The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-05-28
BAND or GYPSIES !.
BROUGHT TO JAIL

material.
II regret that this subject came
inp, . said the court. Il suggest that
lit stop right here where It is"
esI willsask you If in 1912 Az for,
some time prior il there was not a.
general report among newspaper
men that Col. Roosevelt drank tol
excess asked Attorney Belden.
-o'Laughlin shaking his finger at
the lawyer replied: 81
There was not a reputable CORE
lspondent in Washington gut VINO
Ethought the report was silly, too a1-'
lsurd TO be regarded or repeated"
Counsel for both sides were ON
Their feet with regard to this reply
and the jury was excluded. Attor-
lney Pound said he found the answer
Embarrassing and Belden explained
that he proposed to show what other
newspapers had TO say on the sub
ject.
The answer was stricken out by
order of the court and the lawyers
then suggested that the legal cues
ton. of the admissability of testi-
mony touching on general ereports
that Col. Roosevelt uses liquor to
excess be settled.
Attorney Be1den stated 1t was the
intention of the defense to ask
further witnesses in an attempt to
show that there was in existence a
general report amounting to gen
seral reputation that Col. Roosevelt
does use liquor and sometimes to ex
cess! that these reports were pub
iished and that Col. Roosevelt read
these reports and this charge had
never been contradicted by him;
the defendant published the report
of the former presidents reputed ex-
cessive use of intoXicants believing
ii to be true, and with mo malice.
Mr.. Baldwin maintained that such
testimony was required to show the
good faith and the absence of malice
of the defendants editorial. IL
lcould not be in the presence of wide
fspread comment-by the: public and in
Important newspapers, stated the
lawyer. that Mr., Roosevelt had been
! greatly damaged by the repetition
of charges of intoxicatnon in a re-
imote weekly with circulation of
E3 900 copies.
eve propose to show" continued
the lawyer, that such charges as
were made in the Iron Ore were by
no means. confined to this region.
The plaintiff during 1912, was the
most talked of man in the United
states and we expect to Introduce
testimony to show that adverse
comment as to his habits were made
in many other parts OF the country.
This point bears strongly in showing
the absence of malice on the part d
the defendant.
- Attorney Benschotem for Col.
Roosevelt said he would not oppose /
the attitude of the defense that the
admission of so-called zhearsay evil
dence bearing on the colonel's repu-
tation as to liquor was merely to
mitigate damages. He consented,
however. that such evidence should
not be admitted unless it first should
be proved that the defendant knew
of the reports before he published
the article and believed them to be
true and based his article on them.
.Under the position of the de-
fense," argued the lawyer, "a man
may be as pure as st. Paul and his
may be ruined in a mo-
ment by a lot of gossip mongers.
The two points attempted by the, de-
tense are Incompatible. You can
not mitigate and deny at the same
time"
Various decisions were cited by
Attorney Pound.
e.The defense has said that the
case is unprecedented shouted MT.
Pound. 1T is true that there has
been a revulsion on. the part of pres
idents to come into court but l can
cite you a recent case where the
king of England prosecuted news
paper for charging him with being
bigamist Would it have been
defense for the editor TO have come
into court and say oh, 4 only knew
what heard and L publish what
hear" .----
I'm the declaration of the suit the
plaintiff not only included the ques.sf
ton of his use or non use of liquor
but also of his general reputation
said Mr.. Belden.
The attorney read from the declar-
alton quoting that Colonel Roosevelt
never had been suspected of drinking !
alcoholic liquors to excess" On this
basis, he said, the defense would
claim the right to bring out testimony
on Colonel gyRoosevelt's reputation in |