The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-20
SUIT AGAINST THE N. & O.
The Case of Osborn Against Leach
and This Paper Taken Up.
Especial to News and Observer. J


Osborn against Leach and the News and
Observer was taken up. The plaintiff
complains that he was libelled by the
publication of an interview rejecting
upon him, and has brought suit for $2O,-
900 damages The News and Observer,
through its counsel, moved to dismiss
the action, on the ground that plaintiff
had not complied with the libel law of
1901 by giving five days notice of the III
tertion to bring suit. Judge Alien ruled
that for failure to do this the plaintiff
would not be entitled to anything but
nominal damages, and the plaintiff made
an exception.
After many cross motions, from all
three sides, jury was selected, and the
taking of testimony began at u o'clock,
Mr.. Fred l.. Merritt, VINO wrote the in
terview with Mr.. Leach which was pub
lished in his paper, the News and Obser-
yer, being the first witness examined b.
the plaintiff The News and Observer
further claims that it had complied fully
with the statute, in that as soon as COM
plant was made of the publication of the
interview with Leach, it made the neces-
sary correction and apology; and that
what was published was only the outline
of sworn complaint, which Leach was
going to file in a suit against Osborn, and
which was filed in q suit brought by
him.
At seven o'clock tonight court adjourned
until Monday. when the examination of
witnesses i'll case OF Osborn against Leach
will be resumed. Merritt, Osborn, New
land and Day were examined for plaintiff
today Osborn testified that at no time
/, Al. Co.,
and Day, or any agreement OF any kind
between him and Leach as TO the put
chase OF mules: that he chose at the
earnest solicitation of Day and members
OF the executive board He was corrob-
GRATED by Day and Newland. Osborn
stated there had never been friction be-
tween him and the editor of the News
and Observer; that they had always been
warm friends and were yet. Day testi
fed that he would not furnish money to
buy mules until Osborn agreed to do so
himself and produced letters supporting
it that Osborn purchased as his agent
and not as a member of the executive
board and drew no per diem while gone.
Superintendent of the Penitentiary Mann
was excused from further attendance. his
records being deposited with the clerk.
to Raleigh for Sunday tonight.
Colonel Argo follows in the morning.
1t is thought that the case will re-
quire at least three days for trial. The
attorneys are as follows:
For Osborn Messrs. James r. Morehead,
ing and Kimball, of Greensboro, and W.
Leach: Col. j. A. Barringer, OF Greens
CT Of % inl1
For the News and Observer: A. L. Brooks
and w. NJ. Thompson, of Greensboro, and
c. N. Busbee and Robt. Strong, of Raj
eigh. ALI the members OF the old Boatd
of Directors of the penitentiary, of which
Col. Osborn was a member, are present as
witnesses including State Senators E. L.
Travis, of Halifax, and w. A. Newland,
OF Caldwell county. Superintendent Of the
J. S. Mann, is also a wit
ness, bringing with him the record of the
proceedings OF the executive committee
of the State Prison at the time the trans
action which Leach brought suit about,
and gave out the interview published, was
had.
In the case of Phlegar against Menden-
hall, the suit for the recovery OF the
lawyers row, valued at $4,000, the jury
at 1880 o'clock tonight reported that they
could not agree. Judge Allen refused TO
discharge them from the case, but al
lowed them to separate and go home, 20
come back Monday morning. The fore
man said they had not agreed on a sin
gle one Of the eight issues, and never
would. 1t is learned that the jury has
stood ten to two in favor of defendants
ever since the first ballot, at 9 o'clock
last night.
One fire company here, the Eagle Hose,
believes in taking care OF the ''innards'
OF it's members, and will give to each &
turkey and half gallon Of oysters for
Christmas
Chorazin Chapter, No. 10, of the Royal
Arch Masons, at it's session last night
elected the following officers: II. Stern
berger, High Priest; A. w. Phelps, King;
M w Thompson, Scribe; J. e. Pool, Sec
rotary; w. T. Gayle, Treasurer.
Mr.. julius C. Holmes, OF Charest1w,,
w. Va, arrived last night. He has been
appointed by the Cover ment throu9h
the Trcasu-y Department TO superinten1
the construction of the addition to the
Federal building here. He succeeds ST.
perintendent Beaman, who died here sun
day last from a stroke of paralysis.
Mr. R. l.. Woodland has begun a hand
some new residence on West Lee street.
Mr. A. F. Brooks being the contractor
Prof. Charles Staley, who has been Tor
the past two years in Spokane, Washing
ton, spent the night here on his way to
Staley his old home.
Mrs. Mary Fisher died very suddenly
here at the residence of her daughter,
Mrs. A. E. Childs. She had been unwe,l
for a few days, but her sickness was
not thought serious until an hour before
death The remains were taken to Win