Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-05-31
CorteIyou, Loeb and 9th
ers Testify at the Mar
quette Trial.
SWEAR TO OHISSOBRIETY
Retraction by Publisher May
Head Off Possible DAM
ages for Colonel.
Marquette, Mich, May 81.

Marquette, Mich, May 81
George Newett went on the wit
ness stand this afternoon and
retracted the alleged libel
charging Roosevelt with drunk
enness. He said he had been
impressed that an injustice had
been done the colonel in the
publication of the article and he
deeply regretted it. The plain
tiff then asked the judge to in
struct the jury TO bring in mere
ly nominal damages.
AS instructed, the jury re-
turned a verdict awarding
Roosevelt 6 cents damages.
Marquette, Mich, May 31.-There
was no diminution of interest in the
Roosevelt libel suit today. The court
room was filed when the case was
called. An afternoon session was de-
termined upon in an effort to COM
plete, if possible, the plaintiffs evil
dence. Examinations were more brief
and speedy than heretofore.
W. Emlen Roosevelt, first cousin of
the colonel; William Loeb, Jr., col
lector of customs at New York, for
mer secretary to Roosevelt and sew.
eral secret service men who accom-
T, nied Roosevelt on trips through the
country testified to the abstemiousr9ess
of the plaintiff
The deposition of Albert Shaw, ed
itor of the Review of Reviews, was
read Shaw told of frequent meetings
with the plaintiff throughout his ca
reer. The deponent's observation was
that Roosevelt was a man of exceed
ingly temperate habits.
The next deposition was that OF
George B. Cortelyou, who was secre
tary of commerce and labor in the
Roosevelt administration, and later
secretary of the treasury. He swore
the colonel was a man of abstemious
habits.
TAKES WINE HIGHBALLS.
Frank Tyree, United States marsha
for the southern district of West Vir
ginia, who was in the secret service II
the Roosevelt administration, testified
. DonCnya1f oil TNnrfQafINr cnhar
''At banquets," the witness said, t"
have seen him take white wine witt
water in it-a wine highball, I'd cal
it."
, Coming to a visit to Milwaukee il
1908, when he was a guest of th'
Deutscher club, Tyre told how thu
colonel was pressed to take glass o
beer 81 don't drink beer" the presi
dent said But this is the drink tina
made our city famous" 1t was argued
and as a concession, Tyree said, tn
president took one swallow.
MORE OF THE SAME.
The next deposition was that O
, Lawrence II. Graham, a newspape
man, who testified he had know
| IlOOSSNSlL dl O4hN oLICA S4
war in Cuba, and later at the Whit
, house and Oyster Day. He con-:ceI
ed the plaintiff of very abstemiou
habits. George NJ. Roosevelt, son c
, a cousin of the colonel, testified h
Z had been riding. swimming, walkin
and driving with Roosevelt. On thes
r trips the colonel invariably refuse
to take liquor when it was offered b
hosts, the witness said. Georg
Roosevelt's deposition was ende
, when court adjourned until 2.
' MAY APPDY LIBEL LAW.
: Lawyers in attendance On the SUI
!. of Theodore Roosevelt against Georg
3 A. Newett, charging libel, are loordn
forward with great interest to a pro
pective ruling by Judge FlannigaI
constituting section 10,425 of the Mici
igan compiled laws, bearing on libel.
The law was designed to proteC
, newspapers from the consequences {
/ honest mistakes and provided ths
demand for retraction of libeiou
article should be made by the o
h Tended party.
Colonel Roosevelt made no such d.
: mand, it is admitted, and on this poir
+ the legal experts are looking for il
b teresting developments. The matte
e will come up when counsel for NJ
6 Newett attempts to show that the e
a itor made his charge OF drunkenness
T in good faith and without malice, b
n lieying il TO be true.
e Judge Flanagan will have to ru
T. assuming that the article was printe
|. maliciously in the absence OF deman
o for retraction. whether the alleged ba
n faith Of Mr.. Newett may be taken int
account In estimating DAMAGES.