davidaulloa/AmericanStories huggingface dataset:
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Court Room Crowded.

Hour after hour Mr. Newett. although
suffering from a serious nalady and with
pain always visible In his face. sat lis
tening TO testimony given against him
By former members OF Colonel Roose-
velt's cabinet. literary men. doctors.
naturalists and others OF national repu-
tatton Ten feet away sat Colonel Roose- =
yelt the plaintiff. The balconies and the
seats behind the lawyers inclosure were
always filled.
AS we'll as being unusual in regard TO
the character of the charges and the
prominence OF the witnesses. II was one
OF the briefest OF civil trials
The first witness Colonel Roose-
welt and the last one for the plaintiff
was Admiral George Dewey. whose testi-
mony was introduced by deposition. Be
tween them were James r. Garfield, Rob-
ert Bacon. former secretary OF state and
former ambassador TO France: Clifford
Pinchot, Truman II. Newberry former
secretary of war; Ma jor General Leouar rd
Wood. chief OF stan: DR. Lyman Abbott.
W Emlen Roosevelt. cousin OF the
colonel, Gcroge Il. Cortelyou, DR.. Albert
Shaw, William Loeb. Jr., Jacob A. Riis
and many newspaper men. each OF whom
testified orally or by deposition. that
Colonel Roosevelt did not ''get drunk" as
charged In Mr.. Newetts newspaper.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Presumption of Law.

The law presumes that damages
must actually. proXimately and nee
essarily result from the publication of
defamatory matter whenever tho inn
mediate and actual tendency OF the
defama tory words Is 10 impair the
plaintiffs reputation. Such was the
immediate and natural tendency OF
the publication of the words we are
considering. couced!ng that the pub
llcation was made in good faith and
in the absence Of actual malice.
Therefore. accepting as true all
which the defendant now claims, vet
the injury 10 the reputation and feel
Ing OF the plaintiff which naturally
proximat tely and necessarily followed
upon the false publication would
warrant n verdict In the plaintiffs s
favor in a substantial amount. and
would sustain verdict In any sum
up to the amount claimed In the
plaintiffs declaration. which is s10,-
600
But. as the court Is addressed by
the plaintiff. the object OF the plain
tn in bringing and prosecuting this
action being the vindication OF his
good name and reputation and not the
recovery Of a money judgment. and
he having In open court freely waived
his right to the assessment OF his
actual damages. II only remains for
the court 20 direct n verdict I'm his
favor for nominal damages. which,
under the law of Michigan, is the
sum OF 6 cents.
You are therefore. gentlemen. di-
rected TO render verdict in favor
OF the plaintiff for that amount.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
PRINCIPALS Did Not Meet.

While Colonel Roosevelt. smiling de-
lightcdly after the verdict, was chatting
with various friends. occasionally utter
ing some appreciation Of the way in
which Judge Flannigan had governed the
case or OF some clcverncss of his law
yers, Mr.. Newett was apeakiHg with
friends In the room. while everybody else
was watching to see II the two princi-
pals 10 the suit would set together
/ Mr.. Newett was the trst to leave the
Courtroom. but although he. was frequent
! Ii halted on the way 10 his automobile
| by persons who wished to express ad-
miation Of the manner In which he had
Acknowledged himself In the wrong. he
was \on his way TO his home In Ish-
pcuiig before the colonel left the build
Ing. The one opportunity where they
might have met casually pa ssed In this
| way. and there was no further chance.
as tho c,lonei had 10 hurry TO catch his
| train lt,left at $3.50 o'clock and on II,
besides tn colonel, were James r. Gar
field. w. hplen Roosevelt, William Loeb.
la law awyers @ andrew d'".~ses per men. men ee'e'
] The lIbel VI which Colonel Roosevelt
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
|Stories Flattened Out.

