Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-05-28
out by Roosevelt's attorney. was to ex-
clude what Is called "hearsay" testl-
4 Al.aA A.l. /.

CluO0 Wu0I 10 Cdleu uSHSV&1y ScSSA-
mony thruout the trial.
The court asked Mr.. Belden whether
the defense would combat the position
Of the plaintif that malice In the pub
lication Of the article was q basis fol
damages. Mr.. Belden answered thai
proof Of malice undoubtedly would in
crease the basis for damages and the
defense would combat the attitude Of
the plaintiff.
Attorney Pound arose and said:
"At first I wanted to sue for $4,000
but Colonel Roosevelt insisted that the
amount asked for would be nominal
He did not want to be vindictive but
wanted merely damages for publication
Of a falsesood."
Damages Might Roach 10000.
1t was stated by Mr. Belden that the
pecuntary damages In this case under
the law might be any sum from s cents
to $4,000. regardless Of the amount
asked in the suit. Whether the alleged
libel was true or not the defendant be-
lieved the article to be true and did
not publish it out of malice.
Attorney w. H. VanBenschoten, at
torney for Colonel Roosevelt, said he
would not oppose tho attitude of the
defense that the admission of 50 called
"hearsay evidence" bearing on the
coloners reputation as to liquor was
merely to mitigate damages. He con-
tended, however, that such evidence
should not be admitted unless it should
first be proved that the defendant first
knew Of the reports before he pub
lished his article and based his article
h11S 81 - 49,,
Under the position Of the defense"
argued Mr.. Pound, "a man may be as
pure at ST. Paul and his reputation may
be ruined in a moment by lot of gos-
sip mongers. The two points attempted
by the defense are Incompatible. You
can not mitigate and deny at the same
time"
Dsfenss's Argument Riddled.
Various libel suit decisions were cited
by Mr.. Pound. In one case q man
merely had said, "he stole my horse
Another case was that of a woman
who sued for libel because an editor had
said she stole pocketbook which she
found on the street.
THE defense has said this case is
unprecedented" shouted Mr.. Pound. 1T
is true that the re has been q revulsion
on the part Of presidents to come into
court but can cite you a recent case
where the king Of England prosecuted
a newspaper for charging him with be-
ing bigamist, in marrying q woman
while he was sailor and before he
married the present queen. Would It
have been defense for the editor to
have como into court and say, oh, !
only knew what heard and / publish
what hear"
The argument Of attorneys in the
absence Of the jury was still on when
court adjourned until afternoon.
Court Room Packed.
Greater crowds than any since the
trial Of the suit began surrounded the
court house this afternoon. So great
became the Jam on the long flight OF
-steps leading to the main entrance that
1t was necessary for the sheriff to lock
the doors, so that the attorneys and
others entitled to seats inside were re-
quired to enter by side door. ALI the
balconies in the court room were filed,
chiefly with women, anxious to get a
glimpse Of the former president as he
sat back In somewhat isolated seat
from his attorneys, while every seat on
the floor Of the room, including many
chairs placed in the aisles, were occu-
pied.
When court convened at 3 p. m. the
attorneys continued their argument
over legal questions. The Jurors were
still excluded