The Kadoka press and Kadoka reporter. [volume] (Kadoka, S.D.) 1910-1923, 1913-06-06
ROOSEVELT WINS
HIS LIBEL SUIT

dSdlHSO HeorSe "A. NSWebO WHO nau
charged the Colonel with drunkenness
and, having waived damages after
the defendant had utt, rel a retrac-
ton, the jury awarded the nominal
damages of 6 cents, provided in such
cases by the law of Michigan. Each
party to the suit will have to pay his
own expenses.
Judge Flanagan instructed the jury
to bring in a verdict for the plaintiff,
which they did without leaving their
seats. The colonel left for Chicago
and the East at $3.50 o'clock Saturday
evening, less than two hours after
the conclusion of the case.
The climax of the case was like the
conclusion of powerful drama.
When the afternoon session began-th
air was electrical with expectancy.
Rumors were flying that the suit
would be terminated. Counsel. how
eyer, remained uncommunicatiYe and
Attorney Benschoten, for the plain
tiff. resumed the reading of deposit
tions. It was noted, however, that
he skipped portions of these and even
ignored the testimony of some of the
witnesses who had made dispositions.
The next move was sudden.
THE plaintiff rests" Attorney
James Pound remarked in a matter
of-fact manner and every eye Was
turned toward the table where sat
the defendant and his attorneys, Hor-
ace Andrews of Cleyeland and Will
liam P. Belden of Ishpeming.
1.-The defense will call Mr.. Newett"
announced Attorney Belden and a
ruddy checked man whose color did
not disguise the fact that he is suffer
ing from a serious illness, took the
chair. In his hand he carried man
uscript. There was shuttle of sound
as the spectators adjusted themselves
the better TO hear and observe.
Col, Roosevelt sat with folded arms
at first, but when the defendant be-
gan reading his statement he moved
to the utmost of his chair and betray-
ed an excitement which his rigid jaws
could not hide. Mr.. Newett wac well
along in his reading before the colo
lei, whose position seemed that of a
man about 20 leap forward, lost the
tense look on his face.
st is fair to the plaintiff to state
that / have been unable to find in any
section of the coutry any individual
who is willing to state that he has
seen Mr.. Roosevelt drink TO excess"
At this the plaintiff smiled and re-
Taxing. spoke few words in the ear
of Attorney Benschoten. The latter
smiled back at him. The colonel
broke into grin when Mr.. Newett.
speaking distinctly and with emphas-
is. said with reference to the mass of
testimony adduced by the plaintiff:
II am forced to the conclusion that
| was mistaken"
The statement admitted that a
search of the country had been made
to investigate stories of PERSONS who
were alleged to have knowledge that
Mr.. Roosevelt drank to excess, but in
every case the stories floated out to
mere opinion or heresay.
"The libel was published in good
faith,n Newett said, Sin the belief
that it was true and proper informa-
ton for the public which was being
asked to vote for Mr.. Roosevelt for
president"
That it was true the defendant said
he never doubted until the libel suit
was begun and believed the assertion
until the trial opened.
No demand for retraction had
ever been suggested, he said, and
when the bill was filed against him
there was nothing to do but to seek
evidence and make other prepara-
tions to contest the suit. Forty 6ep-
ositions were taken in various parts
of the country but to use or attempt
to use them would be to continue an
injustice which had already become
apparent to him and to his attorneys.
Leaving the stand and returning to
his seat Mr.. Newett looked in the di-
rection of Mr.. Roosevelt but the lat
ter was absorbed in whispering to
Benschoten, his attorney. The latter
whispered in return to Attorney
Pound and he turned to Judge Flan-
nigan and said:
with the courts permission the
plaintiff would like to make brief
announcement
The judge nodded and Mr.. Roose-
velt arose. Bowing to the court. the
colonel said that he would waive the
matter of damages, save for the nom-
inal amount provided for by lsw.
Speaking of his purpose in instituting
suit he said:
i wished once for all, during my
life time, to deal with those SANDER
ara an that n.x,ar aoo;,, ,.,slf - l.