The statement admitted that search
| OF the country had been made TO investi-
gate stories of persons who were alleged
10 have knowledge that Mr.. Roosevelt
drank to excess, but IN every case the
stories flattened out to mere opinion or
hesIsay. The libel was published In good
faith, Mr.. Newett said that II was true.
and the information was for public
which was being asked to vote for Nh.
Roosevelt for president. That IL was true
the defendant said the never questioned
until the trial opened. No demand for
a retraction was made. he said. and when
the action was filed there was nothing
left for him TO do but to seek evidence
and make other preparations TO contest
the suit.
Forty depositions were taken In yari-
Gus parts OF the country, but to use them
or 10 attempt TO use them would be to
continue an injustice which had already
become apparent to him and TO his at
torneys.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Election Call Expected.

| MEXICO CITY. May 3i.-No intima-
| ton has yet been given by Provisional
| President Huerta to when he Will issue
| the decree calling presidential election.
| II is considered certain that he will not
delay for long the formality OF issuing an
| official call. as both houses of congress
have passed a measure fixing October 70
as the date
Gen. Felix Diaz is the only candl-
date who has frankly entered his name
| for the election. but IT is regarded as
probable that lie will oc met by the op-
position OF Manuel Calero. former Mex
lean ambassador at Washington, and pos
stbly OF Francisco de la Barra, minister
Of foreign affairs. the representa- tive
of the Catholic party.
The tone Of large part OF the press
and the expressions OF opinion OF many
people, including numerous friends Of
Felix DiaZ. indicate that MS popularity
mas waned and that there Is little cha ance
Of his electioO
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Roosevelt Temperate.

And by his own and the testimony
or a long list of witnesses OF high
character and unimpea chable credJ-
pity, ne has satisfied the defenda nj
the jury also, ! fully believe, certainly
ne has convinced the court not ONLY
that he never was drunk. but that he
Is now and always mas been a tenn
perate and abstemious man
After hearing the testimony OF the
plaintiff and his witnesses the de-
fendant, freely. in the presence of the
court. comedies the mistake of fact
In his publication. In this he has
taken Just position.
The court is satisfied from the tes-
timony OF the defendant that in pub
fishing the statement he was not
actuated by actual iil-will toward the
plaintiff. and that he acted in good
faith.
The enjoyment OF a private repu-
tation unassailed is as much con-
stitutioDal right as the possession of
life, liberty and property: and when
ever ones reputation is unlawfully
assaied he Is entitled to recover all
the damages which he has actually
sustained
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Malice Defined.

In all actions for defama ton malice
is an essential element. But In such
actions the word malice" Is under
$1,000 as having two Specifications
One is It's ordinary meaning OF i'll
VIII against person and the other
is It's legal Specification, which is
wrongful act done Intentionally with
out Just cause or excuse These dis
unGtions nave been denomina ted
malice In fact and malice in law.
Malice In fact. or actual malice. I'M
pies desire TO inJure. Malice IN law
Is not necessarily inconsistent with
an honest purpose, but II false and
deIamatory statements are made con-
corning another without sufficient
cause or excuse they arc legally ma
licious. and whenever the natural
tendency of The publication is TO i'm
pair the plaintiffs reputation and the
publication is not privileged. malice is
implied from tine defamatory of the
publication and It's falSity
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01

was mistaken. am unwilling to
continue TO assert that Mr.. Roosevelt
actually and in fact drank to excess.
AS puuisher OF newspaper. ] have
never knowingly done snjustice 10
any man. and neither I nor my at
torneys are willing now TO make or
continue the assertion OF an unjust
charge against the plaintiff In this
case we have cached the con-
cIusion that 10 continue expressly or
lnpIledly TO assert that Mr. Roose-
Net drank TO excess or actually be-
cane lntoxicated as set forth In the
article would do him an injustice.
Since, in publishing the article,
acted honestly and in good faith. /
propose at this time and throughout
The remainder OF the case to occupy
throughout the Introduction OF my
defense is. and will be. that In the
publica ton | acted in good faith and
without malice.
at first. but when the defendant begar
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
position seemed like that OF man about
to leap forward, lost the tense look or
his face
1T is fair TO the plaintiff TO state that
have been unable to find In any sec
ton OF the country any individual wit
ness who is willing to state that he has
personally seen Mr., Roosevelt drink tc
excess"
Al this the plaintiff smiled, and. re-
axinG. spoke a few words in the ear OF
Van Benschoten. The latter
smiled back at him. The colonel broke
nto grin again when Mr.. Newett,
speaking distinctly and with empha sis,
said with reference to the mass OF testi-
nony adduced by the plaintiff. II am
orced 30 the conclusion that ! was mis-
all
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Rebels Capture Town.

