Mexico Missouri message., 1913-06-05

! attorney van Benschoten. The lat
ter whispered, in turn, to Attorney
Pound, and he turned to Judge Elan.
nigan and said:
with the courts permission the
plaintiff would like TO make a brief
announcement
The judge nodded and Mr.. Roose-
welt arose. Bowling to the court, the
colonel said that he would waive the
matter Of damages save for the nom.
inal amount provided by law Speak
ing of his purpose Of instituting the
suit he said:
Il wished once for all during my
life time to deal with those SANDERS
so that never again will it be posi-
BILE for any man in good faith to re-
| peat them"
Here recess was taken and the spec
tators 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 Finnigan said:
Certainly 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."
At the same time the court held
that Mr.. Newett, in publishing the
editorial, was not actuated by actual
Ill will toward the plaintiff and that
he acted in good faith"
But the court held, the injury to
the plaintiff had he not waived his
right to damages. would have sus-
tanned a verdict in any sum up to the
amount claimed in the plaintiffs dec.
laration, which is $4,000.
AS soon as William II. Matthews. a
! miner, 81 years old. foreman of the
jury. reported the verdict as directed
by the court, the court adjourned and
shook the hands of each Juror.
Il thank you gentlemen each one
of YOU" said the colonel 1T was
splendid, just perfectly splendid"
Matthews, smooth-shayen and
youthful. said the Jurors had been
much impressed with the testimony
of each witness.
After Mr. Roosevelt's Testimony.
think we were impressed chiefly with
that of Mr.. Garfield and Mr. Riis," said
Matthews. The statement of Mr..
Newett himself, that he could not
doubt that Col Roosevelt was a tenn
perate man after considering the
character Of the witnesses, was lust
how we felt"
The scene in the little mahogany
furnished court room in the red coun-
ty building on the hill overlooking
Lake Superior never for a moment
during the "a hours and As minutes
of the trial, actual time extending
over five days, lost its dramatic in.
terest. Hour AFTER hour, Mr.. Newett,
although suffering from a serious NAL
ady and with pain always visible in
his face, sat listening to testimony,
given against him by former men,
bers of Col Roosevelt's cabinet, lit
erary men, doctors, naturalists and
others OF national reputation Ten
feet away sat Col Roosevelt the
plaintiff. The balconies and the
seats behind the lawyers Enclosure
were always filed.
AS well as being unusual in regard
to 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 were James r. Garfield,
Robert Bacon, former secretary OF
state and ambassador to France: Gif-
ford Pinchot, Truman II. Newberry,
formerly secretary of war; Maj. Gen.
Leonard Wood, chief OF. staff; DR..
Lyman Abbott, w. Emlen Roosevelt, |
a cousin of the coloneps; George B. |
CortelyOu, DR.. Albert Shaw, William |
Loeb, Jr., Jacob A. Riis and many |
newspaper men, all of whom testified |
orally or by deposition that Col
Roosevelt did not get drunk" as |
charged in Mr., Newett's newspaper.