The Washington times., 1913-05-28

Colonel Roosevelt used liquor, occasion
ally to excess" asked Attorney Belden.
I'll tell you," exclaimed OLaughlin,
with much heat. that every reputable
newspaperman knows it was a lie L
don't know about such newspaper men
as do not know the colonel, but every
washington correspondent knew the
charge was false"
Attorney Belden, personal counsel for
Editor Newett, then announced he pro-
posed TO show that rumors concerning
Colonel Roosevelts sobriety had been
affoat among newspapermen for good
while prior to the alleged libel in Iron
Ore.
In the squabble that ensued, the court
took ten-ninute recess.
Not Contradicted.
We expect to show" said Belden,
that this defendant had heard this
story as to the coloners habits Sld in
Marquette county. and never heard it
contradicted and that he acted in good
faith in printing it.
1t will be urged in mitigation Of dam
ages that il is open to this defendant
to show that where men have congre-
gated this charge has been generally
discussed This plaintiff is the most
talked-about man in the United States
We expect to show that he cannot be
greatly damaged by further publication
in little paper of 5000 circulation in
the Upper Peninsula of Michigan.
THE plaintiff has brought into this
case his reputation not only in northern
Michigan. but throughout this country
and the civilized world.
We, ourselves, therefore are en-
titled 10 enter into the question Of his
reputation among men as to his use Of
alcohol
It has already developed" continued
Belden, in DIR. Lyman Abbot's testi-
mony. that the report was current and
recognized. We are entitled to show
the existence Of this reputation in show.
ing the defendants intent and frame Of
mind in publishing this report"
Not Yet Read.
DIR. Abbott's testimony was given In
an affidavit, not yet read in court.
Judge Flanagan brought up the point,
in absence Of the jury. that Colonel
Roosevelt had not asked a retraction
of the story from Newett.
MY idea, was to sue for $4,000 In this
have decided to ask no punitive dam
ages. but merely the actual damages to
him in this case"
'Tt was under Roosevelt's instruc-
tions," Pound SAID, that no 'vindicative
damage was asked
1--WE do not intend to attack in any
improper way this distinguished plain
tiff." said Belden for the defense. but
unless they will limit their claim to
nominal damages, which means cents.
We will go forward with our present
line Of defense"
you cannot claim that damage would
be limited to cents observed the
court. 1T might be cents or $6.ooo."
Unique Case.
I'VE expect to show by men Of repu-
tation the existence Of this general re-
port" said Belden. This is a unique
case, almost withou. precedent with q
plaintiff who was once President OF the
United States asking libel damages.
"A newspaper man must publish, all
sorts of news. based upon numerous
sources of information. and when sued
for libel must be allowed to show his
sources of information
Colonel Roosevelt whispered earnestly
with Attorney w. o. Benschoten, one OF
his assistant counsel.
Benschoten at once arose and declared
that Newett should be allowed to in
rroduce n evidence no other state
p.ents as to the colonel's habits than
those he heard before he published the
alleged libel and on which he based the