Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-06-02
EDITOR NEwEr MAKES RETRAc.
TON AND APOLOGY IN
COURT. :
COLONEL Asks JUDGE
FOR NOMINAL DAMAGES
Verdict for Q Csstso 10 rhsrsupon Re.
turned and cAee Comes to Sudden
and Dramatic End-RoossvsIt Ad-
drsssso Court Explaining Rsasens for
Aetion-Stepo 9landsreus Story.

M2eQUcIte, A1Co>v Juno Ss-SOA. AAeo0
dors Roosevelt Saturday won his libel
suit against George A. Newett, who
charged the colonel with drunkenness
and having waived damages after the
defendant had uttered . retraction, the
jury awarded the nominal damages OF
s cents. provided in such cases by the
law Of Michigan. EAch party to the
suit win have to pay his own expenses.
Judge Flanagan instructed the jury
to bring in q verdict for the plaintiff,
which they did without leaving their
seats. The colonel left for Chicago and
the east At $3.50 o'clock this evening.
less than two hours after the conclusion
of the case.
The climax Of the case was like the
conclusion Of . powerful drama When
the afternoon session began. the air
was electrical with expectancy. Rumors
were flying that the suit would be
terminated. Counsel, however, remained
uncommunicative and Attorney Ben
schotten for the plaintiff resumed the
reading Of depositions. It was noted.
however, that he skipped portions Of
these and even ignored the testimony
Of some witnesses who had made depo-
sitionS.
A Sudden Move.
The next move was sudden.
"The plaintiff rests" Attorney James
H. Pound remarked in a matter Of fact
manner. and every eye was turned
toward the table, where sat the defend
ant and his attorneys. Horace Andrews,
of Cleveland. O.. and William p. Belden.
Of Ishpeming.
'The defense will call Mr.. Newett,"
announced Attorney Belden, and
ruddy checked man. whose color did
not disguise the fact that he was suf-
fering from q serious illness took the
chair. In his hand he carried manu-
script. There was . scufhe Of sound AZ
the spectators adjusted themselves. the
better to hear and observe.
Colonel Roosevelt sat with folded
arms at flfSt. but when tho defendant
began reading his statement, he moved
to the utmost end Of his chair, and be-
trayed an excitement which his rigid
jaws could not hide. Mr.. Newett was
well along in his reading before the
colonel whose position seemed like that
of a man about to leap forward lost the
tense look on his face.
at il fair to the plaintiff to state that
have been unable to find in any sec
tion Of the country any individual who
fs willing to state that he has seen Mr..
Roosevelt drink to excess"
Nowett Admits Mistake.
At this the plaintiff smiled and re-
laxing spoke few words in the ear OF
Attorney Benschotten. The latter
smiled back at him. The colonel broke
into grin when Mr.. Newett speaking
distinctly and with emphasis. said with
reference to the amount of testimony
adduced by the plaintiff, II am forced to
the conclusion that was mistaken"
The statement admitted that a search
OF the country had been made to in
vestigate stories Of persons who were
alleged to have knowledge that Mr..
Roosevelt drank to excess, but in every
case the stories fattened out to mere
opinion or hearsay
"The libel was published In good
faith" Mr.. Newett said, Gin the belief
that 1t was true and proper informa-
ton for the public which was being
asked to vote for Mr.. Roosevelt for
president.
That it was true, the defendant saii'.
he never doubted until the libel suit
was begun and believed the assertion
until the trial opened.
No demand for retraction had ever
been filed, he said. and when the bill
was flied against him there was moth
ing to do but to seek evidence and
make other preparations to contest the
suit. Forty depositions were taken in
various parts Of the country. but to use
them or attempt to use them would be
to continue an injustice which had all
ready become apparent to him and to
his attorneys.
Nswstt Looks at Roosevelt.
Leaving the stand and returning to
his seat Mr.. Newett looked in the di-
rection Of Colonel Roosevelt. but the
latter was absorbed in whispering to
ATTORNEY Benschotten. The latter
whispered in return to Attorney Pound
and he turned to Judge Flanagan and
said:
with the courts permission, the
plaintiff would like to make a brief
announcement"
The Judge nodded and Mr.. Roosevelt
rose. Bowing to the court, the colonel
said that he would waive the matter Of
damages, save for the nominal amount
provided by law. Speaking of his pur-
pose in institutins suit he said:
Roosevelt Content.
"Your honor, in view Of the state
ment Of the defendant ask that the
court instruct the jury that I desire
only nominal damages. I did not 30
into this case for money. did not
go into It for any vindictive purpose.
/ went into it and, as the court said.
made my reputation an issue. be-
cause I wished once for all during
my life time. thoroughly and COM
prelensively, to deal with these SLAM
ders SO that never again will 1t he
possible for any man in good faith
Ccsntinued on Second Page.l