Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-05-28

self, said he would not oppose the at
titude of the defense, that the admis.
sion of the so.called hearsay evidence,
bearing upon the colonels reputation,
as to liquor, was merely to mitigate
damages.
He contended, however, that such
evidence should not be admitted I'm
less it should first be proved that the
defendant knew of the reports before
he published the article and believed
them. to be true and based his article
lcn them, believing them to be true
Gossip Mongers."
"Under the position of the defense ;
argued Mr.. Pound "a man may b..
as pure as st. Paul and his reputation
may be ruined in moment bv lot
10 fgossip mongers. The two points
attempted by the defense are incon-
patible. You cannot mitigate and
deny at the same time.
Various libel suit decisions were
cited by Mr.. Pound. In one case II
MA nmerely had said "he stole m.
purse" Another case was that of Il
woman who sued for libel because an
editor had said she stole pocket
book which she found on the street
Kind of England Sued, Too.
"The defense has said this case is
unprecedented shouted Mr.. Pound
1T is true there has been reluc
lance on the part of the presidents t,
come into court, but | can cite you a
recent case where the King of Eng
land prosecuted a newspaper for
charging him with being bigamist in
marrying a woman while he was sal
or and before he married the present
queen. Would it have been de
feuse for the editor to have come int
court and say: oh, only knew wha.
| heard and publish what | hear'?'
Argument Continues.
The argument of attorneys, in the
absence of the jury, was still on when
court adjourned until o'clock this
afternoon.
NEWELL way LoSc Wi'lc''
Marquette. Mich, May 2S.-Frant
Harper, secretary to Colonel Roose-
welt, now in this city, said to t2y ~
had received telegram asking him
Miller if he should appear in Mar
quette. The telegram said that Mil
Ter was wanted in New York on a
charge of grand larceny. Miller was
one of forty persons who signed de-
positions for the defendant. George
A. Newett in the Roosevelt libnl suit.
Attorney Horace Andrews Of the
defense. said that Miller could not be
beyond the jurisdiction of Judge Elan
nigan's court and that the defense
hsd not settled on what depCsitions
u ould be introduced in evidence.
Confirms Report.
Kew York, May 2S.-James B. Rey
nolds today confirmed the report that
he had asked for the arrest OF Mar
tin Miller, formerly consul at AK Les
t'napelie, If he appeared at Marquette
as Il witness in the Roosevelt libel suit. /
Miller is under indictment here on
charge Of grand larceny in connection |
With a check transaction. Mr. Rey
per. secretary to Colonel Roosevelt.
that word be sent mere t. |
Miller appeared in Marquette.
A Great Throng. !,
Greater crowds than any Stree the !
rial of the suit began surrounded tn. |
court house this afternoon and clam
ored for admittance. So great became
he jam on the long flight of steps lead
ng to the main entrance that it was
lecessary for the sheriff to lok tha
ioors SO that the attorneys and others
entitled to seats inside were required |
70 enter by side door All the bal
comics in the court room were filled, |
.hief1y with women anxious to get ,
glimpse of the former president as he
set back of and somewhat isolated /
rom his attorneys, while every seat |
IN the floor of the room, including
many chairs placed in the asles, were
occupied
Locked Out Ambassador.
When court convenea et Z D. m. the |
attorneys continued their argument |
cver legal questions, the jurors having |
heen excluded.
Robert Bacon. former secretary of
state and former ambassador to |
France, scheduled as the plaintiffs
witness to follow OIaughlin, found !
himself locked out when he returned |
or the afternoon session. Mr.. Bacon
went from one door to another seek
ng entrance without avail, although
court was already in session. Even