MEXICO CITY. May 3l.-It is reported
unofficially that Zamorra. the second
Michoacan. was taken by the rebels yes
terday, Conditions about Morelia, capital
OF the state Of Michoacan. are bad. but
the garrison there has been strengthened
and there Is now less likelihood OF an
attack.
A railroad between Tamplco and Mon
terey has been destroyed This Will In
ierfere with an attempt TO obtain sup
plies, but II does not affect other parts OF
the country AS all railroads ont OF Mon
terey are ont OF commission.
General Tampico. the rebel leader who
Is said TO have entered the United States.
IS reported preparing for surrender.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
AMERICAN INJURED
PROTECTING WIFE
Outrage in State of Tamau-
lipas, Mexico, Arouses Ex-
citement on Border.
DETAILS ARE MEAGER
Band of Carranza's Rebels
Surprised and Routed by
Federals.
DETAILS ARE MEAGER

SAN ANTONIO. May 3l.-Aroused
by reports that NJ. T. Vought, formerly
( of st. Paul, MINI, one of the best
known Americans IN northern Mexico,
was seriously injured in protecting his
wife and sister, Miss O'Keefe. of To-
peka. Kan, from assault by two Mex
lean soldiers in his home at Xicotencatl,
state of Tamaulipas, John Warren OF
| this CITY today sent urgent kilograms
to Senator Culberson and Governor Col
| quit of Texas demanding protection
| for the women.
Details regarding the affair were
meager. 1t was not known whether the
soldiers were punished nor whether
| they were federals or constitutionalists.
Mr.. Warren, who is Vought's 8 business
associate, declared his intention of wir-
| ing Senator Morris Sheppard and the
American consulate at Tampico, ask
ing an investigation.
Rebels Surprised.
LAREDO, Tex, May 3l-Federai
nearly 200 Carranzistas at Columbia,
twenty five miles above Laredo, today.
They poured upon the rebels a deadly
fire from machine guns, killing twenty
five men and wounding many others,
The rebel force, which has been sta
toned near Columbia for months, con-
Quoted government Of their own, col
lecting customs duties on cattle.
Federal forces under command OF
Col. Geronimo Vilarea,. left Neuvo
Laredo last night for Columbia. arriving
at Z O'Clock this morning before the
rebels realized the federals were in the
vicinity. The rebels soon became de-
moralized and fled. Twenty of them
crossed the Rio Grande at Minerva and
were arrested by the American patrol.
Governor Appointed.
CHIHUAHUA, Mexico, May 81
Gen. Samuel R. Mercado, recently re-
called from Parrel, today was appointed
military governor of Chihuahua state.
He succeeds Gen. Antonio Rabago, who
has been called to Mexico City.
Colonel Romero with 1900 federals is
marching south in an effort TO restore
rail and wire communication along the
Mexican Central railway as far as Tor
reon. In fight with the insurgents un-
der Villa, Herrera and Hernandez at
Saucillo, the government reports TWEEN
ty-five rebels killed and several taken
prisoners.
The constitutiopalists are concentrat-
ed at Santa Rosalia, while the govern
meut troops are engaged in repairing
burned bridges at Conchos, The gov
ernment column is carrying several
pieces of heavy artillery. The insur
gents strength is estimated at 400 well
mounted, but poorly armed, men with
no heavy artillery.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Charge of the Court.

follows:
Gentlemen OF the jury:
The position which the plaintiff has
now taken enab bles the court TO dis
pose OF this case finally at this time
rms action, which Is for libel fol-
lowed upon the publication by the
defendant OF the statement that the
plaintiff was frequently drunk
Libel Is malicious publication ex-
pressed IN printing or writing or BY
signs and pictures tending 10 blacken
uhe memory Of one dead. or the repu-
tation OF one who is alive and expose
him to public hatred. contempt and
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Plaintiffs Position.

