The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-06-01
Editor Newett on Stand
Retracts Charge of
Drunkenness.
DEEPLY REGRETS
HAVING MADE IT.
Impressed by Injustice That Had
Been Done Former President
by His Paper-Plaintiff Asks
Judge to Instruct Jury to
Award Only Nominal
Damages.

Marquette. Mich, May a1.-coIoneI
ll-i' roosevelt to-day won his
libel suit against George A. Newett,
VINO charged the Colonel with drunk-
ennean, and waived damages after the
de7endnnt had uttered retracsiou. A
Tne jury awarded the nominal dan,acen
OF cents provided In such cn.es by
inc law" Of Michigan. Each party I'd
the Huit will have to pny his own ~
penses. 80 3 : u,
Judge Flanagan instructed the In
rors to bring In a verdict for the plain
I'M. which they did without leaving
their seats. The Colonel left for Chi
caso and the Enst mt 5 $40 o'clock this
afternoon, lcsn than two hours after
the conclusion of the cnse.
When the afternoon session beran
the air was electrical with expectancy.
Rumors were flying that the suit would
be terminated. Attorney Van Benscho-ge
ten, for the plaintiff, howeves. resumed 1
the reading of dispositions It wassno IS
ticed. however. that he ignored the tes-
timony of some witnesses The next
move was sudden.
Newett Tnkes Stand.
THE plaintiff rests" remarked the
attorney. James II. Pound. in a matter
OF fact manner. William p Belden OF
1shpeming. who, with Horace Andrews,
OF Cleveland, was Mr.. Newett's attor-
ney. said The defense will call Mr..
Newett." ~.
A rudy checked man, whose color
did not disguise the fact that he Is
suffering from a serious illness, took
the chair. In his hand he carried
manuscript. When the defendant be-
gan reading. Colonel Roosevelt moved
to the edge of his chair and betrayed
an excitement, which he could not: hide
Mr.. Newett was we'll along in his read
ingebetore the Colonel, whose position
seemed like that OF man about to
leap forward lost the tense look on
HIS face.
"Tt is fair to the plaintiff to state
that T have been unable to find in any
section of the country any individual
witness who is willing to state that he
has personally seen Mr.. Roosevelt drink
to excess"
At this the plaintir smiled and re-
Taxed. The Colonel broke into q grin
again when Mr.. Newett said, with ref
erence to the mass of testimony adj
duced by the plaintiff. II am forced to
the conclusion that was mistaken.
The statement admitted that n search
OF the country had been made to in
vestgate stories OF persons alleged to
have knowledge that Mr.. Roosevelt
drank to excess, but in every case the
stories fiattened out to mere opinions
or hearsay. The libel was published
in good faith. Newett said. in the be-
lief that it was true and proper infor-a
nation. That it was true. the defend
ant said he believer until the trial
opened.
No Demand for Yxetraction.
No demand for retraction ever had
been made. he stated and when the
bill was filed against him, there was
nothing left for him to do but make
preparations to contest the suit Forty
dispositions were taken in various
parts OF the country. but to use, or
attempt to use them, would be to con-
Injustice had already
become apparent to him and to his at
torneys. He stated that he deeply re-
GREETED the injustice done to Mr.. Roose-
Welt.
Leaving the stand, Mr.. Newett looked
in the direction OF Colonel Roosevelt.
but the latter was whispering to his
counsel Attorney Pound then said:
with the courts permission the
plaintiff would like to make brief
announcement
The judge nodded, and Mr.. Roosevelt
arose. Bowling to the court, the
Colonel said he would waive the mat
ter of damages, save for the nominal
amount provided by law. Speaking of
his purpose in instituting suit, he said:
II wished once for all during my
life time to deal with those SANDERS
so that never again will it be possible
for any man in good faith to repeat
them
Court Fully Convinced.
mere q recess was TAKEN Judge
Flanagan read his charge to the jury
immediately after recess. Speakilg of
Colonel Roosevelt as the plaintiff.
Judge Flanagan 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 abstemsous
nlan"
Al the same time. the court held
that Mr.. Newett in publishing the edi-
torial. was not actuated by actual ill
will toward the plaintif, and that he
acted in good faith
But as the court held, the Injustice
to the PLAINTIFF, had he not waived his
right to damages, would have sustain
ed verdict In any sum up to the
amount claimed in the plaintiffs de-
claration, $4,000.
AS soon as the foreman, William Mat
thews. n miner, thirty-one years old.
reported the verdict as directed by the
court, court adjourned and Colonel
Roosevelt stepped forward and took
the hand OF each Juror.
II thank you, gentlemen. each one
Of YOU" said the Colonel. 1T was
splendid, Just perfectly splendid"
Matthews. smooth shaver and youth
full, said the Jurors had been much i'm
pressed with the testimony OF Gael, T
witness. after Mr.. Roosevelts testi-
mony think we were impressed chiefly
with that OF Mr. Garfield and Mr.. Riis,'
said Matthews. The statement of mr.. g
Newett himself. that he could not doubt Y
that Colonel Roosevelt was temperate
man after considering the character OF
the witnesses was just how we felt
The scene in the little mahogany
furnished courtroom In the red county (
building on the hill overlooking Lake
Superior. never for moment during
the twenty-four hours and fortX-ftvA
minutes actual time of the trias Ok