The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-27
It is Excessive, Says Judge
Ward.
CONTINUED from Page Nine.)


months after the pubncatlon' anu
only then to his lawyers IN prlnglhg
a suit for damages. Not a witness
has been produced who ever heard
him complain, and even during ms
sickness no one has testified as 10 ltS
having been made more palniul OF
enduring on account of it. If his sou
sitive feeling had been hurt 1t would
appear that some besides hlinSei
would have known it during those
four months of silence. Even the
News and Observer didn't know IT,
No malice or vindctveness has Deeh
shown. but on the contrary all the
evidence is that between the News
and Observer and him there
was and has continued 70
he tho closest and most
friendly business and personal friend
ship. In view of the absence OF any
pecuniary damages. and testimony of
actual physical or meltal suffering
verdict Of four thousand dollars Is
excessive. Osborn himself said he
only wanted vindication and not one
cent else or more, and the News ana
Observer had furniShe the Nindic:-
ton il any wrong bad been done by
guII and complete and public apology
and retractioa. The verdict was eX-
ccssive even as punitive damages
which the court said the jury could
not give.
Judge Ward asked Colone! More
head what he had TO say about his
g9eech
Col Morehead said he had noticed
for many years that lawyers who had
Just lost big case always desired
then to abolish the trial by jury and
fly to trial by the judge. That was
the meaning Of the motion in this
case Ten thousand dollars would no,
haveA been excessive. How much
mans feelings arc hurt is not ques-
ton of law, II is one of fact and only
jury of twelve impartial men was
qualified to estimate it, Referring to
the objection that his speech was not
within bounds he said he felt highly
complimented to think that four law
yers over fiftys years of age should
complain at the effectiveness of his
speech. He had Intended in making
I to draw their fire to himself and di-
vert their attention from their case,
and every blessed one of them had
done so, discussing him and his speech
forgetting their own case. 1t was
ridiculous for them TO complain at
his firing too heavy a gun or two
many of them.
Judge Ward said he had told the
jury not TO give punitive damage.
He felt that they must have miSundcr-
stood him. From the testimony II
really appeared that Osborn had not
been damaged in reputation. 1t
showed tll"t he was exceedingly pop
ular with every one and loved, both
before and since the publication. 1t
MAS the duty of the court to see jus
tice done. If tile defendants would
settle the case he would reduce the |
verdict 80 per cent.
Col. Areo said his client would ac-
ccpt t':"t.
Attorneys for defendants asked for
time and in an hour came into court |
and declined.
The Reasons for Rejection.
Mr. Brooks for the News and OBJ
server. read the following statement |
from his client, the News and OBJ
server, explaining the reasons there |
for
THE NEWS AND OBSERVER HAS |
RESISTED THIS SUIT UPON PRIN- |
CIPLE. BECAUSE IT NEVER IN |
TO INJURE THE PLAIN |
TIFF BY THE PUBLICATION,
WHICH WAS MADE IN GOOD |
FAITH AND WITHOUT MALICE,
THE PLAINTIFF HAS NOT BEEN |
INJURED IN HIS REPUTATION, |
NOR HAS HE LOST IN PROPERTY. |
TT CONCEIVES 1T TO BE IT'S |
DUTY, NOT ONLY TO ITSELF, BUT |
ALSO TO THE PRESS OF THE |
COMMONWEALTH, TO DECLINE |
ANY PAYMENT OF MONEY WHICH
HAS NO SUBSTANTIAL DAMAGE
IN FACT FOR IT'S BASIS, UNLESS
THE SUPREME COURT OF OUR |
STATE SHALL SO DECLARE.
WE FEEL SURE THAT THE
COURT WILL APPRECIATE TIL
THAT ACTUATE THU
POLICY OF THE NEWS. AND OF |
SERVER, AND WILL ADHERE TO |
IT'S EXPRESSED OPINION THAT |
THE VERDICT IS EXCESSIVE AND
REDUCE OR SET ASIDE SAME.
Judge Osborn for Mr.. Leach. also {
declined the terms of paying and fore
going an appeal. Judge Ward then
said his mini had been made up, and |
he had signed judgment for three
thousand dollars. Notice of appeal I,
was then entered and the famous case
was over for the present
Six for a Penny and Costs.
Discussing events in the jury room
and their method of reac hing a. YER
dict of four thousand dollars, a juror