The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-05-29


nim drink morv thssn ONE siass :
ssEes. I not only saw him dnrsns
the banuucts, but I saw him in each
case after the hanouets, and he was
a. perfectly sober as any man could
be- said O'Loughlin.
isn't il true that II was commonly
stated and printed in the press that
Colonel Roosevelt drank to excess in
1913 Pr"
/ do not know newspaper man in
Washington who ever made snch
statement or gave the slightest Gre
dence to such rumor. They knew
positively II was not true"
Legal Question Argued.
The answer of O'Loughlin provoked
a discussion of the legal question
whether 1t Is admissible for Mr.. Ne
witt to offer in defense OF his pub
LEGATION evidence to show that 1t was
generally. rumored at the time that
Colonel Roosevelt drank to excess
Mr. Beiden stated that It was the
purpose OF the defense to offer tes-
tinnony and Mr.. Pound objected.
Judge Flanagan dismissed the
Jury and the lawyers spent the re
Ynainder of the forenoon arguing the
legal phases of the case. Mr., Beloen
indicated in his statement that MT
Newett will take the stand in his
own behalf. and swear that he print
ed the alleged libel in the belief that
his statement was true.
The defense got its first setback
today. and its attorneys admitted
frankly that ii made their position
not only embarrassing, but would have
a serious effect upon their principal
reliances--the alleged widespread re-
putafion Of Roosevelt for drinking to
excess. Reduced TO simple terms,
Judge FlanniEan's ruling on the point
means that while the defense viii COM
ba, the allegation that Roosevelts
reputation was pure, Ii must show that
fact by evidence that proves his re-
putation for drinking was nation
wide. Roosevelts claim to damage
was that his reputation extended over
the entire country. The damage,
therefore, was country wide The de-
Tense TO prove that IL did not dam
age Roosevelt's reputation. or That
the degree Of damage was not great
must produce witnesses who can tes-
fifty that his reputation for drinking
extended over the nation.
Practically Impossible.
This. thedefense says Ia practically
impossible, because very few men are
in position 10 know Roosevelts repu-
tation in every part OF the country.
The defense claimed that 1t should
be permitted TO show by one man IN
one community and by another man
in another community, by a published
statement In this community, that
Roosevelt had a reputation for drink
ing in that community. The whole,
the defense claims. would show that
the reputation extended over great
areas. This claim was denied by the
court The defense further declared
repeatedly that it was prepared to
offer such.
The point. will undoubtedly come W
again when Editor George A. Neweti
takes the stand. He will probably be
the first witness for the defense, anc
his attorneys tonight announced thai
Newett, himself. would tell when and
where In many places and at many
times. he had heard the stories thai
Roosevelt drank to excess.
Among today's witnesses were
Robert Bacon, former assistant secre-
tary of State, and former ambassador
to France, who was appointed to the
posts by Roosevelt; Truman New
berry former assistant secretary OF
the navy, also appointed by Roose-
welt Giiscn Gardner. newspaper
correspondent. of Washington, was
recalled for few minutes to testify
regarding the stories he had heard
In Washington regarding ROOSEVELT
drinking.
Attendance at the trial Is increasing.
and today the courthouse doors were
locked as coon as the room and gal
laries were comfortably filled. Colonel
Roosevelt was in good spirits through
out the day, and took a decided inter-
est In the arguments over the ad-
visibility of testimony regarding his
reputation. He spent the recess in
the ante-rooms, and had q little pass
age with miss of about fifteen years
of age, who was very anxious to
shoot him with her camera She
stood at the door Of the room, and
the colonel "ducked" behind a MEM
Der of his party. but an instant later
stepped into clear view, and smilingly
posed for the girl.