The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1913-05-29

Since March, said the witness,
blushing.
WAS not Mr.. Roose7elts testimony
written out before he went on the
witness stand?" asked Andrews.
1t was
Was 1t not printed in New York
before 1t was given in this court?"
Il don't know"
Did you make out statement OF
your testimony IL advance?"
I did, most Of the witnesses did 1t
for Mr.. Pound to guide him in his ex.
animation"
Edward Emerson born In Saxony.
but New York newspaper man now,
was called to the stand and refused to
take the oath. He affirmed his testi-
mony under the pains and pena ties
OF perjury" guided by Judge Flanni-
gan.
Emerson graduated from Miami UNI
versity, Oxford. Ohio and later from
Harvard, he testified.
Clifford Pinchot, Lawrence Abbott,
Frank Harper and the colonels secre-
ltary were told to be ready to testify
at the afternoon session. James r.
Garfield also might testify il there
should be time, he was told.
Without night session, however,
1.-The colonel's attorneys said they
could not carry out their pan to fin
| ish their list Of witnesses today.
Court adjourned at non until 2
O'clock.
| LBy Eugene Mclean, United Press
staff correspondent
MARQUETTE, Mich, May 29.-An.
other newspaper friend of Colonel
Roosevelt's, c. w. Thompson of New
York, was called as the first witness
In the colonel's libel suit today.
"That paper said all my intimates
know about my habits and now I've
got 'em here, by George" sale the col
onel with delight, as he viewed the
procession of reporters and exam
bassadors and former cabinet mem
| bers as 1t wended its way from the
/ house whore T. r. and his witnesses
are staying.
| Roosevelt has remained In state
/ Of glee since he first left the stand
| and began hearing his friends who
succeeded him telling what they knew
about his sobriety.
But" said he, "it's tough when a
man gets shot UP and has a wedding
| in his family and goes into a libel
/ suit, all in one year. That bullet IN
! Milwaukee cost me about $4,000 and
1 the wedding cost me about the same
and don't know how much I'm going
4 to have to pay out on the score OF
this suit"
After carefully going aver the I'M
portant decision of Judge Flannigan
on the admissibality or evidence, at
/ torneys in the case today realized
! that 1t opened broad avenue Of de
! Tense to Editor Newett. Hearsay evi
dence, of course, is eSr.uded, but
counsel pointed out that this was not
at issue, as hearsay evidence is eh
4 cluded from all trials by the general
rules of evidence. The chief point in
4 the ruling favorable to Roosevelt Is
] the exclusion of newspaper clippings
4 otherwise, the whole fied of general
reputation is open to the defense.
The attorneys said that aff1dayits
i stating specific occasions on which
/ the witnesses thought that Roosevelt
| was drunk, were not excluded by the
4 ruling. 1t Is Understood that some OF
1 Newett's afidavits included newspa
1 per clippings which will invalidate
4 them. This point was gratifying &c
/ the colonel's counsel and, on the basis
Of 1t, the Roosevelt supporters argued
that the decision was victory fol
/ their side.
1t was reported that Newett might
4 take advantage of the opening In the
court ruling to take the witness stanc
i and testify as to his sources of infoL
A nation regarding the colonels gener
4 al reputation. Judge Flannigan's rul
ing follows:
"The Michigan rule IS very we.
settled that the general reputation o.
i the plaintiff is matter that the de
fendant may dispute-that is his gen
Il