Evening journal., 1913-05-29

INTIMATES
DEFEND HIM
Not One Of Them Ever Saw
the Colonel "Under the
Influence
FORMER PRESIDENT
IS FULL OF GLEE
By Eugene MacIean. sad Correspon-

BY Eugene Maclean, STAFF Correspon-
dent OF the United Press.
MARQUETTE, Mich, May 29.--An-
other newspaper friend Of Colonel
Roosevelt c. W. Thompson, Of New
York, was called as the first witness
in the Coloners libel suit today
THAT paper said all my intimates
knew about my habits and now I've
got 'em here. by George said the
Colonel with delight as he viewed the
procession of reporters and exam
bassadors and former cabinet menu
bers as Il wended its way from the
house where T. r. and his witnesses
are staying.
Roosevelt has remained in a state OF
glee since he arst left the stand and
began hearing his friends, who suc-
ceeded him, telling what they knew
about his sobriety.
But" said he, its tough when n
man gets shot up and has a wedding
in his family and goes into lioel
suit, all in one year. That bullet in
Milwaukee cost me about $4,000 and
the wedding cost about the same ard
don't know how much I'm going to
have to pay out on score Of this suit"
After carefully going over the inn
pOrtant decision Of Judge Flanagan
on the admissiblity of evidence, at
torneys in the case today realized that
it opened a broad avenue of defense
to Editor Newett. Hearsay evidence,
.f Il
pointed out that this was not at is
sue as hearsay evidence is excluded
from all trials by the general rules
OF evidence. The chief point in the
ruling favorable to Roosevelt is the
exclusion Of newspaper clippings.
Otherwise, the whole field Of general
reputation is open to the defense.
The attorneys said that afiidavits
stating specific occasions on which
the witnesses thought that Roosevelt
was drunk, we're not excluded by the
ruling. Il is understood that some
/ of Ncwett's afiidavits included news
paper clippings. which will invalid
ate them. This point was gratifying
to the colonel's counsel and, on the
basis of IL, the Roosevelt supporters
argued that the decision was victor,
for their side.
IL was reported that Newett NIGH
take advantage of the opening in the
court ruling to take the witness stand
and testify as to his sources of in
formation regarding the colonel's
general reputation Judge Flanagan
ruling follows:
The Michigan rule is very we'll set
tied that the general reputation of
the plaintiff is matter that he de
fendant may dispute-that is his gen
eral reputation previous TO the publ.
cation Of the alleged libellous article
and evidence of that nature will be
received
THE other question is as TO whcth
er or not the defendant may show
that IL was reported among men thai
the plaintiff was guilty of similar Of
lenses. The court is very we'll salts
fed that the defendant is not entitle,
to that testimony and no testimony o
that nature will be received"
Friday. Memorial Day, there will bl
no court. and the Colonel has beef
invited to the Northern Penitentiar,
by Warden Russell TO see bal
game between the inmates. He als'
has been asked TO talk to the old sol
diers He may do both.
Mr. Thompson said he Travelled Will
Roosevelt particularly to describe tn
Colonel's actions and not to report hi
speeches.
There never was any liquor on hi
Continued On Second Page.