The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1913-05-28
Testimony on Alleged General Report Of the Plain.
tffs Drinking to Be Admitted Defendant
May Not Show Other Newspapers
Printed Similar Charges
DEFENSE WILL TRY TO SHOW NO MALICE WAS INTENDED;
JOHN CAllAN 0lAUGHLIN TESTIFES FOR THE COLONEL

! also that of his general reputation"
said Belden.
The court asked Beldcn whether the
defense would combat the position of
the plaintiff that malice in The publi-
cation OF the article was the basis for
| damages Relden answered that the
lrool # malice undoubtedly would in
crease the basis for damages and the
defense would combat the attitude OF
the plaintiff
Attorney Pound rose and said
First / wanted to sue Tor tlfty thou
sand. but Rooscyelt insisted the
amount should be moderate He did
not want To be- vindielive and wanted
merely damages for falsehood"
II was stated by Mn. Beden that
precautionary damages in this case
under the law. might be any sum. from
six cents to sixty thousand dollars
regardless of the amount asked i'm the
suit. Whether IN" alleged libel was
true or not, the defendant believed the
article to be true and did not publish
! il ont Of malice, he said
! Attorney Van Benshoten, for Roose-
welt. said he would not oppose the at
ttude Of the defense that the admis-
sion of evidence bearing upon the Col
cnel's reputation as q liquor drinkcr
was moteiy to mitigate damages
Various libel suits and decisions
were cited by Pound to show the pres
cnt ease was not Gnrrccedontrd, after
which the court Adjourned until !"
( o'clock
Crowds ereater than those of any
dav sine, the trial ot the suit began
surrounded the courthouse this after
neon and clamorcd Tor admttancc.
When the court convened at "'clori
the attorneys continued their areu-
mcnts over the legal questions.
Add ROOSEVELT
The court ruled that testimony by
the defense touching on the general
report said to have existed that Roose.
Welt usel liquor To excess will he adj
mitted
Another ruling 10y the court was
that the defense will not be peimitte |
To enter evidence tending To show that
other newspapers published similar
CHARGES relative to Roosevelt's use of
iiuuor. as generally so reported
The court will rule later on the
question uf admitting testimony tend
.ne to show that the defendant acted
IN good faith and without malice.
Asks Arrest Of Witness.
Marquette Mich, MAY 2S.-Frank
Uarper Of Chicago, secretary TO Col.
roegcycl;. las, night received a telc-
gram asking for the arrest OF James
Miller, che of the forty persons VINO
signed depositious for the defense oi
Ncwcu in the Roosevelt libel SUIT, II
Miller should appear in Marquette.
The telegram said Miller was wanted
in New York on the charge oi gran"
larceny and was signed" j. J.. R"yh-
Odds"
| Attorney Andrews OF the Neweit
defense said Miller could not De
brought here as witness as he ~
h,yond the jurisdiction of Judge flan;
rigan'a court.
Miller Under indictment.
Now YORK. May 9S Assistant Dif'
trict Attorney Reynolds today con-
Grmcd the report he had asked Tor
,h, arrest of i. Martin Miller. former
IIv consul al AK Les Chapelle. II he
Iappeared at Marquette as a Witil's'
IN the Roosevelt libel suit. Miller IS
undor Indictment charged with Grand
larceny
Mint Patch is Attraction.
washington. May 9S--rhe whl'"
Louse mint patch. referred u" ny
Rooseveu and now being used by fr'S-
iaent Wilson for garnishihg pi'"N
lamb. promises To become az -
an object of interest To capita' N'si'o.s
oe the Washington monument. AZ
81. tourists are asking the wh'te
&c n,,ice 10 point out the bed that
aayo The fragrant leaves for Ro"se-
,.,trs occasional iulepS.