The plaintiff was formerly presi-
dent OF the United States. Al the
time Of the publication he was can
didate for office OF the president of
the United States and the defendant
by his plea claimed that the plain
TIN being such candidate and he. the
defendant. being the publisher OF a
newspaper, he was privileged TO
comment upon the official acts.
character and conduct OF the plain
In good faith and with an honest
purpose to enlighten the public upon
the character and fitness OF the plain
TIN for the position he sought. and.
privileged
The publisher OF a newspaper may
freely discuss the fitness OF person
for public office, he may lawfully
communicate TO the public any fact
within his knowledge respecting the
the candidate and freely express his
opinions OH and his inferences from
such facts, so long as he states as
facts only the truth. and as opinions
and differences thcrefrom only homes,
belief To that extent the publisher
of newspaper is within his privi-
lege and any candidate for public Of
Nee injured in his reputation or feel
ings by reason of the publication OF
real facts, and the publishers opin-
Ions thereon and nferences there
from, honestly and in good faith en-
tewalned has no redress.
But Michigan has not yet granted
to anyone, whether newspaper man or
not. the privilege of writing or speak
Ing OF candidate. for an elective Of
fice. words which are both defama-
tory and untrue.
Whatever the law may be in other
Jurisdictions wbth us no one Is privi-
legged to defame person because he
happens at the time 10 he q Candi-
date for public office.
When newspaper attacks the
character OF a candidate for public
ofhce, the publisher must at his
peril, be careful 10 ascertain the
truth OF the facts charged as in any
other case OF libel
From what has been said IL fol-
lows that the defendants liza bility In
this action depends solely upon the
question whether the charge Is true
or false.
Unwilling 20 rest on the presumD-
tion OF law that the charge was false,
and call upon the defendant TO prove
ITS truth or answer in damages as
was the plaintiffs right the plaintiff
proceeded before this court 10 show
that the charge was false in fact.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Burden on Plaintiff.

ANY untrue or printed publica ton.
the natural result Of which is TO
bring ridicule or contempt upon a
person is lbelous. and the publlca-
tion OF words OF that character Is
considered the voluntary act Of the
defendant and, unless privileged. is
presumed by law TO have proceeded
from malicious motives When, how
ever, publication is privileged, the
existence OF malice Is not presumed.
and in such cases the burden is on
the plaintiff to establish both the
falsity OF the charge and malice in
It's publication.
The natural result Of the publica-
ton OF the charge we are consider
Ing was to bring ridiculc. contempt
and disgrace upon the plaintiff. and.
II untrue. II was plainly libelous. and
malice is conclusively presumed from
It's publication unless we may say IL
was privileged
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
DECLARES THE GIRL
WOUNDED HERSELF

LOS ANGELES, Cal. May 31.-Fred
lolb, the wealthy young. man under or
terday OF Miss Irene Noble. his nancee
said today that the girl had wounded her.
self during an attack OF mysteries brought
ton OF her mother. Kolb made the state
nent today after being told that his
sweetheart, although shot through the
neck and paralyzed from the shoulders
down had a chance TO recover.
M'ss Mobiles mother, Mrs. W. B. Gut
nand and her brother. George G. Noble,
told detectives that they believed Kolb' 8
story. The young man. however, will be
held a prisoner pending further invcsti-
"a ton.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Mere Matter OF Belief.

have taken the testimony in the
form of depositiou OF more than
forty reputable witnesses who have
expressed the opinion that on those
occasions as TO which they testify
he WAS intoxicated. i believe all
these witnesses were honest I'm max
ing their statements. 4 have relied
upon those witnesses, \ but have
recognized the lesser Opportunities
they have had 10 observe the plain
tin and his habits.
have been profoundly Impressed
during the progress OF this vial by
the nature and extent OF The evil
dence produced by the pla!ntH 10
the effect that he did not use kquor
To excess on any occasion, | am,un-
willing 10 believe that these emlrent
men would purposely misstate he
facts. or that under the circun-
stances related by them and thet-
Intimate acqualntances with the
plaintiff for so many ycnrs they could
be mistaken as to his habits.
I have therefore been forced to
believe those who have given deposit
tions, or made the statement that
In their opinion on the occasions to
which they refer Mr.. Roosevelt was
intoxicated had insufficient means
and opportunity OF correctly observ-
ing him. and were mistaken.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
KEEP THE CHILDREN WELL AND
HAPPY.

