Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-06-02

tors and witnesses relieved their excited
nerves by moving around and discussing
the sudden turn of the case. Judge
Flanagan read his charge to the jury
immediately after recess was over.
Speaking of Col. Roosevelt as the
plaintiff. Judge Flanagan said:
"ceftainly he has convinced the court,
not only that he never was drunk, but
that he is now and always has been
temperate and abstemious man..
kttbe= same time the court held that
Mr.. Newett in publishing the editorial
was aetuated by no i'll will toward the
nlaintin. and that he acted in good faith"
BUT the court held the injury to the
nlafntiff. had he not waived his right to
damages would have sustained verdict
in any sum up TO the amount claimed in
the plaintiffs declaration, which Is Sio,-
eaa As soon as William IL. Matthews,
a miner 81 years old, foreman of the
Jury. reported the verdict as directed by
the court, court adjourned and col.
Roosevelt stepped forward and shook the
hand of each juror.
II thank you, gentlemen, each one OF
YOU" said the colonel. at was splendid,
Just perfectly splendid,
Matthew'S smooth shaven and youthful,
said the Jurors had been much impressed
with the testimony of each witness.
after Mr. Roosevelts testimony l
think we were impressed chiefly with
that of MIR. Garfield and Mr.. Riis.
said Matthews. THE statement of MI
Newett himself, that he could not
doubt that Col. Roosevelt was a tenn
perate man, after considering the
character of the witnesses, was just
now we felt.
The scene in the little mahogany
furnished court room in the red county
building on the hill overlooking Lake
Superior never for moment durinS
the "a hours and 45 minutes actual
time of the trial, extending over five
days, lost its dramatic interest.
Hour after hour Mr. Newett, al |
though suffering a serious m3lady and
with pain always visible in his face
sat listening to testimony given against |
him by former members of Col
Roosevelt's cabinet. literary men doe
tors naturalists and others of national
reputation. Ten feet away sat Col
Roosevelt. the plaintiff. The balconies
and the seats behind the lawyers en-
closure We're alwsy filled
As well as haing unusual in regard
20 the character of the charges and the
prominence of the witnesses il was
one of the briefest of civil trials
The first witness was Col Roosevelt
and the last one for the plaintiff was
Admiral George Dewey. whose testi-
mony was introduced by deposition
Between them We're James r, Garfield |
Robert Bacon. former secretary OF |
state and amha ssador to France. Glf- |
ford Pinchot, Truman II. Newberry.
former secretary of war. Major Gen |
eral Leonard Wood, chief of staff. DR.. /
Lyman Abbott, w. Emlan Roosevelt. |
a cousin of the colonel. George B. Cor
telyou, DR. Albert Shaw, William
Leob. Jr.. Jacob A. Riis, and many |
men. all of whom testified
orally or by deposition that Colonel
Roosevelt did not get drunk as |
in Mr.. Newetts newspaper.
While Col Roosevelt. smiingly de-
lightedly after the verdict was chat
ting with various persons occasionally
some appreciation of the way
in which Judge Flanagan had gov
erned the case or OF some clevernessl
Of his lawyers. Mr.. Newett was speak
ing with friends in the room. while
everybody else was watching to see if
the to principals to the suit would get
Mr.. Newett was the first to leave the ]
court room, but although he was fire.
luently halted on the way to his auto
mobile by persons who wished to ex-
press admiration of the manner in
which he has acknowledged himself in
the wrong he was on his way to his
home in Ishpeming before the colonel
left the building. The one opportunity
where they might have met casually
passed in this way and there was n
further chance, as the colonel had to
hurry to catch his train. 1t left, at $50
o'clock, and on it, beside the colonel
We're James r. Garfield, w. Emlan
Roosevelt. William Leob, Jr., and a
number of other witnesses, lawyers
and newspaper men.
The libel of which Col. Roosevelt
was published. Oct. II,
1912. in Mr.. Newett's weekly paper at
the Iron Ore. 1t took the
colonel to task for preaching TO
others when "he himself gets drunk
and that not infrequently; as all his
intimateS know"