The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-24
Leads all North Carolina Dailes i'm News and Cnladon

ing it. That Col. Leach was relia-
Bile and reputable citizen and he did
not question the truthfulneSs of the
| information or consider for a moment
that it was inspired by malice or not
founded on facts.
Mr. Merritt also testified that on
the former trial he was examined as
witness for the plaintiff. He and
Col Osborn had always been friends
and were yet.
Mr.. Daniels TestiIies.
The evidence was concluded at five
o'clock Josephus Daniels, editor and
president of the News and Observer
Publishing Company, was the only
other witness examined this evening.
He testified substantially as follows:
My recollection of the conversation
with Mr. Merritt is that it was the day
after the publication, and not peIore,
that we were discussing whether II
should have been published
or not. l do not remember ever hear
ing Of the matter until aftef
il was published My relations with
Col Osborn have always been friend
ly, are 50 now, and he is one Of the
News and Observers best customers.
No notice was ever served on me thal
a suit for libel would be brought. AS
soon as the summons was served, d
fun retractlon was printed in the News
and Observer in compliance with the
London Libel Law. In the munlclpal
campaign the complimentary afucIe
about Col. Osborn for mayor OF
Greensborospoke of by him was not
paid article and the News ana ODsef-
Xer never charged or received cent
for it,
TJDon cross examination witness stat
ed that he had no intimation that the
article was considered lbelous untll
he heard from Col. Osborn to that
effect four months afterwards, ana ne
Immediately furnished Col. OSBORN all
the information he asked Ior' hot
thinking from Col. Osborn's letter that
he felt aggreved at the News ana OBJ
server publication but at the gentleman
who gave the information. Asked IL
he printed such things as the article
complained of about his frlehdS, MI
Daniels replied that i'll publishing IegH-
innate news he had neither friends nor
enemies.
He was asked if he had not
been bitter i'm attacking Captain Day,
witness said yes and no, and Delng
allowed by Judge Ward, after oDJec-
ton from plaintiffs counsel ne eA-
pIained that it had been shown that
great corruption and extravaganza hau
existed in the penitentiary manage
inc in an effort to secure proper pusl-
ness management under Democratic
administration.
Reing asked if he did not try to
pass the London Libel Bill atter tne
publication of the Osborn article, the
witness stated that he had been ad-
vocating it for ten years and was one
~ n committee selected by the Press
Association the year before to aid i'll
securing the law.
VaIue of the News and Observer.
Col Morehead pressed for answer
to injuries regarding the News ana
ObSpryer's business. Defendants coun-
sci objected, but Judge Ward ruled IL
competent. Mr.. Daniels then stated
that the capital stock of The News ana
Observer Publishing Company was
tWenty-one thousand five hundred doi-
lars: that it lost money for the hrst
three years but during the past year
II had paid a dividend of six per cent;
| that il had the largest circulation OF
! anv newspaper published in the state,
| that if sold for six dollars year ana
! that it's subscriptions exceeded the
! income from its advertising patronage.
| AS to the value of the property the
| witness stated that recently shares OF
| stock had sold for seVenty-fVe dollars
| but that so far as he regarded the
! property, there was not money enough
! in the United States to buy 1t.
| several times it was shown that the
| circulation of The News and Observer
was greater by far than any other
! daily published in North Carlolna ana
! this was admitted as matter OF
course by counsel.
Final Scenes of the Day.
Judge Osborn then said he desired
! to introduce the defendant Leach SIM
In n N IL
gated the publication, and he did not
propose to introduce any evidence, eX-
! cent as II went to the general issue.
| Col. Argo for the plaintiff, contended
| that a judgment had already been
/ secured. fixing the fact of libel against
| Leach and his liability in damages
/ since it had been ruled that only ac-
! tual damages could be recovered, the
quantum of damages could not be de-
termined by evidence since no man
could fix the value of character in
| property.
| Judge Ward, after further argu-
ment from Barrnger for Leach and
Morehead for Osborn, stated that he
should charge the jury that they
could not consider the question of
punitive damage against Leach, and
| that the News and Observer could
| only be held for actual damages.
| This stopped all further argument.
| Judge Osborn stated he had no evil
dence to introduce. He was satisfied.
| Counsel for plaintiff filed exceptions to
Judge Wards ruling. Plaintiff tend
| cred to defendants the following wit
| nesses, who had been subpoenaed and
| sworn: N. A. Ramsay, W. H. Worth,
! f. L. Sumerell William G.. Newland.
| Defendants did not want the witnesses,
| and the case was over, except for the
argument to the jury. Court then ad-
| iourned until Thursday, after Judge
Ward announced he would allow four