The sandy beaches and Fairgrounds
of southern California invites them
Long Beach. Ocean Park. Venice and
Catalina Island are popular Excur
sion tickets on sale daily commencing
June !, return limit October 81. Salt
Lake Route. Ticket Office, No 10 East
Third South advertisements
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
CLAIMS HITCHCOCK
MADE FALSE REPORT
Postmaster General Burleson
Declares Department Was
Not Self-sustaining.
DEFICIT OF $75O,OO0
Report of Special Investiga-
tors Appointed by Burleson
Is Made Public.
DEFICIT OF $75O,OO0

WASHINGTON, May 81. - Post.
master General Burlesop today made
public the report of a special investi.
CATION into fiscal affairs Of the postal
service, charging that during former
Postmaster General Hitchcock ad-
ministration the service did not be-
come self supporting, as was ofton as
serted, but that in 1911 there actually
was deficiency of more than $780,
600.
The report charges that an apparent
surplus was attained by unjustifiable
methods OF bookkeeping. and that the
efficiency and morals of the postal
service were sacrificed TO Ruthless
y enforced policy of false economy
that showing OF self maintenance
might be made. The report attributes
TO that alleged condition complaints
against the service.
Denies Surplus.
Mr.. Hitchcock, during his admins.
tratlon and in his reports, claimed that
a deficiency of about sl7 100000 in
the year 1909 had been entirely elimi-
mated and that in the fiscal year 1911
surplus of more than 100000 was
attained. The report of the survey
made at the direction of Mr.. Burleson
says that at no time has there been a
legitimate surplus in postal revenues
since 1888 and that the postoffice de
partment under Mr.. Hitchcock's ad-
ministration in 1911 actually was uu-
der 2 deficit of more than $4,000.
Just before President Wilson took
Office, the report says, Mr.. Hitchcock
filled long standing vacancies, made
postponed promotions and assumed
commitments to fixed charges for long
new administration with the greatly
increased expense during months. il
not years, to come - More than 100
rural mail routes were authorized in
three days. The fiscal statement OF
the postal service for 1912 purported
TO show deficit Of $l,7s5,523, but
that sum, the investigators gay, was
understated by nearly 100000.
Says Standard Lowered.
Delay of promotions and filing OF
vacancies that lapsed salaries might
be returned to the treasury, the report
says, caused dissatisfaction among
employees and lowered the standard o.
their. efficiency. Employees were
transferred from other departme ents TO
salaries in excess of the entrance
the civil service commission that po-
sitions ''could not be filled by promo
tom were unjustited
Daniel O.. Roper, Joseph Stewart. A.
NJ Dockery and James |. Blakeslee,
the four assistant postmasters general.
and Merritt 0. Chance, chief clerk Of
the department. made the Survey
and signed the report.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
DiSclaims Malice.

/ mention these facts as ifldicatins
the impossibility OF my gharborias
any feeling OF person malice against
the plaintiff
Some time before 1919 ! begsn to
hear statements from various sources
that Mr. Roosevelt was %lnklng
wines and liquors TO excess. during
this period i took a trip proushout
the western country, passi,g througn
the states of Montana, Nvada and
Arizona as well az the lnterEenlng
cities. The statements IL Mr. Roose-
velt's excessive drinkng were re-
/ believe TO be reputable. but not
withstanding this / was loath TO
credit Them. fet that there was
possibility that these persons were
mistaken and nerefore thought the
statements possibly unwarranted.
Later. during the winter of 1912.
took a triy to Florida. passing
through chicago and other cities en-
route and spent several weeks at
Belleair snd other Florida points.
During this trip the same state
ments As to Mr.. Roosevelt's habits
were repeated In a very circumstan-
tial ray. although no one was able
to say that he had actually seen Mr.
Roosevelt drink TO excess or person
aW knew that he did so.
During this period 7 also talked
With various reputable people in lsh-
peming, who claimed to know the
conditions as they existed In Wash
ington and In whose statements /
had the utmost confidence. both as
10 their reliability and their oppor
tunity to know the facts
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-06-01
Lost Faith in T. r.

During the spring of 1912 newspa-
pers came to me on our exchange list.
various OF which contained reference
to Mr.. Roosevelt's drinking habits. l
saw and read these newspaper pub
locations. From the statements so
made In these papers and all the In
formation which had come to me
from the other sources mentioned. I
felt that / could no longer doubt the
truth OF the statements, which had
been made. much as / regretted to be-
licve them,
When Mr. Roosevelt was nominated
for the presidency on the National
Progressive ticket, / opposed his cleo
ton. having been lifelong Republi-
can and believing that the success Of
that party would be for the best in
terests OF the country.
In October. 1912, Mr.. Roosevelt
made campaign trip through north
ern Michigan, and among other
places spoke at Marquette on the 9Th.
] was present on that occasion and
heard him speak. In the course OF
his address he made what 7 consid-
cred a most unjust attack upon our
candidate for congress, VINO was one
of nv lifelong friends