The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1913-05-29
ASSOCIATES OF
ROOSEv WELT SAY:
DRUNK !? NE EvER'
Members of African Party
and Newspapermen Take
Stand in Marquette
Libel Suit
NOTABLY TEMPERATE
IN USE OF LIQUOR
T. r. Listens With Satisfac-
ton When Former Cabi-
net Members Testify

"
MARQUETTE, Mich. May 2S.-Men
who have been associated with Colonel
Roosevelt in public and private life
who met him on the Nile when he
returned from his African hunting trip
and newspaper men who accompanied
him on his various political campaigns
testified today in Colonel Theodore
Roosevelt's libel suit against George
A. Newett, a newspaper owner OF Ish-
peming, Mich. that the former presi-
dent not only was not a drunkard, but
that he was notably and extremely
temperate in the use of intoxicants.
1t 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
testified, for him TO have drunk liquor
with any regularity without the smell
of it being apparent on his breath to
the friends. who testified.
LISTENS WITH SATISFACTION
Throughout the hearing of the case
in which the former president is suing
for $4,000 damages because of the
publication last October of an editoria'
in Iron Ore. a weekly paper published
by Newett, charging him with getting
drunk, Colonel Roosevelt listened witt
evident satisfaction to the testimony
of former members Of his cabinet ane
of newspaper men. frequently his face
lit up with smile as some incident oi
his campaign or hunting trips was re.
lated from the witness stand.
Once Colonel Roosevelt gave vent te
an audible chuckle. That was when
Robert Bacon. former secretary OF
state. in telling of his acquaintance
with members of the Roosevelt family
said that the colonel was the father OF
five children instead of six.
Colonel Roosevelt's sense of humor
was awakened at once by this lapse
of Mr.. Bacon's memory. and the hearty
chuckle which he vainly tried to
smother in his hand caused ripple OF
laughter about the courtroom.
IMPORTANT RULING MADE
For almost six hours of testimony
taking, or argument, by attorneys
Colonel Roosevelt occupied his chair
just back of his counsel. He sat some
times tilted back against the railing,
twitching his watch chain and occa
siona1ly casting the glints of his thick
eyeglasses toward the balconies crowd
ed with women, and sometimes leaning
forward to whisper with his attorneys.
The days proceedings were marke
by an important ruling by Judge Rich
ard C. Flanagan, which, in the intro
duction of evidence by the defense, will
have the effect of excluding certain
kinds of hearsay testimony. This rul-
ing came after a prolonged argument.
during which the Jurors were excluded
from the room, and after ATTORNEYS for
Colonel Roosevelt had urged for the
exclusion of a certain kind of testi-
mony which they said might be intro
duced by the defense through deposit
tions taken from persons in different
parts of the country.
REPUTATION ISSUE In CASE
The effect Of the ruling was that
Colonel Roosevelt's general reputation
is an issue in the case and testimony
bearing upon his reputation may be
introduced, but that rumors or reports
about his reputation coming from per
sons not qualified by experience to
Judge, shall not be admitted In the
future progress of the hearing it was
explained in court a person who has
travelled extensively with the former
president, or who has been associated
with him with any degree OF con-
stancy may testify as to his reputa-
tion. But man who heard the colo
mel deliver a political speech, or saw
him for only a few moments in a
crowd may not testify as to his gem
eral reputation, although he may tell
how the colonel acted or appeared at
that particular time.
James II. Pound and William van
Benschoten, Colonel RooseyeIts at
=
torney's, said the ruling was agreeable
to their argument Horace Andrews.
one of Mr.. Newett's counsel. described
the present civil action as .semi-
criminal case and pleaded for nm
restricted evidence by the defense.
EVERY PHASE TOUCHED UPON
Almost every phase of Colonel
=. =
Roosevelt's public life was touched
upon by today's witnesses. All of them
spoke with emphasis when they ex-
pressed personal knowledge in, denying.
as the editorial charges, that the colo
mel gets drunk and that not infre-
frequently. and all his intimate friends
know it 1t was asserted that when
Colonel Roosevelt drank wine or mint
ju1eps, it was out of courtesy to his
host al some public function. that he