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

Yesterday morning the judge said
that on a conference between attor-
neys 1t was decided TO go on the whole
day.
The finish nd been determined at
nine o'clock in the morning. Attor-
neys Pound, Hill and Van Benschoten
had been in conference for an hour
with Attorneys Belden and Andrews.
1t was settled that Newett should
go on the stand and admit he made a
mistake. but n mistake in good faith.
He must confess his error. Then the
colonel would be magnanimous and
ask for nothing but nominal damages
Newett wrote his statement The
colonel is said to have read II before
IL was delivered from the stand. He
endorsed 1t, whether he corrected it or
edited it is not known.
Court was quickly adjourned and
again the colonel was congratulated.
The jurymen said the witnesses who
| impressed them most were James R.
Garfield, Jacob Riis, Judge Blair and
Philip Roosevelt.
The colonel after being overwhelmed
with congratulations in the court room
shook hands with several of the jur-
! ors and bade them goodbye and good
| luck" He entered the judges cham
| bers and talked earnestly with Judge
Flanagan for 10 minutes The con-
| versation was private.
The defendant, the Judge. and the jury
united one after another, In testifying to
Colonel Roosevelts vindication. In a
| most dramatic manner he attained the
object for which he has been fighting
Af ring ha loo aatx t1n
Islander which has pursued him a every
turn for years, and which. though seldom
getting into print. had been common $685.
sip throughout the land.
DEFENDANT BEST WITNESS
He finished the presentation of his case
against George A. Newett at 2:4G o'clock
yesterday afternoon. MIR. Newe,t took
the stand and testified that he had
searched the country over for witnesses
against Colonel Roosevelt and could not
find one who could swear of hi. tnowl-
edge that the colonel drank to excess. He
announced his own entire belief III the
| sobriety of the man he had libeled, hav-
ing been convinced of it no less by his
own inability to ind any proof to the
contrary than by the long array Of men
who swore to the coloneVs temperance,
and by the impossibility that they could
be lying or could be mistaken. In short,
| he proved to be the best witness for Col
onel Roosevelt that had been produced
in the whole trial. He pleaded only that
he had acted in good faith, having been
made a victim OF the hole-and corner gos-
sip that had been smirchlng the cocnel's
reputation In many other places than lsh-
peming.
Mr.. Newett is n victim of the man near
~ everybody has met who says: Il
know Of my own knowledge that Roose-
welt drinks" or II have 1t on the highest
authority"
JUDGE FLANAGAN CONVINCED.
Judge Flanagan ordered n recess, and
} when the court reconveped he charged
the jury to bring In verdict or six
cents damages as requested by the
} colonel But he went beyond the mere
necessities OF the case by putting on the
record his declaration that the evidence
! produced In the case had carried convic-
; ton to him personally. He said:
} He (mcanng Colonel RoosevelD has
l undoubtedly convinced you, gentleman
and certainly he has convinced the court
2 not only that ne never was drunk, but
that he now is and always has been a
. temperate man"
Then he asked the Jury for It's verdict
and Foreman w. II. Matthews, instead
OF saying that they found Tor the plain
tiff, arose and announced with eVlhen
satisfaction; I'VE find for Theddo.'
D Roosevelt"
The colonel held q reception in th'
court room and he and his party de
parted for New York at $50 o'clock II
hail of congratulations from the biz
crowd at the station. Some OF the jury
went down to the station to see then
off
Attorneys Andrews and Belden wer
quite as we'll pleased as the other SIDE
. The Chesterheldian manner OF MI
Andrews was added to only by per
manent smile.
Mr.. Belden's face loosened up for tn
o first time, He was asked what Mr.
Newett, who made a getaway. though
y of the verdict He repeated lines n
= Southey: Indeed | do not know, quot
% he. 1t was famous victory"
LAST DAYS TESTIMONY.
Six witnesses and nine dispositions wer'
0 introduced on behalf OF the colonel during
= the early part OF the day. The deposition
\ were made by DIR. Albert Shaw. George d
j Cortelyou and Alexander Graham OF New
] York, George Roosevelt. a relative james
u. Amos. second butler at the Whit,