Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1913-05-29
Evade Showing Of Malice.


Attorney Belden stated today it was
the intention of the defense to question
future witnesses in an attempt to show
the position of the defense that there
was In existence general report
amounting to a general reputation that
Colonel Roosevelt does use liquors and
sometimes to excess: that these reports
We're published in newspapers and that
Colonel Roosevelt read these reports
and this charge had never been contra
dicted by him; the defendant published
the report of the former president S
reputed excessive use of intoxicants.
believing 1t to be true and not with any
malice"
Mr.. Belden maintained that such tes-
timony was required to show the good
faith. the absence of malice in the pub
LEGATION of the defendants editorial. ut
could not be in the presence of wide
spread comment by the public and In
important newspapers, stated the law
yer, that Mr.. Roosevelt had been In
jured by the repetition of the charges
of intoXfcation in a remote weekly with
circulation of 5000 copies. We pro-
pose to show" continued the lawyer
that such charges as were made IN
the Iron Ore We're by no means con-
fined to this region. The plaintiff dur
ing 1872 was the most talked of man i'm
the United States and we expect to in
troduce testimony to show that adverse
comment as to his habits We're made in
many other parts of the country This
point bears strongly in showing the alb
sence of malice on the part of the de-
fendant'' "
General Reputation.
In the declaration to this suit the
plaintiff not only included the ques-
tlon of his use or non-use of liquors..
but also that of his general reputation"
said Mr.. Beden
The attorney read from the declara
tion quoting that Colonel Roosevelt
never had been suspected of drinking
alcoholic liquors to excess
On this basis. ne said. the defense
would e.din the right -tc- -hrtY s. esSft His:
s.astiiauffy on Colonel Roosevelt's repu-
'tation as it existed in various parts
of the country. The purpose of the de-
fense as pointed out by Colonel Roose-
Nelt'S attorney was to prevent the ex
clusion by the court of what is called
"hearsay' testimony throughout the
trial.
The court asked MIR. BeIden whether
the defense would combat the position
OF the plaintiff that malice in the pub
llcation of the article was basis for
damages. Mr.. Belden answered proof
of malice would undoubtedly increase
the basis for damage and the defense
would combat the attitude of the plain
tiff
Attorney Pound here rose and said:
At first | wanted to sue for S5O,000
but Colonel Roosevelt insisted that the
amount asked for should be nominal.
He did not want to be vindictive but
wanted merely damages for the publ
cation of a falsehood
1t was stated by Mr.. Belden that the
pecuniary damages in this case under
the law might be any sum from cents
to 100000, regardless of the amount
asked for i'm the suit.
Whether the alleged libel was true
or false, Mr.. Belden answered the de-
fendant believed the article to be true
and did not publish it out of malice
Attorney w. n. Van I5enchoten, for
Colonel Roosevelt. said he would not
oppose the attitude of the defense that
the admission of the so-caled hearsaS
evidence bearing upon the colonels
mitigate damages.
He contended however, that such
evidence should not be admitted l,n
less it first should be proved that the
defendant knew of the reports before
he published the article and believed
them to be true and based his article
on them, believing them to be true
Under the position of the Defense,
argued Mr. Van Isenschoten. "a man
may be as pure as ST. Paul and his
reputation may be ruined In IA mo-
ment by lot of gossip mongers. The
two points attempted by the defense
are Incompatible You cannot mitigate
and deny al the same time"
Cites Other Cases.
Various libel suit decisions were
cited by Mr. Van lsenschoten. In one
case man merely had said, He stole
my horse, another case WAS that of
Il woman who sued for libel because
an editor had said she stole pocket
book which she found on the street.
The defense has said this case was
unprecedented, :, shouted Mr.. Van Ben
schotenl ut is true that there has
been "A revulsion on the part of the
late president to come into court, but
i can cite you a recent case where
the king Of England prosecuted a
for charging him with be-
ing IL bigamist in marrying woman
while he was saiio! and before he
the present queen. Would ii
have been a defense for the editor 10
have come into court and say:
"'Oh. / only knew what 1 heard,
and l publish what ! hear
The argument Of attorneys. in the
absence of the jury, was still on when
court adjourned until O'clock this
afternoon.