Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-06-01
CoIonel'S Libel Suit Against
Michigan Newspaper Man
is terminated Unexpectedly
at Marquette,
DEFENDANT RETRACTS
DEFAMATORY STATEMENT
Former President Expresses
Qualification at ViOdlcatlo0,
Which is Complete in Prov
ing Sobriety

fN'Et
tss noanno Jous-.l srseisl lsAsep wissi
Marquette Mich, May ai.--Colonol
Theodore Roosevelt today won his w.
bel suit against George A. Newctt
who ehargcd the colonel with drunk
onneaa. Having waived damages aft
az the defendant had uttered re-
traction, the jury awarded the nom
innl damages of siS cents provided III
such eases hy the law of Michigan
Eaoh party 10 the suit viii have to
pay his own expenses and court costs.
Judge Flannigan instructed the
Jury to bring in a verdict for the
plaintiff, which they did without lcav
ing their scats The colonel left for
Chicago and the east M 5.5O this
evening, less than two hours after
the conclusion OF the case.
The climax Of the ease came Ike
the conclusion Of "a powerful drama.
When the afternoon session began.
the air was electrical Win expcctan-
cy. Rumors we're flying that the suit
would be- terminated. Counsel how
ever. remained uncommunlcatlve and
Attorney Van Beuschoten. Of the
plaintiffs counsel. resumed the read
ing Of dopositions. II was noted.
however. that he skipped portions OF
these. and even ignored the testi-
mony of some witnesses who had
made doposltons Tho nest move
was sudden.
"The plaintiff rests" Ntlornes
james II. Pound remarked IN mat
ter OF fact manner. ana every eve
was turned toward the table where
sat the defendant and his attorneys
Horace Andrews. Of Cleveland, and
william +. Belden, Of Ishpemlng.
"The defense VIII call Mr.. New
EFT" announced Attorney Beldon aud
a ruddy checked man, whose color
did not disguise the fact that he II
suffering from a serious Illness took
the ehnr In his hand he carried
manuscript. There was shuiflc Of
sound as the spectators adjusted
themselves, the better 10 hear and
observe
Colonel Roosevelt sat with folded
arms az first, but when the defendant
began reading his statement he
moved 10 the utmost odgo Of his
chair and betrayed an excitement
which his rigid jaws could not hide
Mr.. Nowett was well along IN his
reading before the colonel, whose po-
sltion seemed like that of a man
about to leap forward lost the tense
look on his face.
IT Is fair to the plaintiff TO state
that have been unable to find IN
any section of the country any indi-
wdual witness who Is willing TO state
that he has personally seen Mr.
Roosevelt drink to excess
At this the plaintiff smiled and
relaxing, spoke few words In the
ear Of Attorney Van Benschoton. The
latter smiled bnck NJ him. The colo
mel broke into q grin again when MI
Ncwett, speaking distinctly and with
emphasis, said. with reference TO the
mass Of testimony adduoed by the
plaintiff. Il am forced 10 the conclu-
sion that WIS mistaken
The statement admitted that
search Of the country had been made
to investigate stories of persons who
we're alleged 10 have knowledge that
Mr.. Roosevelt drank 10 excess, but
In every instance the stories flattened
ont to mere opinion or hearsay The
libel was published IN good iaith'
Newett said. in the belief that II was
true and proper Information for
public which was being asked TO vote
for Mr.. Roosevelt for president That
il was true. the defendant said he
never questioned until the libel suit
was begun and believed the assef-
ton until the trial opened.
No demand for retraetion ever
had been made, ho stated, and When
the bin was filed against him there
was nothing left for him to do but
seek evidence and make other prep
arations to contest the suit. Forty de-
positions were taken in various parts
of the country. but to use them, or
attempt to use them, would be 70
continue M injustice Which had al
ready become apparent TO him and 10
his attorneys
Leaving tho stand and returning 70
his seat, Mr. Newett looked IN the d.
rectlon Of Colonel Roosevelt, but the
latter was absorbed IN whispering to
Attorney Van Benschoten Tho latter
whispered in turn 10 Attorney Pound
and he turned to Judge Flanngan and
said
''Wth tile courts permission, the
plaintiff would like TO make a oriet
announcement.
The Judge nodded. and Mr.. Roose-
,elt arose Bowing to the court, the
colonel said that he would waive the
matter of damages. save, for the nom
inai amount provided by law. Speak