Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-05-28
COLONEL SOBER, MANY
FRIENDS ON STAND, SAY
Continued from First Paee)

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 alb
sence of malice on the part Of the
| defendant"
In the declaration to this suit the
plaintiff not only included the ques-
I ton of his use or non-use of liquors,
but also that of his general reputa-
tion." said Mr.. Belden.
TheAattorney read from the decla-
ration, quoting that Colonel Roose-
Welt had never 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 Roosevelt's rep
utation in various parts of the coun-
try.
The court asked Mr.. Belden
whether the defense would combat
the position of the plaintiff that mall
ice in the publication of the article
was basis for damages. Mr.. Belden
answered proof of malice undoubtedly
would increase the basis for damage,
and the defense would combat the at
titude of the plaintiff.
Wanted to sue for $4,000.
Attorney Pound rose here and said:
"At first / wanted to sue for $4,000,
but Colonel Roosevelt insisted that
the amount asked for should be nom
inal. He did not want to be vindic-
tive, but wanted merely damages for
the publication of a falsehood.'
1t was stated by Mr.. Beiden that
the pecuniary damages in this case
under the law might be any sum
from six cents to $4,000, regardless
of the amount asked in the suit.
Whether the alleged libel was true
or not, Mr.. Belden argued, the de-
PENDANT believed the article to be
true and did not publish it out or
malice.
Attorney w. H. Van Benscheten, for
Colonel Roosevelt, said he would not
oppose the attitude of the defense
that the admission of so-called hear
say evidence, bearing upon the col
onels reputation as to liquor, was
merely to mitigate damages.
He commended, however. that such
evidence should not be admitted un-
less it had first been proved that the
defendant knew of the reports before
he published the article and believed
them to be true and based his arti-
Gle on them, believing them to be
true.
Under the position of the defense"
ARGUED Mr. Van Benschoten, "a man
may be as pure as st. Paul and his
reputation may be ruined in mo-
ment by lot of gossip-mongers. The
two points attempted by the defense
are incompatible. You cannot miti-
gate and deny at the same time"
Various libel suit decisions were
cited by Attorney Pound. In one
case a man merely had said 'he stole
my horse" Another case was that
of a. woman who sued for libel be-
cause an editor had said she stole
pocketbook which she found on the
street.
1.-THE defense has said this case is
unprecedented" shouted Mr.. Pound.
1T is true that there has been re-
vulsion on the part of presidents to
/ come into Court, but can cite you a
recent case where the King of Eng
I land prosecuted newspaper for
charging him with being a bigamist
I in marrying before he married the
present queen. Would it have been
/ defense for the editor to come into
court and say, oh, I only knew what
1 heard and publish what hear?' ="