Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-06-01
DIFIADANT ADMITS ERROR
NEWETT TOLD THE JURY HE
WAS WRONG IN SAYING
TEDDY WAS DRUNK.
teddy waived DAMAGES
said He Did Not Want Money But
Only Wanted ViDdicatlon
of His Character.

MARQUETTE. Mich. May 3l.-
suit against George A. Newett, who
charged the colonel with drunkenness
and having waived damages after tho
defendant had uttered a retraction,
the jury awarded the nominal dam
ages Of six cents provided in such
cases by the laws OF Michigan. Each
party to the suit will have to pay his
his own expenses.
Judge Flanagan instructed the jury
to bring In verdict for the plaintiff,
which they did without leaving their
seats. The colonel left for Chicago
and the east at $50 o'clock this eve
ming. less than two hours after the
conclusion OF the case.
When the afternoon session began,
the air was electrified with expecta-
tions, Rumors were flying that the
suit would be terminated. Attorney
Van Benschoten, for the plaintiff,
however, resumed the reading of de-
positions. II was noted, however,
that he ignored the testimony Of some
witnesses The next move was sud
den.
"The plaintiff rests" remarked the
attorney. James II. Pound. in a mat
ter of fact manner. Wm. r. Belden
of lspheming, who with Horace An
drews OF Cleveland. was Mr.. Newett's
attorney. said:
THE defense will call Mr.. Newett."
A ruddy checked man. whose color
did not disguise the fact that he was
suffering from serious illness. took
the chair. In his hand he carried a
manuscript. When the defendant
began reading. Colonel Roosevelt
moved to the 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 IL man about to leap for
ward lost the tense look on his face.
Admits His Mistake.
ut is fair to the plaintiff to state
that | have been unable to find in
any section of the country any indi-
vidual witness who Is willing to state
that he has personally seen Mr..
Roosevelt drink to excess"
At this the plaintiff smiled and re-
laxed. The colonel broke into a grin
again when Mr. Newett said. with
reference to the mass OF testimony
BY the plaintiff. 81 am forced to the
ooaclusion that | was mistaken"
The statement admitted that
search of the country had been made
to investigate stories OF persons al
legged to have known that Mr.. Roose-
welt drank to excess, but in every
case the stories flattened out to the
mere opinions or hearsay. The libel
was published in good faith, Newett
said, in the belief that 1t was true
and proper information. That it was
true that the defendant said he be-
lieved until the trial opened.
No demand for retraction ever
had been made, he stated and when
the bill was filed against him there
was nothing left for him to do but
make preparations to contest the
suit Forty dispositions We're taken
in various parts of the country but
to use them or attempt to use them
would be to continue an injustice
which had already become apparent
to him and his attorneys.
Leaving the stand Mr.. Newett look
cd in the direction of Mr.. Roosevelt
but the latter was whispering to his
counsel. Attorney Pound then said:
with the courts permission the
plaintiff would like to make a brief
announcement"
Waived All Damages.
The judge nodded and Mr. Rsose-
welt arose. Bowing to the court, the
colonel said he would waive the mat
ter of damages save for the nominal
amount provided by law. Speaking
OF his purpose in instituting suit, he
said:
81 wished once and for all during
my life time to deal with those sland-
ers so that it never again will be pos
sible for any man In good faith to re-
peat them"
Here recess was taken. Judge Flan-
nigan read his charges to the jury
Immediately after recess. Speaking
of Colonel Roosevelt. as the plaintiff
Judge Flanagan said:
Certainly he has convinced the
court. not only that he never was
drunk; but that he Is now and always
has been temperate and abstemous
man.
AT the same time the court held
that MIR. Newett. in publishing the