The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-23
THE CASE OPENED
Osborne Against Leach
and News and Observer.
Judge Nard Rules That Only Actual
Damages Can be Considered.
Col. Osborne and Mr.. Travis
Testify.
Especial to News and Observer.

Especial TO News and 'Observer.)
Greensboro, n. c., August 22.-In
the Superior Court this morning when
called the plaintiff announced readi-
ness for trial, and SO did the defen-
dant Leach but counsel for the News
and Observer stated that on account
of the absence of Mr.. Fred l.. Merritt.
who was a witness for the plaintin at
the last trial and who was under sub
poena by both, they could not go to
trial. but if Mr.. Merritt came they
we're ready. Counsel for Osborn
pressed for immediate trial, but Judge
Ward suggested that some other case
be taken up, and the case of Fox VS..
McClamrock was begun, it being a
suit for damages sustained by injuries
in using tools. This case was terml-
mated soon after the noon recess, py
which time Mr.. Merritt had arrived
from Goldsboro. and the Osborn case
was taken up.
A large number of important per-
sonages, either as witnesses or attor-
MES, are present. Among these are
Messrs Travis of Halifax; Sumerill.
of the Penitentiary Farm; Newland, OF
Lenoir. former member of the Board
of Directors, and the following attor-
Raleigh; j. r. Morehead, King & Kim
ball. of Greensboro. For Leach-Ex-
Judge +. l. Osborn, of Charlotte, and
j. A. Barringer of Greensboro. For
the News and ObscrYer-C. M. Bus
bee, of Raleigh, and Brooks & Thom-
son, of Greensboro.
The trial began at o'clock, the
Jury being selected without single
challenge on the part of the defen-
dants.
Judge Ward ruled while the ques-
ton of formulating issues to the jury
was under consideration, that under
the decision of the Supreme Court the
article published was per Sc ibclous,
but that the News and Observer, by
complying with the law, had relieved
itself from liability for anything but
actual damage sustained by Osborn,
and that Leach could only be held for
the same reason unless malice was es-
tabliShed.
Colonel Osborn on Stand.
Col w H. Osborn was first exam
incd and testified that the article pub
lished in the News and Observer as
coming from a suit to be instituted
against him by Leach came nearer
killing him than anything that had
ever happened to him before and was
1IISl llIllt III lies llIC IA'eIC iiA9 iAN'AO'
had been questioned. He was ac-
cuseG of buying mules at extortionate
prices and collecting pay for services
which his position as director of the
penitentiary did not allow. He said
he did not buy the mules as director,
but as special agent of superintendent
Day; that they were cheap at the
price and proved to be fine mules.
ON the question of damages he had
sustained he testified that in his cam
paign for The nomination for mayor
of Greensboro it was often thrown up
to him and that he had suffered more
in feelings from it than he could tell.
His cross examination was brief, he
stating that he was Overwhelmingly
elected MAYOR and reelected another
term. refusing to run a third time
Mr. Travis TestifieS.
Ex-Director of Penitentiary Travis,
under examination, testified that Col.
Osborn purchased the mules as agent
and not as director; that the board APP
proved the money paid him as com
pensation; that it was the best lot of
mules he ever saw costing Sill each,
while worth s135 and $3.50.
The defendants contended that un-
der the law Osborn bought the mules
as a director, no matter whether the
board sent him as agent or not, and
this point was strongly urged to show
that in charging that he made the
purchase as director; the defendant