The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-25

speak to the jury. He first repned to
Col Morehead's attack on the London
libel law What has it to do with the
case. You do not intend to repeal
it. You will not do so. The claim is
that there is express malice.
1t has not aught to do with
this case. Leach failed to file an an
swer, and judgment has been en-
tered against him for such amount
in damages as you may fix, and he
must share in damages as you may
assess against the News and Obser-
yer. You are Obliged to render a
penny and costs and actual damages.
nothing more. Col Osborn has Suff-
cred very little for what is false and
we are not responsible for what is
true that hurt his feelings If wound
ed at all it is because of his OWn
misconduct. His reputation stands as
we'll as ever. He pictured Osborn's
sufferings-it liked to have killed him!
No such agony has been enjoyed Oh
this earth! He got up in four days,
though sick before the publication was
made What made him suffer this
eternal agony? Mental suffering makes
its mark on the face. | expected to
see Osborn a skeleton, and yet he is
as healthy man as | ever saw. He
looks like he is enjoying suffering and
looks like a man after Taking" you
see printed in the News and Obser-
Ver
The article says Leach charges that
Osborne broke his contract and was
paid several hundred dollars for buy
ing mules which Osborn as director
of the penitentiary had contracted to
pay Leach to buy. Leach charged
that Osborn paid $1O7 for mules while
he actually paid Sill. Leach thought
=, Il much for n1nlpS and
horses 1t is a charge of bad judg-
ment. There is no charge that Os-
born got any money dishonesty. Is
that enough to make a man nearly
die? There's only one thing in the
charge to hurt his feelings and that is
that Osborn thinks he is the best mule
trader in the world, No charge of dis
honesty unless you read it in there
1t is not there. though Osborn has
mistakenly said he thought it reflect
ed upon his honesty. Mr.. Osborn ought
not to be paid for his vain imaginings,
and therefore involuntarily inflicted.
The publication was made NoVem-
Der 14th, 190Ga He says he almost
died, but thank God he recovered.
There is a court in December, and
though suffering he brings no action.
He asks no apology. The London law
is applicable to Leach as we'll as to the
NEWS anu ODStsSCE. II IL bhC obhS -
an editor to publish the news. All the
editor SKIS is for Osborn to give him
a chance to do it. He ought to have
written to Daniels at once the cutlery
of the tortured heart is for immediate
relief There is another court in Jan
uary. He makes no retractiOn and be
gins no action. He says his counsel
advised him as to his course. Did
they say: Keep on suffering, and
e, h fhfa
damages you get. If you start now,
you look very healthy. but go on en-
joying your sulferings- when
you will be paid for it?
1t was not until March 11th that
he wrote to the editor of the News
and Observer, four months after the
publication and in that letter Osborn
says 'it appears to me the whole mat
ter is a suit begun by Leach against
me-" That is ALL And all Osborn
asks the editor to do was
10 say whether he published the
matter upon the information of Lea<1,
and Daniels replied, giving Osborn all
the information requested. AS soon as
the News and Observer knew Osborn
was going to bring suit, without de-
mand from Osborn, the News and OBJ
server makes a full and fair retrac-
ton and apology. What more could
the News and Observer do? That
apology ought to have satisfied ] have
never seen a man suffer mental agony
like w. H. Osborn. Rachel weeping
for her chilren is a joyous person
compared to Osborn in his agony. And
he tells you that only money VIII
give him relief, though he says he
does not want money but vindlcatlon.
He has already been vindicated and
the publication withdrawn. Since th&
IL n
publication, he has twice been elected
mayor. He has not been hurt. IL Is
not the falsehood but the truth that
hurts.
If he was panied by the truth. he
cannot recover it. No honest man
cares about a lie. 1t is the truth that
gives him trouble. The truth that
hurts is that he obtained more money
as director of the penitentiary than
the law allows. He was one of three
men given full power to control the
penitentiary when the full board was
not in session. They were in full man
agement, though that was a friendly
suit, but before it is decided it became
necessary to buy mules. Capt. Day
and the executive board gets Osborn
to go and buy the mules. 1t takes
ten days to buy them, and Osborn IS
paid 5000 for eleven days work. He
didn't think about the law and was
not dishonest, but he broke the law!
And that is the truth that was hurt
ing Osborn, and not the other things
in the article. The matter with Os-
born was that he had violated the
law, when the plain letter of the law
is that he could take but $400 Il
day while he was paid 5000 for eleven
days work. Osborn says as his eX-
cuse that when he took the 5000 he
was not acting as director but as i
mule trader He was sent to buy the
mules by himself, Day, Newland and
Travis to buy mules. Osborn. the di-
rector. sent Osborn. the mule trader.
To buy mules. He did not resign.-lf
he wanted to act as a mule trader
that was but the one course-to resign
and take contract to buy mules
He comes back as mule trader, but
as soon as the mules arrive. he gets
to be director again and changes his
individuality again. He is transform
ed from mule trader at $40 per day
to director at $500 a day. He and
his associates pay Osborn $40 a day
when the law says he can get but
$500. The statute (code section l.
OLD was read which says that any
public official who makes any contract
for his own benefit is guilty of mis-
demeanor. AS a trustee of the State.
he could not legally take over $500
6aV and mileage and when he took