New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-29
ASSOCIATES ON THE STAND
Men Who Have Long Known the
Ex- President Emphatic in
Declaring Him Notably
end Extremely Tenn
perate in Drinking,
MANY STILL TO BE HEARD
Dispositions Also To Be Read, and
To-morrow's Holiday Recess Ex-
pected to Keep the Case
from the Jury Until
Next Week.

Next Week.
Marquette. Mich, May 2s-Men who
have been associated with Theodore
Roosevelt in public and private life.
who met him on the Nile when he re-
turned from his African hunting trip,
and newspaper men who accompanied
him on his various political cam
paigns. testified to-day in the coloners
$4,000 libel suit against George a.
Newett. A newspaper owner Of Ishpem-
ing, Mich, that the former President
not only was not a drunkard but that
he was notably and extremely temper
ate in the use OF intoxicants
II would have been impossible. the
witnesses said, for Colonel Roosevelt
ever to have been under the influence
Of liquor without the fact becoming
known TO his associates. 1t would
have been equally impossible, they tes-
with any regularity without the smell
Of it on his breath being apparent To
the witnesses.
Throughout the hearing Colonel
Roosevelt listened with evident satis-
faction TO the testimony Frequently
his face lit up with a smile as some
incident of his campaigns or hunting
trips was related.
Once-9olonel Roosevelt gave vent 10
an audible chuckle. That was when
Robert Bacon, eX-Secretary Of State. in
telling of his acquaintance with men,
bers Of the Roosevelt family, said the
colonel was the father of five children,
although ne has six.
Six Hours in Court.
For almost six hours of testimony or
argument by attorneys Colonel Roose-
welt occupied his chair just back of his
counsel. He sat sometimes tilted back
against the railing. twitching his watch
chain and occasionally casting his eyes
toward the balconies crowded with
women. and sometimes leaning forward
to whisper TO his attorneys.
The days proceedings were marked
by an important ruling by Judge Rich
ard c. Flanagan which in the introduc-
tion of evidence by the defence will
have the effect Of excluding certain
kinds of hearsay testimony. This rul-
ing came after a long argument during
which the Jurors were excluded from
the room and after attorneys for Colo
mel Roosevelt had argued for the ex-
clusion Of a certain kind Of testimony
which they said might be introduced by
the defence through dispositions taken
from persons in different parts of the
country.
The effect Of the ruling was that
Colonel ROosevelt's general reputation
is an issue in the case. and testimony
bearing on his reputation may be in
troduced. but rumors or reports about
his reputation coming from persons not
qualified by experience TO judge shall
not be admitted. 1t was explained in
court that a person who has travelled
extensively with the former President.
or who has been associated with him
with any degree OF constancy. may
testify as 10 his reputation. But a man
who heard the colonel deliver a politi-
cal speech, or saw him for only few
moments in crowd. may not testify
as TO his general reputation. although
he may tell how the colonel acted or
appeared at that particular time.
James II. Pound and William II. Van
Benschoten. Colonel Roosevelt's attor-
neys. said the ruling was agreeable TO
their argument. Horace Andrews one
of Mr.. Newett's counsel, described the
present civil action as "a semi-crminal
case" and pleaded for an unrestricted
ruling on the admission OF evidence by
the defence.
All Deny Colonel Gets Drunk"
Almost every phase of Colonel Roose-
velt's public life was touched upon by
to-day's witnesses. All spoke with EN-
phasis when they expressed personal
knowledge in denying. as the editorial
charges. that the colonel gets drunk
and that not infrequently. and all his
intimate friends know it," 1t was as
serted that whenever Colonel Roosevelt
drank champagne or wine or mint
tuep, il was out of courtesy to his
host at some public function. that he
often only took a mouthful from a
wine glass and that on one occasion he
ordered a railroad company not TO
place in his special car the usual sup
ply OF liquors usually placed in sucn
cars.
Repeatedly and in varied phrases the
same question was put to each wit
ness.