The Birmingham age-herald., 1913-05-29
Associates Both in Public
and Private Life on Stand
for the Plaintiff
IMPORTANT RULING
MARKS PROCEEDINGS
Hearsay Evidence Will Be Excluded
From Trial-AlmOst Every Phase
of RoOsevelt's Life Touched
Upon by the Witnesses

'arquette, Mich. May 2S.-Men who
: re been associated with Theodore
J, .s,osevelt in public and private life who
,sset him on the Nile when he returned
rom his African hunting trip and news
paper men who accompanied him on
his various political campaigns, tes-
tilted today in Colonel Roosevelts libel
suit against George a. Newett a news
paper owner of Ishepeming. Mich. that
the former President not only was not
a. drunkard but that ne was not ably
and extremely temperate in the use of
intoxicants 1t would have been impos
sible, the witness said, for Colonel
Roosevelt ever to have been under the
influence of liquor without the fact
becoming known to his associates. IL
would have been equally impossible,
they testified for him to have drunk
liquor With any regularity without the
smell of it on his breath being ap-
parent
Throughout the hearing of the case,
in which the former President is suing
for $4,000 damages because of the pub
lication last October of an editorial
charging him with getting drunk. Col
onel Roosevelt listened with evident
satisfaction to The testimony of for
mer members of his cabinet and OF
newspaper men. Frequently he smiled
as some incident of his campaigns or
hunting trips was related from the wit
ness stand.
Audible Chuckle
once Colonel Roosevelt gave vent
to an audible chuckle. That was when
Robert Bacon, former Secretary of
State. in telling of his acquaintance
with members OF the Roosevelt family,
said the colonel was the father of five
children, although he has six. Colonel
Rooseyelt's sense of humor was awak-
ened at once by this lapse of Mr.. Ba-
cons memory and the hearty chuckle
which he yainly tried to smother ia his
hand caused a .riIJtleI or laughteYs about
the court room.
For almost six hours of testimony
taking or argument by attorneys, Col
onel Roosevelt occupied his chair just
back of his counsel.
The days proceedings were marked
by an important ruling by Judge Rich
ard c. Flanagan, which in the intro
duction of evidence by the defense will
have the effect of excluding certain
kinds of hearsay testimony. This rul-
ing came after a prolonged argument
during which the jurors We're excluded
from the room and after attorneys for
Colonel Roosevelt had urged for the
exclusion of a certain kind of testi-
mony which, they said, might be intro
duced by the defense through deposi-
tiOns.
Effect of Ruling
The effect of the ruling was that
Colonel Rooseve1ts general reputation
is an issue in the case and testimony
bearing upon his reputation may be in
troduced but that rumors about his
reputation coming from persons not
qualified by experience to judge shall
not be admitted. In the future progress
of the hearing 1t was explained in
court a person who has Travelled ex-
tensively with the former President or
who has been associated with him with
any degree of constantcy may testify as
to his reputation. But a man who heard
the colonel deliver political speech
or saw him for only a few moments in
la crowd may not testify as to his gen
eral reputation, although he may tell
how the colonel acted or appeared at
that particular time.
James Fl. Pound and William Fl. Van
(COntinued on Page EIeven)