The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-27
AN APPEAL. TO CAESAR.
Editorial Co rrespondence.)


Just quarter of a century ago that.
as boy. l became local editor of
the Wilson Advance. During all these
years, in the stress of political revo-
luton and in exciting and stirring
times, in the discharge of my duty
as public journalist, the papers with
which | have been connected have
discussed every measure of public i'm
portanCe and the conduct of men in
the public eye 1t has been my duty
as an editor to expose the wrong
doings of not a few bad men and to
excoriate public men who were UNI
worthy of their trust Sometimes the
corrupt and unworthy men have
sought to secure compensation in
damages for alleged libel and some
times they have sought other redress
without success. In two or three in
stances during these years, through
information deemed trustworthy, the
paper has been the unintentional in
strument of printing incorrect state
ments about good men. In every in
stance the parties wronged have been
done full justice and twice the paper
voluntarily remunerated the men who
had been put to expense or loss by
reason of the incorrect publication.
Never in these twenty-five years of
earnest newspaper work have l con-
sciously injured any good man or
written line dictated by malice or
desire to injure any man, or failed to
make any reparation possible when
any good man felt aggrieved. This paA-
per has never retracted any statement
complained of by a bad official but has
defed him to do his worst, because
it's criticisms of unworthy public Of
ficials were prompted by sense of
public duty and desire to secure
good government. During the reign
of Fusion in North Carolina. a libel
suit or a threat of a libel suit was
matter of almost weekly occurrence
with The New5 and Observer, but no
court has ever given judgment against
it for libel That is a record that is
gratifying in view of the intense hos
tility of an army of powerful grafters
and thieves who have been exposed by
The News and Observer. But l would
have preferred a thousand times to
pay every dollar The News and Obser-
yer has earned for alleged libel than
to have been afraid to tell the truth
and expose recreant public officials.
Yesterday in the case of w. H. Os-
born VS.. Nj. r. Leach and The News
and Observer Publishing Company, the
Jury awarded a verdict of $4,000 to
Osborn. This morning Judge Ward de-
clared that he would cut the verdict
down fifty per cent, because 1t was
excessive, if Leach and The News and
Observer Publishing COMPANY would
settle it, / determined never to pay
one dollar until every legal resource
was exhausted upon a verdict that
The News and Observer had been
guilty of libel because the paper never
intended to injure Osborn and has not
injured him. If The News and ObSer
yer had done him any injury, L would
have accepted the suggestion of Judge
Ward to pay one thousand dollars
and settle the case. l have always
been ready for The News and Observer
to pay Col. Osborn any loss occasioned
or expense incurred ~ reason of the
volye no admission that the paper had
been guilty of libel.
Nothing is ever settled until it is
settled right The News and Observer
has never libelled Col. Osborn. and ]
believe that will be the verdict of
fair men out of one hun
dred in North Carolina, when they
read the facts in the case. In order
to let the public pass upon the matter
with all the lights before them, |
give in this article the whole story
from start to finish, as it came out
in the trial in Gulford Superior court.
In his charge to the jury judge Ward
read the following article which is the
basis of the suit:
..THE PENITENTIARY IN COURT
AGAIN.
"A Former Director Sued for Dam
ages.
"LEACH VERSUS OSBORN.
"Mr. Leach Claims That Col. Osborn
Broke His Contract.
1.-THE PURCHASE OF MULES FOR
THE PEN.
mo Papers i'm the Case Have Vet Been
Filed, But Some Interesting Devel-
Opments are Promised as it Pro-
ceedS.
"a suit has been started in Wake
Superior court by Mr. M T. Leach, of
this city. against w. H. Osborn, of
Greensboro. Only the summons in
the case has been issued and no com
plant has yet been filed setting forth
the grounds of the action. 1t is learned.
however, that it is brought to recover
several hundred dollars claimed by
Leach as commissions due him on d
contract to buy mules for the peniten-
r 10 40 ne of