Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-05-29
Friends and Associates for
Years Declare Rough Rider
Only INDUCES in lntoxicants
on Rare Occasions,
JUDGE RULES OUT ALL
HEARSAY EVIDENCE
Persons in Position to Know
Facts May Testify But
Newspaper Stories Are Not
Admitted at Hearing,

isy noarro lovsast srsc,s, tssssn ~lrsi
Marquette. Mich. May 2o.-Mcn
who have been associated With Colonel
Roosevelt IN public aud private llfc.
who met him on the Nile when ne re.
turned from his African hunting TIP,
ana newspaper men who nceompa.
nicd him on his various polltlca' cam
puigns. testified today In Colonel
Roosov0lts libel suit against Georgc
\. Ncwett. newspaper owner ~ lsh-
pemlng. Mich. that the former protl-
dent not only was not drunknrd.
hut that he WAS notably and extreme
Is tcmpcrate IN the use OF ntoNlcanls.
Il would have been impossible. the
witnesses said for Colonel Roosevelt
ever TO have been under the Influence
of liquor without the fact becoming
known 10 his associates. Il would have
been equally impossible. ihct testified
for him "a have drunk liquor With any
regularity without the smell of Il be-
Ing apparent on his breath, 70 the
friends who testified
Throughout the heuring OF the
case. in which the former president
Ia suing for $4,000 DAMAGES because
II the publication last October, Of an
editorial In Iron ore. a weekly paper.
published by Newett, charging him
with getting drunk. Colonel Roosevelt
listened with evident satisfaction a.
the testimony of former mcmters of
his oubinrt aud newspaper men Fro
auenHy his face III with a smiic as
an Incident of his campaigns or hunt
ing trips was related from the witness
stand
once Colonel Roosevelt gave vent
TO an audible chucklp. That was when
Robert bacon. former secretary o.
state. Ia telling OF his acquaintance
with members of the Roosevelt fam
lly said the colonel was the father Of
i've children instead Of ss.
Colonel Roosevelts sense Of humor
was awakened az once bY this lapse
Of Mr. Iacon's mcmory and the hearty
chuclkle which he vnlnly tried TO
smother In his hnnd caused ripple
OF laughter ubout the court room
The days proceedings were marked
by an important ruling By Judge Rich
ard c. lflannlgan, which, IN the intro
ductlon OF evidence By the defense
win have the effect OF excluding Ger
tain kinds of hearsay testimony This
ruling cnmc after a prolonged argn-
ment. during which the Jurors were
excluded from the room and after ntf
tornoys for Colonel Roosevelt had
urged for the exclusion OF a certain
kind of testimony which they said
might be introduced bv the defense
through deposltions taken by persons
In different pnrts Of the country
The effect of the ruling was that
Colonel Rooscvclts general repuia-
tion is an issue in the case und testi-
mony beurlng upon his reputation
NAV BE introduced but that rumors or
reports about him coming from per-
sons not qualified hy experience TO
Judge, shall not be admitted. In the
future progress Of the hearing, Il was
explained In court. a person who has
Travelled extensively with the former
president, or who has been assoclatcd
with him with any degree Of con-
stancy, may testify Us to his reputn
tiOn. But u man who heard the colonel
deliver political speech or saw him
fof only q few minutes IN crowd
may not testify as TO his general repu-
tution. although he may tell how the
colonel acted or appeared at that par
tleular time
james II. Pound and william H.
Van Benschoten Colopel Rooscvelts
attorneys. said the ruling was agree
ablo to their argument Horace An
drews. one OF Mr. Newett's counsel.
described the present civil action as a
'sem-crlminal case" und pleaded for
unrestricted admission OF evidence By
the defense.
Almost every phase Of Colonel
Itoosevelts public life was touched
upon bv todays witnesses, Al of them
spoke with emphasis when they ex-
pressed personal knowledge In deny
ing. az the editorial charges, that the
colonel gets drunk and that not IN
frequently ana All his intimate friends
know It. 1t was asserted that when
ever Colonel Roosevelt drank cham
paigne or wine or mint inlcps, II was
out Of courtesy to his host az some
public function. tnat he often took
only mouthful from wine glass
and that ON one occasion he ordered
q railroad company not 70 place In his
special ear the usual supply OF liquors
placed in such ears.
The witnesses were Mr.. Bacon,
Truman IL Newberry. former secre-
tary Of the navy. John Callan
a Washington newspaper
correspondent. Lucius r. Curtis, a
York newspaper man. ana Gibson
Gardner a newsuaper man who after