The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1913-06-01
TEMPERATE TEDDY GIVEN
SIX CENTS DAMAGES

The position which the plaintiir
now has taken enables the court fin.
ally to dispose Of the case at this
time" said Judge Flannigan, in part
this action, which is for libel, fol-
lowed upon publication by the defend
ant OF the statement that the plain
tiff was frequently drunk.
The natural result Of the charge
we are considering was to bring ridi.
cule, contempt and disgrace upon the
plaintiff.
The publisher OF newspaper may
freely discuss the fitness of person
for public office, he may lawfully
communicate to the public any facts
within his knowledge, respecting the
official acts, character or conduct Of
the candidate and freely express his
opinions on and inferences from such
facts, so long as he states the facts,
the truth, and ais opinions and infer
ences therefrom only honest belier.
Michigan has never granted to any
one, whether newspaper man, or not,
the privilege of writing or speaking IF
a candidate for office words which
are both defamatory and untrue.
Unwilling to rest on the presump-
ton Of the law that the charge was
false and call upon the defendant to
prove its truth, or answer In dam
ages, as was his right, the plaintiff
proceeded before this court to prove
the charge was false in fact.
And by his own, and by the testt.
mony OF long list OF witnesses OF
high character and unimpeachable
creditably, he has satisfied the de-
fendant, the Jury also, fully believe,
he has convinced the court, not only
that he never was drunk, but that he
is now and always has been an ex-
ceedingly temperate and abstemious
man.
The enjoyment of private repn-
tation unassailed is as much consti.
tutional right as the possession Of
life liberty and property and when
ones reputation is unlawfully assail-
ed he is entitled to recover all the
damages he actually has sustained.
Accepting as true all that the de-
fendant now claims, yet the injury to-
the reputation and feelings of the
plaintiff would warrant verdict in.
favor of the plaintiff in a substantial
amount and would sustain verdict
In any sum to the amount contained
in the plaintiffs declaration, which IS
$4,000,
But as the court is advised by the
plaintiff that the object of the plain
tiff In bringing and prosecuting this
action was the vindication of his good
name and reputation, and not the re.
covery of money judgment, and he
having in court freely waived his
right to the assessment of his actual
damages. it only remains for the court
to direct verdict in his favor for
nominal damages, which, under the
law of Michigan, is the sum of six
cents"
The jury returned the verdict with
great prompitude and crack of the
bailiff's gavel ended the trial.
1t was before the Judge had read
his charge and while the attorneys
were arranging the financing of the
six cent verdict that Roosevelt de-
scribed Judge Flanagan.
by George said the colonel, who
has seen lot of judges, from my
observation of him during this case,
his fairness and his manifest great
ability, say that Judge Flanagan Is
fit material for the highest court in
che land
The Judge did not conceal his plea
sure at the tribute, either, when 1t
was told him after court adjourned
Well" said he? did he,' and the
Judge shut up, but beamed.
Colonel Roosevelt left Marquette to-
night at $50. returning home via Chi
cago.
In the course of the day he had
completed proof of his temperance by
calling as witnesses the men who
have been closer to him than any one
else in the course of his adult life.
CONTINUED on page 2.)