Arizona republican., 1913-06-01

around and discussing the sudden turn of the case. Judge Flannigan read the charge to the jury imme- diately after the recess. Speaking of Colonel Roosevelt as the plaintiff, Judge F'lannigan said: Certainly he has convinced the court that not only was he never drunk but now and always has been a Ftemperate and abstemious man."
 At the same time the court held that Hewett in publishing the state ment was not actuated by actual ill-win toward the plaintiff and that he acted in good faith. But the court held the injury to the plain tiff had he not waived the right to damages would have sustained verdict of any sum up to the amount claimed in the plaintiffs declaration, which was ten thousand dollars.
 T thank you gentlemen. each one of you" the colonel said Tt was splendid, just perfectly splendid"
 Matthews smooth shaven and youth ful, said the jurors had been much inn pressed by the testimony of each wit ness, After Colonel Roosevelt's tes- timony I think we were impressed
 
 Matthews said.
 The statement of NeWett himself that he could not doubt that Colonel Roose- welt was temperate man after con sdering the character of the witnesses was just how we felt.
 The scene in the little mahogany furnished court room in the red county building overlooking Lake Superior oac Ea A hours and 48 minutes actual time the trial has extending over in five days, lost it's dramatic interest.
 Hour after hour, Newett, although suffering from serious malady with the pain always visible in his face, sat listening to the testimony given against him by members of Colonel RooseveIt's cabinet doctors. literary men and law yers with reputation as naturalists Ten feet away sat the defendant. The balconies and seats behind the law yer's enclosure were always filled. As well being unusual in regard to the character of the charges and promin- briefest civil trials.
 The first witness was Colonel Roosevelt and the last one for the plaintiff was Admiral George Dewey whose testimony was introduced by de- position. Between them were James R. Garfield. Robert Bason. former secre- tarv of state ambassador to France: Clifford Pinchot. Truman H NeWberry former secretary of war; Maj General Wood, chief of staff; Dr. Lyman Ab- bolt w. Emlin Roosevelt, a cousin of the colonel; George B. COrtelyOu, Dr. Albert Shaw. William Loeb Jr- and Jacob A. Riis and many newspaper men, each of whom testified, orally or by deposition, that Colonel Roosevelt did not ''get drunk" as charged by Newett's newspaper.
 While Colonel Roosevelt was smil- ing delightedly after the verdist and chatting with various persons, he was occa ssiOnally uttering some appreca- tion of the way which Judge Flanni- gan handled the case, or some of the cleverness of his lawyers. NeWett was speaking with his friends in the room while everybody was also watching to see the two principals in the suit get together.
 Newett was the first to leave the court room. but although frequently halted on his way to his automobile by persons who wished to express admir- ation of the manner in which he had i acknowledged himself wrong, he was l on his way home to Ishpeming before 1 the colonel left the building. One op- portunity where they might have met l casually was passed in this way and l there was no further chance as the | colonel had to hurry to catch his train. 1 It left at 5:3Q o'clock and on it besides | the colonel were James R. Garfield, W. l Emlin Roosevelt, William Loeb Jr., and l a number of other witnesses, lawyers ! and the newspaper men. The libel | which Roosevelt complained of was 1 published on October 12, 1912. New l ett's weekly paper the 1shpeming | Iron Ore" took the colonel to task for l preaching to others when he himself gcts drunk and that not infrequently 1 as all his intimates know"