had been
neither strengthened or weakened there
by; taat under sections 265 and ahS oi
the Code, and evidence submitted By
plaintiff. the publication by Leach was
no libel whatever on Osborn, etc.
Colonel Morehead, for the plaintiff, con
tended that Judgment by default and en-
quiry had fixed the question of libel on
lSeacE; that the News and Observer must
put on evidence that notice had not
been served, as a defence, etc, and Col
Argo, for plaintiff, strongly presented thu
phase as 10 whether the matter was libel
lous or not, showing that it was calcI-
lated to grossly damage plaintiff in his
reputation and his feelings, that while
no actual money damages had .een
proved. Vt had been testified that the
publication and the charges made had