The Birmingham age-herald., 1913-05-29

or not the damages may be increased
by reason of actual malice in the pub
ication, and the court will not pass upon
that question now That question may
be properly raised and argued when that
testimony is offered. That disposes of
all the pending questions, think"
Mr.. Belden: May we not ask news
paper men like Mr.. O'Laughlin in ref
erenee to this charge published in large
papers in the country
Judge Flannigan: publications of SINH
lar matters by other newspapers are not
accepted in mitigation of damages"
Recalled to the stand, with the jury
present, O'Laughlin was further examined
by the plaintiff.
Did you ever smell LIQUOR on Mr.
Roosevelt's breath?"
Never"
what do you say as to his language
was it clean or profane?"
Colonel Roosevelt has one of the clean
est minds of any man I ever knew"
was he ever profane?'
Never profane."
Gibson Gardner another Washington
newspaper man who testified yesterday
was recalled and examined by the de-
tense. His brief testimony was a repeti-
ton of what he had previously given.
Robert Bacon, former secretary of state
and former ambassador to France next
testified. His testimony on substance
was:
Born in Boston
II was born in Boston in 1860 I lived
in Boston until 1894 when | moved to
New York. l was in business there until
1903, when | retired for a year or two,
after which, in September 1906 became
assistant secretary of state under Mr..
Roosevelt l continued as assistant secre-
tary of state until January, 1909, when
was appointed secretary for the remainder
of Mr.. Roosevelt's administration. In
December, 1909 | was appointed ambas-
sador to France by President Taft from
which position l resigned in May, 1912, to
become Fellow of Harvard college,
which position [ now hold"
II have known Theodore Roosevelt in
timately for about Sc years. having been
classmate of his at Harvard college.
where we graduated in 1880. At college
he was one of the eleanest minded, most
fearless boys.I have ever known. He was
always in the best of training physically,
one of his chief recreations being wrest-
ling and boxing. He was a good fighter,
and I think the fairest fighter that / have
ever known.
'As he went back to New York after
for the next 10 or u years, but was in
constant touch with him, our families be-
ing intimate.
Intimate Association
For the next 10 years we were both
so busy that I was not brought into close
daily contact with him, but continued our
intimate association. During the four
years that | was in the state department
under Mr.. Roosevelt's administration l
saw him constantly, almost every day, at
all times Of the day and night, officially
and unofficially and frequently lunched
or dined with him. The President was
always in the best of physical training,
reserving several hours every day for
different kinds of hard exercise, boxing
and in other ways. Some of us who were
his most intimate friends in the govern
ment always accompanied him,
''On his return from Africa, Mr.. Roose-
welt spent a week at my house in Paris,
where | was with him every moment of
day or night except when he was sleeping,
and since my return ] have often seen
him either at his own house or mine. for
we lived near each other in the country
on Long Island.
During all my life long ASSOCIATE. n
with Mr. Roosevelt, and especially in the
four years of my closest personal daily
contact in Washington, | know that It
was impossible for him to have been a
drinking man without my knowledge. He
is not and never has been.
AbstemiOus and Temperate
81 know very few men who have been
so abstemous and temperate. His whole
life, both public and private, has been
clean and decent, in thought, speech, ac-
tion and any suggestion of statement that
he has ever been anything but alb
stemious and temperate to the highest de-
gree is unqualifedly false.
"Of this all his friends and intimates
are absolutely sure. and l have never
heard from any one of them the least
suspicion to the contrary
Only one question was put to Mr.. Bacon
by the defense.
You were with Mr. Roosevelt on his
trips around the country"
Never"
Lucus F. Curtis, New York news
paper man, testified that he was with
Colonel Roosevelt at various times durine
the period from June, 1910, until after the
election last year. going on campaign
trips.
From your first acquaintance with
Colonel Roosevelt until after the election
Of 1912, what can you say as to his drink.
ing liquor of any kind?"
II never knew of his drinking anything
except as a courtesy when he was q
guest
During the time you were with him
would ~ have been possible for him tc
have been drunk without your knowing
it?"
1T would not have been possible
'You have been often at his home al
Oyster Bay. Did you observe that he evei
drank to excess at his homer"
HE did not"
when you travelled on trains witt
him on campaign trips, did you ever
see him indulge in liquor?'
He did not indulge in it."
Curtis Cross Exa mined
Mr.. Belden. counsel for the defense
cross examined Curtis
do you know whether a suppIv n,
liquor was carried on Colonel Roose.
velt's private carr"
Yes, sir: / know Colonel Roosevelt
gave orders that the railroad compan,
should not stock his private car witt
the supply of liquor as Is usually
done?"
Did you ever see Colonel Roosevelt,
drink wine or liquor on any campaign
trips?'
Not on the train but sometimes
elsewhere. At the st. Louis Country
club l saw him drink about two swal-
lows of mint julep. At Senator War.
ren's ranch in Wyoming / saw him
drink glass of wine"
Truman Fl. Newberry, formerly Sec
retary of the Navy, told of his rela-
tions with the plaintiff since 1895, when
they first met and through the period