New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-01
I libel SUIT WON
BY ROOSEVELT
Continued from first page.

tators and witnesses relieved their ex-
cited nerves by moving around and
discussing the sudden turn Of the case.
Judge Flanagan read his charge 10
the jury Immediately after recess was
over.
Medication from Bench.
| Speaking of Colonel Roosevelt as the
/ plaintiff, Judge Flanagan said:
Certainly he has convinced the court
! not only that he never was drunk. tut
/ that he is now and always has been a
! temperate and abstemious man.
At the same time the court held that
! Mr.. Newett. in publishing the editorial,
was not actuated by actual i'll VIII
! toward the plaintiff and that he acted
/ in good faith" But, the court held,
the injury TO the plaintiff. had he not
waived his right to damages, would
/ have sustained a verdict in any sum
up TO the amount claimed in the plain
| tiffs declaration. which is $4,000.
Ever at Dramatic Pitch.
The scene in the little mahogany fur
! building on the hill overlooking Lake
/ Superior never for a moment during
| the twenty -four hours and fortyfive
minutes actual time of the trial, eX-
tending over five days, lost its dramatic
| interest.
/
/ though suffering a serious malady and
/ with pain always visible in his face.
J sat listening TO testimony given against
! him by former members Of Colonel
! Roosevelt's Cabinet literary men, doc
| tors. naturalists and others of national
reputation. Ten feet away sat Colonel
| Roosevelt The balconies and the seats
behind the lawyers Enclosure were al
ways filed.
AS we'll as being unusual in regard
| TO the character Of the charges and
the prominence Of the witnesses. il was
one Of the briefest of civil trials.
! The first witness was Colonel Roose-
| welt and the last one for the plaintiff
was Admiral George Dewey, whose
| testimony was introduced by deposit
| ton. Between them were James Il.
Garfield, Robert Bacon. former Secre-
tary Of State and Ambassador to
France: Clifford Pinchot, Truman II.
Newberry. former Secretary Of War;
Major General Leonard Wood, chief of
staff: DR.. Lyman Abbott, w. Emlen
Roosevelt a cousin Of the colonel,
George &. CorteIyou, DR.. Albert Shaw
William Loeb. jr.. Jacob A. Riis and
many newspaper men. all Of whom tes-
tilted orally or by deposition that Colo
mel Roosevelt did not get drunk, as
charged in Mr.. Newett's newspaper.
While Colonel Roosevelt, smiling de-
lightedly after the verdict, was chat
ting with various persons, occasionally
uttering some appreciation Of the way
in which Judge Flanagan had gov
erned the case or of some cleverness Of
his lawyers Mr.. Newett was speaking
with friends in the room, while every
body else was watching 10 see if the
two principals TO the suit would get to-
gether.
No Chance for Hand Shaking,
Mr. Newett was the first 10 leave the
courtroom, but although he was fire.
quentIy halted on the way TO his auto
mobile by persons who wished 70 ex-
press admiration of the manner in
which he had acknowledged himself in
the wrong. he was on his way 10 his
home in Ishpeming before the colonel
left the building.
The one opportunity where they
might have met casually passed in this
way. and there was no further chance,
as the colonel had to hurry TO catch
his train. on it, besides the colonel,
were James r. Garfield, W. Emlen
Roosevelt William Loeb, jr, and
number Of other witnesses, lawyers
and newspaper men.
The libel of which Colonel Roosevelt
complained was published October II,
1912, in Mr.. Newetts weekly paper at
| Ishpeming, "rhe Iron Ore"