Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-06-05

Marquette, Mich, June lin the sud
den and dramatic ending of the Roose-
welt libel suit here at $3.50 p. m. yester-
day, the ex-president was given a clean
bill in far as the charge Of getting
drunk and that not infrequently' was
concerned. Furthermore, the jury award
ed him a verdict of six cents damages,
in accordance with his own request
George \. Newett the defendant,
editor of Iron ore, was on the stand as
the first witness for the defense. He had
read a statement in which he admitted
he was mistaken In publishing story
that the colonel gets drunk. He had
combed the country for evidence to sub
stantiate 1t, and though he had evidence
that the colonel acted queer, he had the
testimony of no one who actually saw
him drink to excess He denied that he
was actuated by malice.
While Newett was reading in strong,
clear, loud tones emphasizing the SEN
fences that indicated he acted In good
faith, the colonel leaned forward on his
counsels table and never took his eyes
off the witness. with his right hand sup
porting his chin, he gazed steadily on
the man reading. The enunciation and
delivery were perfect
At the finish after Newett swore he
was mistaken in publishing the charge
that the colonel was drunk" and that
he felt that ne could not doubt the testi-
mony of the distinguished men of high
character who submitted such con-
vincinE evidence to the colonere
sobriety, Mr. Van Benschoten arose and
said:
May it please your honor, I will ask
permission of the court for the plaintiff
10 make a statement
ROOSEVELT ADDRESSES COURT.
Judge Flanagan bowed, the colonel
arose and stepped forward In resonant
tones he addressed the court as follows:
I'm view of the statement of the de-
PENDANT, | shall ask the court to instruct
the jury that l desire only nominal dam
ages l did not go into this suit for
money. I did not go into 1t with any vim
dictive purpose. | went into 1t. and as
the court has said made my reputation
an issue. because l wished, once for all
during my lifetime, to deal with these
ISLANDERS fully and Complementary, 80
that never again will 1t be possible for
any man. in good faith, to repeat them.
have achieved my purpose and l am
content"
There was a ripple Of applause when
the colonel concluded A recess was
taken during which congratulat were
extended to the colonel and equally to
Mr.. Newett. The ex-president was sur
rounded by his friends from the East
and his friends in the West. He was all
smiles and geniality. This is fine" he
~
YOU notice that he swore that he hat
gone over the whole country for evidence
and failed to get anything? You put Il
across, old mani You put it across
This latter remark was directed to Attor
uey Pound.
WILLING TO SHAKE HANDS.
The colonel was asked If he would shak'
hands with NeWett,
"Why, certainly" he answered.
Newett was asked If he would shak
hands with the colonel.
ITO be sure / WILL" he replied.
They did not congratulate each other II
the court room. though they may hav
settled their little disagreement over tn
drink question before the colonel left Il
the evening
Women introduced themselves to tn
colonel and were shaken by the hand
lanes A. Garfield, William Loeb, Jr. w
Emlen Roosevelt and others were Il
transports of joy.
The session was then resumed and tn
Jury returned. Judge Flanagan now oc
cupied the stage. In a low, calm voic
he read his Instructions. He explained t
the jury the nature OF the action. II
defined libel and malice. There were tw
kinds of malice. malice in law and actua
Inherent malice or ill-wil. he said
The instructions for the plaintiff sus
eested that he was entitled to the amour
named in his suit, if the jury believed &C
tual malice was involved in the publca
ton. For the defendant he said that
the publication was made without malice
but only malice in law, it was mitiga'
ing circumstance, He ended by stain
that the plaintiff desired only nomina
damages In Michigan this means tn
sum of six cents. He therefore instruct
ed the Jury to give a verdict for six cent!
The jury without leaving the bo
returned the verdict through w II
Matthews, the foreman.
WORKED FOR SETTLEMENT.
The facts are that for two days tn
attorneys for the defense and prOsecu
ton were in secret negotiations for
settlement The court had announce
Thursday that only a half day woul
he given to the case Saturday.