El Paso herald. (El Paso, Tex.) 1901-1931, 1913-05-28
CASE
DRAWS BIC CROWD
fcontinued From x ID
.ould combat the attitude Of the plain
Attorney Pound here rose and said:
Pound Wanted IN she for $4,000.

Pound Wanted TO Sue for $5OOO0.
but col. Roosevelt insisted that the
amount asked for should be nominal
He did not want to be vindictive, but
wanted merely damages for the publ
cation of a falsehOOd-"
1t was stated by Mr.. BeIden that the
pecuniary damages in this case under
the law might be any sum from o
cents to 100000 regardless Of the
amount asked in the suit.
Whether the libel was true or not,
Mr. Belden argued the defendant be
lieved the article TO be true and did
not publish it out of malice.
Attorney Pound for Col. Roosevelt
said he would not oppose the attitude
of the defence that the admission OF
sOcalled hearsay evidence bearing. upon
the coIOneTs reputation as TO liquor,
was merely to mitigate damages
He contended that this evidence
should not be admitted unless II should
be proved that the defendant knew OF
the reports before he published the ar
ticIe and believed them to be true ana
based his article On them, believing
.'Under the position Of the defence
argued Mr. Pound, "a man may be as
pure as st. Paul and his reputation
may be ruined in moment Dy a LOT
of gossip rnOngers- Tho two points at
tempted by the defence are inCOmpatl-
BILE You cannot mitigate and deny ar
I the same time
Cites Case Of EngIand's King.
THE defence has said this case IS
unorecedented. shouted Mr. Pound 1T
is true that there has been reluctance
on the part Of presidents TO come mo
court, but I can cite you recent case
where the king OF England prosecuted
a newspaper Tor charging MIN WIN
being a bigamist in marrying a Won
an while he was a sailor and 6eIoFe
he married the present queen NJ QUO
ii have been a defence for the edlLor
to have come into court and say, on
I only know what heard and puollsh
what I hear|"
Not Excessive User OF Liquor.
Had Col. Roosevelt been an excessive
user Of alcoholic liquor ne never Wou-4
have survived the shock ne snsLal me-
when he was shot in Ailwauke last
year. according to Dr. Alexander Lam
bert his intimate friend ana 1aLnlIy
physician, who testlIled 4uesoay dLteL-
noon. DR.. Lambert said he had known
Col. Roosevelt since 1891, ana nad peen
on numerous hunting trips with MN
The witness said, in his. profession ne
was an expert on alcoholic SUBJECTS ana
he had treated 10000 OF them
From your close personal e1perl-
ence with Mr. Rooseyelu on hunLlls
trips and in official life at Wasnlng-
ton what would you say was ne
man who drank to excess or noIz' Dr
Lambert was asked
Dlied the witness with emphasis.
Has Splendid Physique.
DR.. Lambert said the llrsL time ne
was called upon to give mis- professional
services to Col Roosevelt was Wnen
the latter was at Mercy hospital at
Chicago suffering from the wound he
received from the bullet at milwaukee
When the witness was asked 10 de-
scribe what course the bullet took IN
the body, objection was made BY the
defence on the ground II was lmma-
Another question was permitted.
IF he had been a constant user OF
alcoholic drinks what is your, opinion
as TO his chances OF recovery!
HE would not have recovered
ITO what then do you attribute his
'To his. splendid physique, Imprisoned
Doctor PrescrIbes whisky.
DR.. Lambert then told how he had
been on hunting trips with Col. ROose-
welt in 1898. 1905 and 1907 During
these trips, he said, he never had OBJ
served Col. Roosevelt drink any whisky
except once and that was when the
colonel was suffering from "a slight
fever he had contracted in the Cuban
7 gave him teaspoonful Of whisky
to hasten the perspiratlon, said the
witness THAT was all the whisky /
'During your p years acquaintance
with him, did you ever know OF his be-
! ing under the influence OF liquor or any
4 never did"
Did you ever observe the smell Of
alcohol on his BREATH
eff he had been a user OF strong
drink to excess what would have been
I the result Of his bullet wOund2'
We'll. If he had drunk alcoholic
I drinks TO excess the wound would have
resulted in his having delirium tremens.
I 1t very often does in cases Of that
4 kind"
Meeting Of Witnesses.
/ "When crOss-eXamined Dr. Lambert
I was asked whether there had not been
I a meeting Of witnesses for the plaintiff
| in Col Roosevelts editorial office in
New York. and whether il had not been
/ talked over is to what testimony should
I be given here DR.. Lambert said he
/ had been in Col Roosevelts office and
had signed a statement giving the sub
I stance of his testimony.
| you know Mr. Roosevelt drinks wine
/ at his meals, don't you'-many of his
/ meals2"
'.No: I said I had seen him take light
I wines at lunch
"Did you ever see him drink cham
/ pagne2'
] yes. 7 have seen him drink it at
| public dinners. but never more than
] ElassfUL He drank ii at a dinner given
! to his guides on the Colorado hunting
/ trip"
Liquor on Hunting Trips.
] 'On those hunting trips there was
J li0uor carried in the camp2"
/ Yes. I had some myself
On redirect examination DR.. Lambert
, was asked, what kind OF a marksman