Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 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 ave for the nom
inal amount provided by law. Speak
ing of his purpose of in~stituting the
suit he said:
Il wished once for all during my
life time to deal with those ISLANDERS
so that never again will it be posi-
BILE for any man in good faith to re-
peat them"
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 a temperate and abstemious
man"
At the same time the court held
that Mr.. Newett, in publishing the
editorial, was not actuated by actual
i'll 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 haye 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 H. Matthews, q
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, 1smooth-shaven 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 CT the witnesses, was just
how we felt"
The seem 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 IS minutes
of the trial, actual time extending
over five days, lost it's 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 mem
bers of Col. Roosevelt's cabinet, lit
erary men, doctors, naturalists and
others of national reputation. Ter
feet away sat Col. Roosevelt, the
plaintiff. The balconies and the
seats behind the lawyers Enclosure
were always filled.
AS well as being unusual in regard
to the character of the charges and
the prominence of the witnesses, II
was one of the briefest of civil trials
The first witness was Col. Roosevelt
and the last n for the plaintiff was
Admiral George Dewey, whose testi
mony was introduced by deposition.
Between them were James R. Garfield
Robert Bacon, former secretary oi
state and ambassador to France; Gif-
ford Pinchot, Truman H. Newberry
formerly secretary of war; Maj. Gen
Leonard Wood, chief of staff; DR.
Lyman Abbott, w. Emlen Roosevelt
a cousin of the colonel's; George B
Cortelyou, DR.. Albert Shaw, William
Loeb, Jr., Jacob A. Riis and many
newspaper men, all Of whom testified
orally OF by deposition that Col
Roosevelt did not aget drunk al
ohoroad in Mr. Nnutot%,o uau,snapar