The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1913-06-05

not disguise the fact tndt ne Is sui
from a serious illness, took
the chair. In his hand he carried a
There was a sh uffle OF
sound as the spectators adjusted
themselves the better to hear and OBJ
serve.
Col. Roosevelt sat with folded
at first. but when the defendant
began reading his statement he NOV
ed to the utmost of his chair and be-
an excitement which his rigid
jaws could not hide. Mr.. Newett was
we'll along in his reading before the
colonel. whose position seemed hat
of a man about to leap forward, lost
the tense look on his face.
Newett Apologies.
1T is fair to the plaintiff to state
that | have been unable to find in any
section of the country any individual
who is willing to state that he has
seen Mr.. Roosevelt drink to excess"
At this the plaintiff smiled and re-
taxing, spoke a few words in the ear
of Attorney Benschoten. The latter
smiled back at him. The colonel
broke into a grin when Mr.. Newett,
SpCdhiIS dlotlllGlis anu VIM 0IllPHdo-
is. said with reference to the mass of
testimony adduced by the plaintiff:
81 am forced to the conclusion that
] was mistaken"
The statement admitted that a
search OF the country had been made
to investigate stories of persons who
were alleged to have knowledge that
Mr.. Roosevelt drank 20 excess, but in
every case the stories floated out to
mere opinion or hearsay.
THE libel was published in good
faith Newett said, sin the belief
that is was true and proper informa-
ton for the public which was being
asked to vote for Mi. Roosevelt for
president"
That it was true the defendant said
he never doubted until the libel suit
was begun and believed the assertion
until the trial opened.
No demand for a retraction had
ever been suggested, he said, and
when the bill was filed against him
there Was nothing to do but to seek
evidence and make other prepare
tions, to contest the suit. Forty dep.
o%sitipns were taken in various parts
of the country but to use or attempt
to use them would be to continue an
injustice which had already become
apparent to him and to his attorneys
Leaving the stand and returning tC
his seat Mr.. Newett looked in the di-
~rection of MIR. Roosevelt but the lat
ter was absorbed in whispering tC
Attorney Benschoten. The latter
whispered in return to Attorney
Pound and he turned to Judge Elan.
nigan and said:
"With the courts permission the
plaintiff would like to make a briet
announcement"
7. II. Addresses Court.
The judge nodded and Mr.. Roose
welt arose. Bowing to the court. Tho
colonel said that he would waive the
matter of damages. saw for the nom
inal amount provided for by law
Speaking of his purpose in institutins
suit he said:
81 wished once for all, during IN,
life time, to deal with those SANDER
ers so that eve again will it be pos
sible for any man in good faith IL
repeat this"
Here recess was taken and spec
tators and others relieved their nerv
es by walking around and discussing
the sudden turn of the case. Judg,
Flanagan read his charge to the jur.
Immediately after recess.
Speaking of Colonel Roosevelt a
the Plaintiff, Judge Flanagan said
certainly he has convinced tn
court not only that he eve wa
drunk but that he is now and alway
has been a temperate and absemiou
man"
At the same time the court hel,
that MIR. Newett, in publishing TIL
editorial. was mot actuated by act
ual i'll will toward the plaintiff, ant
that he acted in good faith"
But the court held the injury t,
the plaintiff, had he not waived hi
right to damages. would have sus
tanned a verdict in any sum up t.
the amount of the claim included il
the plaintiffs demand which wa
$40. 900.
Jury Returns Verdict.
VIM. II. Mathews, a miner, 3,
years old, foreman of the jury re
turned a verdict as directed by tn
the court. the court adjourned an,
Colonel Roosevelt stepped forwar'
and shook hands with each of tn
jurors.
81 thank you. each of YOU" tn
colonel said. at was splendid, jus
perfectly splendid"
Mathews, smooth shaver and you
thful said the jurors had been mucl
impressed with the testimony of eacl
witness.
After Mr.. Roosevelt's testimony
| think we were impressed with tina
of Mr.. Garfield and MI. Riis." Math
ews said. The statement of Mr.. New
EFT himself that he could not doub
Colonel Roosevelt was a temporal,
man after considering the characte
of the witnesses, was just how h,
l FnIf