The Washington herald., 1909-03-21

Oyster Bay. y. Y. March 2O.-Col
Roosevelt admitted to-day that he and
William Loeb. jr.. had made q mistake
about that Fade and Fancies" affair
OF a few years ago.
Along about the time that Col William
d Alton Mann and his publications were
scenting trouble, it was announced that
Roosevelt was on Fade and Fancies
free list, and that he had authorized tho
use Of photographs and a biography. This
met with an official denial from the White
House. and on the strength Of that de-
NAL Peter A juicy. a photographer,
brought suit against the Town Topics
Publishing Company for infringement OF
a copyright on one OF the Roosevelt pic
lures used in Fades and Fancies."
Il was in the form Of testimony in that
suit that Mr.. Roosevelt made his admis-
sions to-day The trial of the action IS
10 come UP in April He viii be out OF
the country then. and SO his deposition
was taken to-day.
Loeb was the cause Of this "Fads and
Fancies mistake. Col Roosevelt de-
scribed how Loeb had come 10 him after
the denial had been issued, and used
some expression so as 20 say he had
been caught"
Merely n Mistake.
The ex-President declared. however.
that IL was merely mistake Of forget
fulness, easily explainabIe on the ground
that M. Loeb was furnishing hundreds
OF sketches Of Mr.. Roosevelt 10 publica-
tons ali over the country
Col Roosevelt was dressed for his
morning ride when the referee and the
lawyers arrived at Sagamese Hill, at
about 1920 O'clock in the morning. He
expected 20 be engaged in the legal pro-
ceeding only about half an hour. but Il
was after 12:SO when the deposition was
finished.
Referee Knox took a seat behind the
ex-President's big desk. Col Roosevelt
sat in front of the desk. facing the ref
cree, and the lawyers arranged them
selves informally.
MI Roosevelt couldn't recall that he
knew the plaintiff in the suit.
Il an not sure: such multitude OF
photographs are taken of me, he said.
Favorite Photograph.
Upon the production Of the photograph
that caused the suit the witness. however.
added:
7 remember very well the men who
took the photograph or me. because I like
ii better than any other photograph that
has ever been taken Of me"
The picture showed Col. Roosevelt in a
khaki suit at Sycamore Hin, and was
taken five or six years ago.
I continually receive Photographs" he
went on. but no photograph was auto
graphed by me for 'Fads and Fancies.' OF
any publication connected with Town Top
les, to my knowledge, and no authority
was given by me for the publication in
any volume or paper connected with Town
Topics, 10 my knowledge"
Lawyer Craig, representing Town Top
ics begged the coIoneIs pardon. but he
would like 10 know just what was meant
by the expression: TO my knowledge"
Did the witness mean: TO his recollec-
tion?.
7 would say that to my recollection I
did not do It.
Col. Roosevelt didn't remember that he
had ever authorized the publication Of a
photograph anywhere, although he
couldn't be positive.
Anything like that" he added, would
be done through Loeb"
Au-round Athlete.
Counsel for the plaintiff directed Mr..
Roosevelrs attention to the biographical
sketch published in Fads and Fancies.
along with the picture. The Town Topics
people contended, when they had their
troubles a few years ago. that Mr.. Roose-
welt had corrected proof Of this bio
graphical sketch. Mr.. Roosevelt pointed
to certain sentences. which. he declared,
he would have eliminated I'm that sketch
IL it had been submitted to him. among
them the one asserting that when he was
AT Harvard he was held TO be one Of the
best all-round athletes Of his day
On cross-examination Mr.. Craig asked
Col. Roosevelt 10 tell what had taken
place between himself and Mr.. Loeb in
regard TO this Fads and Fancies matter.
when 1t was alleged" said Col Roose-
welt. that I had either furnished or an
proved of the article and pictures in
question, I denied it, and spoke to Loeb
about it, and he told me that he had not
given any such article or any such photo
graphs. and / should say some weeks
possibly some months, afterward he came
to me and said that he had to admit that
he was mistaken; that he had given an
article. I should say. to a friend Of his
in Albany"
Q.-For ''Fads and Fancies?r
A-For "Fads and Fancies"
Q.-What is your recollection as to
what, IL anything. was said in reference
10 the publication being made by Town
Topics or the Town Topics Publishing
Company?
Loeb Was Caught.
My recollection is simply that Mr..
Loeb came to me and said: He usad
some expression so as to say he had
been caught; that he had found that
he had written and sent TO 'Fads and
Fancies a sketch on which they had
based their article; that when he had
spoken to me previously he had been
sure he had never done it. but that he
Fred NIblO. Columbia Theater Tonight.
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