Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-05-29
DEFENSE RESTS ON
PRINTED STATEMENTS

| CONTINUED From Page ~
presidents reputed excessive use o.
IintoXicants, believing 1t to be true and
not with any malice
Mr.. Belden maintained that such
testimony was required to show the
good faith, the absence Of malice IN
the publication Of the defendants edi
torial 1t could not be, in the presence
of widespread comment by the public
and in important newspapers, stated
the lawyer that Mr.. Roosevelt had
been greatly damaged by the REPETITION
of charges of intoxication in remote
weekly with circulation of about
5000 copies.
I'VE propose to show" continued the
lawyer, that such charges as were
made in the Iron Ore were by no
means confined to this region The
plaintiff during 1912 was the most talk
ed Of man in the United States and we
expect to introduce testimony to show
that adverse comment as to his habits
were made in many other parts OF the
country. This point bears strongly in
showing the absence Of malice on the
part of the defendant
Question reputation.
I'm the declaration to this suit, the
plaintiff not only included the ques-
tion Of his use or non-use OF liquors,
but also that of his general reputa-
tion," said Mr.. Belden.
The attorney read from the declara'
ton, quoting that Colonel Roosevelt
never had been suspected Of drink
ing alcoholic liquors to excess" On
this basis, he said, the defense would
claim the right to bring out testimony
on Colonel Roosevelt's reputation as 1t
existed in various parts of the coun-
try. The purpose Of the defense, as
pointed, out by Colonel Roosevelt's at
torneys, was to prevent the exclusion
by the court of what Is called hear
say" testimony throughout the trial. j
The court asked Mr.. Belden
whether the defense could combat the
position of the plaintiff that malice IN
the publication Of the article is basis
for damages. Mr.. Belden answered
proof of malice undoubtedly would In
crease the basis for damages and the
defense would combat the attitude of
the plaintiff.
Attorney Pound here arose and
said:
AT first l wanted to- sue for $780,
OO0 but Colonel Roosevelt insisted
that the amount asked for should be
nominal. He did not want to be
but wanted merely damages
for the publication of falsehood."
It was stated by Mr.. Belden that
the pecuniary damages in this case
under the law might be any sum from
six cents to 100000, regardless OF the
amount asked in the suit
Whether the alleged libel was true
or not, Mr.. Belden argued the defend
and believed the article to be true
and did not publish it out Of malice.
Attorney W. H. Van Benschoten for
Colonel Roosevelt, said he would not
oppose the attitude of the defense
that the admission of so-called hearsay
evidence bearing upon the colonels
reputation as to liquor was merely to
damages.
He contended however, that such
evidence should be admitted unless 1t
irst should be proved that the defend
md knew the reports before he pub
lSUSu Ll0 dIllClo dAO DOAAOv0u IAASAA W.
,e true and based his article on them,
believing them to be true. IL
Under the position of the Defense Il
lrgued Mr.. Van Benschoten, "a man ,
nay be as sure as St. Paul and his ]
equation may be ruined in a moment
~ a lot of gossip mongers. The two {
POINTS attempted by the defense are I
Incompatible. You cannot mitigate l
md deny at the same time"
Presidents Cited. = /.
Various libel suit decisions were q
tied by Mr.. Pound. In one case
nan merely had said "He stole my {
Iorse." Another case was that Of q
woman who sued for libel because an
ditor had said she stole pocketbook I
which she found on the street. {
The defense has said this case Is {
shouted Mr.. Pound.
1t is true that there has been revo- {
ution on the part of the presidents
o come into court, but can cite you Il
recent case where the king of Eng I
and prosecuted newspaper for
.harging him with being bigamist, In
marrying woman while he was a sail .
,r and before he married the present
queen. Would it have been defense
or the editor to have come into court
md say oh, only knew what heard
md I publish what l hear?'"
The arguments of attorneys, in tho
absence Of the jury, was still on when
court adjourned until o'clock this at
;ernoon.
Case to Drag.
James Pound, chief counsel for the
plaintiff, has made it known that many
lepositions are to be read after the
nearing of oral testimony which pre-
Guided the possibility of completing
he case on behalf Of Col. Roosevelt to-
morrow. Such dispositions as already