Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-01
FAMOUS TRIAL ENDS
LIKE STIRRING DRAMA
1T Was Just Perfectly Splendid, :"
Former President Says of
Verdict.
WANTED TO END ISLANDERS
Explains Why he Brought Suit.
Court Expresses Conviction Plain
tiff Is Observation-Disclosures
Do Not Meet.

Do Not Meet.
MARQUETTE. Mich. MAY 3l.-Col.
Theodore Roosevelt today won his libel
suit against George A. Newett, who
charged the colonel with drunkenness,
and having waived damages, after
the defendant had uttered a retraction
the jury awarded the nominal damages
of 6 cents. provided in such cases by
the laws of Michigan. Each party to
the suit will have to pay his own ex-
penses.
Judge Flanagan Instructed the jury to
bring in verdict for the plaintiff,
which they did without leaving their
seats. The colonel left for Chicago and
the east at $50 O'Clock this evening, less
than two hours after the conclusion of
the case
Ends Like Drama.
The climax of the case came like the
conclusion of a powerful drama. When
the afternoon session began the air was
electrical with expectancy. Rumors were
thying that the suit would be terminated.
Counsel, however, remained uncommuni-
kor the plaintiff, resumed the reading OF
6epoeitions. 1t was noted. however. that
he skipped portions of these and even ig-
bored the testimony Of some witnesses
who had made depositions. The next
Smove was sudden.
THE plaintiff rests" remarked the at
korney. James H. Pound, in matter
pf-fact manner, and every eye was vas
defendant and his attorneys, Horace An
drew1 Of Cleveland and William p. Bel
dom Of Ishpeming.
..The defense will call Mr.. Newett,' an
checked man whose color did not disguise
the fact that he is suffering from seri-
Gus illness took the chair. In his hand
he carried a manuscript. There was a
shufIie of sound as the spectators ad-
iusted themselves the better to hear and
observe
Betrays His Excitement.
Col. Roosevelt sat with folded arms at
fpst. but when the defendant began
reading his statement he moved to the
utmost edge of his chair and betrayed
an excitement which his rigid jaws could
not hide. Mr.. Newett was well along In
his reading before the colonel, whose po-
sition seemed like that of a man about
to leap forward, lost the tense look on
mis- face.
1T is fair to the plaintiff to state that
i
ton of the country any individual wit
ness who is willing to state that he has
personally seen Mr.. Roosevelt drink to
excess.
At this the plaintiff smiled and, relax
ing. spoke few words in the ear of
Attorney Van Benschoten. The latter
smiled back at him. The colonel broke
into grin again when Mr. Newett'
said. with reference to the mass of
testimony adduced by the plaintiff: II
am forced to the conclusion that l was
mistaken.
Published in Good Faith.
The statement admitted that a search
OF the country mad been made to inves-
t,gato stories OF persons who were al
iexed 20 have knowledge th.t MIR. Roose-
welt drank 70 excess. but in every case
the stories hattened out TO mere opinions
o.. bearsay The libe, was published in
good faith. Newe:t saic. in the belief that
II WAS true ard pro2er information for a
pubic which Was being asked to vote for
Mr.. Roosevelt for President. That it was
true the defendant said he never ques-
toned Until the libel suit was begun and
b-iieved the assertion until the trial
opened.
No demand for a retraction ever had
been made, he stated, and when the bill
vss filed against MIN there was nothing
left for him to do but seek evidence and
make other preparations TO contest the
suit Forty depositions were taken in
various paSts of the country. but to use
them or attempt TO use them would he
20 continue an injustice which had al
ready become apparent 10 him and 10
his attorneys.
Whispers With Attorney.
Leaving the stand and returning TO his
seat Mr.. Newett looked in the direction
OF Col Roosevelt. but the latter was
absorbed in whispering TO Attorney
Benschoten The latter whispered in
turn to Attorney Pound and he turned to
Judge Fiannigan and said:
with the courts permission the plain
tir would like 10 make a brief announce
nent'
The Judge nodded. and Mr. Roosevelt
arose. Bowing 10 the court, the colonel
said he would waive the matter OF dam
ages save for the nominal amount pro-
v:ded by law. Speaking OF his purpose in
instttuting suit. he said:
II Wished once for ali during my life
time 10 zeal with those ISLANDERS so that
never again vii II be possible for any
man IN good faith to repeat them
Here recess was taken and the spec
tators and the witnesses relieved their
excited nerves by moving around and dis
Judge Flanagan read his charge TO the
jury Immediately after recess was over.
Speaking OF Col. Roosevelt as the plain
tiff. Judge Flanagan said:
Certainly he has convinced The court
not only that he never was drunk, bu,
that he is now and always has been q
temperate and abstemious man
Point for Defendant
At the same time the court held that
In, y,trh liSh tha
was not actuated by actual ill-wilI to
ward the plaintiff AID that he acted in
good faith
But the cour: hefd the injury 20 the
piaintin. had he nPA waived his right 70
Continued on Nineteenth Fase.)