The Prescott daily news., 1913-05-29

~~~~o--~o--.>o-~~~o~~-~-o-~~-0-0-~-0-oo-~-o~~- fuence Of liquor l couldn't help but notice it.
 Tale Of Drinking a Lie, He Says.
 'Ill ask you to tell if it is not true, prior 10 che publication of the article by this defendant in 1912, that the ere port was mrelt among newspaper men tl Col Roosevelt used liquor occasio ny to ezcess?" asked Bel den "lll tell you," exclaimed OLau alin, with much heat, that every reputable newspaper man knows it was lie don't know about such newspaper men as do net know the colonel. but every Washng- ton correspondent knew the charge was false
 Attorney Belden. personal counsel for Editor Newett, then announced he purposed to show that rumons con. corning Col Roosevelt's sobriety had been afoat among newspaper men for a good while prior to the alleged libel in Iron Ore, the little Ishpemi0g min ing paper In the squabble that en- sued court quit for a 10-minute recess.
 We expect to show" Belden said that this defendant had heard this story as to the coloDels habits told in Marquette county and never had heard it conuadicted, and that he act ed in good faith in printing it.
 Tt will be urged in mitigation of damages that it is open to this de fendant 10 show that where men have congregated this charge has been gen. erally discussed This plaintiff is the mosttlkedabout man in the United States.
 We expect to show that he cannot be greatly damaged by fugjher pubH- cation in a litle paper of 5000 circd- lation fn the upper peninsula of Mich igan.
 The plainun has brought into this case his reputation, not only in North ern Michigan but throughout this country and the civilized world. We ourselves, therefore, are entitled to enter into the question of his reputa. tion among men as to his use of al cohol.
 Tt has already developed" Belden continued, in Dr. Lyman Abbotts testimony that the report was cur rent and recognized We are entitled to show the existence of this reputa- tion showing the defendants intent of .1,s. report"
 Dr. Abbott's testimony was given in an affidavit, not yet read in court
 Colonel Asked no Retractlon.
 Judge Flannigan brought up the point in the absence of the jury that Col. Roosevelt had not asked re traction of the story from Newett.
 My idea wassto sue for $50,0O0 in this case" said Attorney Pound, but we have decided to ask no punitive damages, but merely the actual dam ages to him in this case. It was under Roosevelt's instructions that no win dictiye damage was asked"
 We do not intend to attack in any improper way this distinguished plaintiff, Belden said, for the defense. But unless they will limit their claim to nominal damages, which means 6 cents. we will go forward with our present line of defense"
 You cannot claim that damag would be limited to cents, observed the court It might be 6 cents or $6,000"
 We expect to show by men of rep utaion the existence of this general report Belden said. This is unique case, almost without prece- dent, with plaintiff who was once president of the United States asking libel damages.
 "A newspaper man must publish all sorts of news based upon various sources of information, and when sued for libel must be allowed to show his sources of information"