Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-05-29


Roosevelt a cousin OF the colonel. and
two secret service men who travelled
with the colonel when he was presi-
dent
John Callan O'Laughlin. Wash
ington correspondent, was the hrst
witness of the day. Tho tenseness
which pervaded the atmosphere OF
Judge Flannigan's court the first two
days seemed to have subsidea.
Colonel Roosevelt entered with George
Shiras, his host here and took his ac-
customcd seat with a row of spectators
inside of the railing.
Mr.. Newett, the defendant came into
court with his counsel. He is very III, but
his ruddy countenanco hid this from all
but those who know him well. lie sat
looking straight in front OF him. utterly
motioness as he has sat thus far In the
proceedings.
| WITH ROOSEVELT 20 YEARS.
Although Colonel Roosevelt on return
ing from Europe and from his African
hunt was obliged to attend banquets and
receptions rendered him, he never In
dulged in champagne to an mmoderate
degree. was the teat'mony OF O'Laughlin
who said he had been associated with
Colonel Roosevelt for 20 years. The wit
ness said he met the former president
on the Nile after the African hunt and
accompanied him as far as Paris, acting
as secretary to Colonel Roosevelt.
OIaughlin also accompanied the colonel
on various campaign trips IN this coun-
try
During your 20 years experience with
-.
him in the slightest degree under the
influence of liquor?'
Il not only never saw him un%er the
influence of liquor but it seems absolute
y silly TO me to have any one subgest
the fact that he ever was" rep;ie ID
O'Laughlin emphatically.
Il will ask you II in 1912 and foT some
time prior if there was general report
among newspaper men that Colonel
Roosevelt drank 10 excess" asked At
torney Belden of the defense.
OLaughlin. shaking his finger at the
lawyer, replied: "There was not a reput-
able correspondent In Washington but
who thought the report was silly too
absurd to be regarded or repeated
Counsel on both sides were on their
feet with regard to this reply and the
jury was excluded.
Attorney Pound for Roosevelt, said he
found the answer embarrassing and
Belden explained that he proposed to
show what other newspapers had to say
on this subject.
The answer was stricken out by order
of the court. The lawyers then suggest
ed in the absence of the jury that the
! Of ha Ar,1il 81 nf
testimony, touching on general" reports
that Colonel Roosevelt uses liquor to ex-
cess be settled
Attorney Belden stated it was the in
tention of the defense to ask future wit
nesses In an attempt to prove the con
tention of the defense, that there was
in existence general report amounting
to a general reputation. that Colonel
Roosevelt does use liquors and some
times to excess; that these reports Wert
published in newspapers and that Colone
: Roosevelt read these reports and this
charge had never been contradicted by
him; the defendant published the report
of the former presidents reputed eXces-
sve use Of intoxicants believing it to be
true and not with any malice"
il could not be, in the presence OF
widespread comment by the public ant
in important newspapers, stated tht
lawyer. that Mr.. Roosevelt had beer
greatly damaged by the repetition o
charges of intoxication in remote
weekly with a circulation of about 800
copies. Judge Flannigan's ruling was as
follows
JUDGE FLANNIGAN'S RULING.
THE Michigan rule is very we'll settlec
that the general reputation of the plain
tiff is a matter that the defendant may
dispute, that is his general reputation
previous to the publication Of the allegec
libelous article, and evidence of thai
nature will be received
T The other question is as to whether
: or not the defendant may show tina
other newspapers published similal
charges, and may show that It was re
: ported among men that the plaintiff was
guilty of similar offenses The court /!
very well satisfied that the defendan
: Is not entitled to that testimony. anc
: no testimony of that nature Will he re
ceived
"Glson Gardner a witness, yesterday
testified under direct examination to tn,
opinion of certain correspondents II
Washington. That testimony will hav,
TO be considered drawn out by the plain
lufr | thing the defendant will have th'
right to rebuilt that statement If he Il
r able to do so.
5 whether or not the defendant vii
= he entitled to show the source of his
3 Information for the purpose of estao
| fishing good faith on his part and be-
) lief in the truth of the article must
question of whether or not the dam
ages may be increased by reason OF
{ actual malice in the publication, ano
{ the court will not pass upon that
question now That question may be
properly raised and argued when thai
= testimony is offered, That disposes OF
, all the pending questions, I think"
DEFENSE TAKES EXCEPTION.
c Mr.. Belden May we not ask news
; paper men like Mr. OI.aughlin in ref
D erence to this charge published II
7 large papers in the country?
Judge Flanagan; qualifications OF
= similar matters by other newspapers
are not accepted in mitigation OF dam
0 ages"
+ Recalled on the stand, with the jury
y present. O'Laughlin was further ex
S amined by the plaintiff. He said h,
had never smelled liquor on Mr Roose
, velt's breath and that Colonel Roose
t welt has one of the cleanest minds 20
any man I ever knew and was nove