The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-05-29
ROOSEVELT SCORES
BIG POINT, GIVING
DEFENSE SETBACK
Must Prove Rumors of Drink
ing Extended Over En-
tire Nation
ATTORNEY FOR NEWETT
TO SHOW NO MALICE
In Argument of Legal CUES
ton Involved Indicates Line
of Defense Client
Will Pursue

MAhQC Ell LIZ, MICH-, May ZS.--
The staF, witness today in behalf OF
Colonel Roosevelt, in the ex-presi-
dents suit against Editor George A.
Newett. of Tshpeming, for alleged libel,
was John Callan O'Loughlin, Washing
ton correspondent of the Chicago Trf-
bune.
1t gave O'Loughlin an opportunity
to expound n Roosevelt policy in de-
cidedly effective fashion, when Attor-
ney Belden. for Newett, referred to
the ordering of an American battles
ship fleet to make a trip around the
world.
Colonel Roosevelt ordered the fleet
around the world as q demonstration
to the world, and Japan in particular,
that the United States was ready for
war If need be-" said the witness.
Rules It's Fair Answer.
Attorney Belden objected, but Judge
Flanagan ruled that the statement
was a fair answer to the question.
Attorney Belden stated today that
1t was the intention of the defense to
ask future witnesses, in an attempt to
show the contention of the defense, II
there is in existence a general report
amounting to a general reputation that
Colonel Roosevelt does use liquors,
and sometimes to excess that these
reports were published in newspapers
and that Colonel Roosevelt read these
reports, and the charge had never
been contradicted by him: that the
defendant published the report of the
former presidents reputed excessive
use of intoxicants, believing it to b
true. and not with any malice.
Attorney Belden maintained that
such testimony was required to show
the good faith and absence of malice
in the publication of the defendants
editorial. In the presence of wide
spread comment by the public. and In
important newspapers. stated the law
yer, it could not be that Mr.. Roose-
welt had been greatly damaged by the
repetition of charges of intoxicatfOn
In a remote weekly with a circulation
of about three thousand copies
I'VE propose to show" continued
the lawyer, that such charges as We're
made In the Iron Ore were, by no
means confined to this section. The
plaintiff during 1912 was the most
talked of man in the United States
and we expect to introduce testimony
to show that adverse comment as to
his habits were made in many other
parts of the country. This point bears
strongly in showing the absence OF
malice on the part of the defendant
"In the declaration to this suit the
plaintiff not only includes the question
of his use or non-use of liquors. but
said Mr.. Belden.
Proof of Malice.
The court asked Mr.. Belden whether
the defense would combat the posi-
ton of the plaintiff. that malice in
the publication of the article was =
basis for damages. Mr.. Belden an
swered proof of malice undoubtedly
would be the basis for damages, and
the defense would combat the atti-
tude of the plaintiff.
Attorney James Pound, for the
plaintiff, said:
'aAt first wanted to sue for $780,
900. but Colonel Roosevelt insisted
that the amount asked for should be
nominal He did not want to be vim
dictiye, but wanted merely damages
for the publication of falsehood."
It was stated by Mr.. Belden that,
the pecuniary damages In this case
under the law might be any sum from
six cents TO $50. 900, regardless of the
amount asked in the suit. whether
the alleged libel was true. or not, Mr..
Belden argued. the defendant believed
the article to betrue, and did not pun
| lish it out Of malic.
James II. Pound, chief counsel for
the plaintiff. made it known today
that many dispositions are to be READ
after the hearing of oral testimony.
which precluded the possibility %
completing the case on behalf OF Col
onel Roosevelt before Thursday even-
ing.
Court will take a recess over FRI
day, on account of its being legal
holiday, when Colonel Roosevelt will
make q Memorial Day address. Many
of the attorneys believe the case can
not go to the jury before the mtddlA
of next week. as the defense hAa
dannSffinna ~
present.
Finds O'Loughlin a Tartar.
ATTORNEY Beiden found in o. Isou8A~s
lin a tartar, and while he strove man;
/ fully to keep an impressive ccunte-g
nance the way Mr.. Roosevelt wtggie6
his feet crossed over his knee, ana
/ leaned forward in his seat and nodoe6s
his head in spite of himself snoWeQ:
| his admiration for O'Loughlin's abiliSy
| to get before the jury statements that
| counsel for Newett was not LOOKING
! for.
/ Judge Flanagan ruled repcatedN
with O'r,oughlin in the clashes h1Sa
/ tween the witness and Belden, tM1i
LAWYER on several occasions tAA&DSH
angry exception to the remarks ox
court being entered IN the recor
The most pronounced tilt came Wlk
| Relden cross-examined OLouEhllM X
| to his experience while working tns&
/ Joint capacity Of newspaper ropCM4
| and secretary of Roosevelt. during
| trim through Europe. agEa3
what were your relations IN
Ambassador Leishman In Rom@
was asked.
| IT arranged with MT LeishnaaMs N
meeting OF Colonel Roosevelt
YKfng 1funsbez seesr-assi1I
| for the colonel with In h0lineen
| pope, at the Vatican" &Ss3
Mr.. O'Loughltn declared that
had never seen Colonel Roe4
take more than one glaas ~ &