The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-24
IT READS LIKE A
LOVERS QUARREL
Won't it End in the
Same Fashion?
Mr.. DANIELS is HEARD
Friendship Between Himself and Col
Osborn a Feature of Case. Growth
and Policy of News and OBJ.
server. Trials End in
Sight.
Especial to News and Observer }

Especial to News and Observer)
Greensboro, N. c., Aug. 23.-When
Superior court sat this morning, the
cross examination of Col w. II. Os-
born, which had been deferred yes
terday afternoon to allow Mr.. Travis
to testify SO that he could return
home, was resumed in the libel suit
of Osborn against Leach and the News
and Observer. Upon cross examina-
ton by Judge Osborn, counsel for
Mr. Leach, he stated that the article
complained of was published in Nov
ember 1900, and the reason he did
not bring suit until May 1901 was be-
cause his counsel told him not TO.
and he did not know why this advice
was given. The construction he had
placed on the article was that Leach
had made a distinct charge of fraud
against him: he had been buying
mules and horses for 25 years and had
never had such an accusation made
before: the article he construed as
charging him with getting several
hundred dollars besides 50 a head
commission on the mules. and as
making the State pay $1O7 for mules
that were worth only 80. Il only got
my expenses and two hundred dol
paid by Day on the approval OF the
Board of Directors. 1 AS a Director OF
the penitentiary | got four dollars per
day but in the purchase of the mules
l considered L was acting IA capacity
as a horse and mule dealer, and my re-
muneration of twenty dollars per day
for ten days | was at this business was
in such capacity. Leach and had al
Ways been friends and had bought
l., gr1lth
when the article was published that
Leach had it done thinking | would
nav him rather than have the matter
aired in court
II don't know why he didn't threat
en- to publish and try to get money
before the matter was made pubhc
to prevent publication
Col. Osborn Cross, Examined.
Examined by counsel for the
News and Observer Colonel
Osborn stated that the retraction
and apology published by that paper
did not satisfy him. He had always
said that he didn't want cent OF
money out of Leach or the newspaper,
if they would properly eXonerate MN
from any charge of fraud or wrongful
conduct. He said that he and the
editor of the News and Observer had
ALWAYS been friends and that he had
never ceased advertising in the pa
per, and that the Keeley Institute was
probably the largest advertiser 1t had
in North Carolina today. IouchnS the
question of damage to his character,
counsel ELECTED the information that
in MAY 1901 he was elected mayor
of Greensboro over three of the
strongest men in the city and was
Overwhelmingly reelected in 1913
and declined to become n candidate
i'm 1905. That his business in the
Kelley Institute had been on the up
grade all the time and that the lnStl-
tute was crowded with patients all me
time. Asked if the News and Observer
in 1901 while he was candidate Tor
mavor did not have an illustrated arti-
Gle commenting his candidacy and his
public spirit and capacity, he SAID
YES. but he has understood that his
friends paid for it or bought extra
copies of that paper.
Upon the conclusion of Col Osborn
testimony at twelve o'clock, counsel
for the plaintiff retired for consulta-
ton and stated they would rest thelf
case here Upon this announcement
Judge Osborn for Col. Leach asked
the court to allow a verdict of not
guilty as to Leach of malice, etc, since
he had in no way been connected
with the publication of the article
from the evidence of the plaintiff.
Judge Ward said he did not see how
this could be done in view of the
Judgment by default already standing
against Leach. 1t was then agreed
that evidence for the News and ObSer-
yer should be heard and if that con-
nected Leach with the. article, he
would be allowed to put on witnesses.
Mr.. Merritt Heard.
Mr.. F. l.. Merritt was the first wit
ness for the News and Observer: He
testified that he was city editor OF the
News and Observer at the time and
wrote the article complained of m
the line of his duty as such editor:
that he had no malice whatever to-
wards any one and published it sim
pIy as a matter of news furnished
by a reputable citizen giving the au-
thority of the gentleman himself.
He took notes of information FUR
nished by Leach that suit was TO De
brought against Osborn in few days,
of the substance of the complaint 10
be filed and wrote the article out from
these notes taken in Leachs pres
ence: that he talked over the propos-
ed publication with Mr.. Damels, VINO
advised against publishing it in view
of the state of affairs in the peniten-
tiary involving the right of Superin-
tendent Day to manage it: that he
pointed out to Mr.. Daniels the fact that
the matter was news. and came in
his sphere as news editor: that 1t
would be public property IN a rev
days and would cease to be OF any
value as news, etc. whereupon 1t was
left to his own judgment as to print