The Birmingham age-herald., 1913-05-29
INTIMATE FRIENDS
OF ROOSEVELT SAY
HE is TEMPERATE
(ContInued from Page One)

~~~>-~-~~~~>~>~-~>~~~
Benschoten, Colonel Roosevelts attorneys
said the ruling was agreeable to them.
Horace Andrews, one Or Mr.. Newetts
counsel described the present civil action
as "a semi-criminal case and pleaded for
an unrestricted ruling on the admission
of evidence by the defense.
Almost every phase of Colonel Roose-
velt's public life was touched upon by
todays witnesses. All of them spoke
with emphasis when they expressed per-
sonal knowledge in denying, as the edi-
torial charges. that the colonel gets
drunk and that not infrequenty and 'ail
his intimate friends know il"
1t was asserted that whenever Colonel
Roosevelt drank champagne or wine or
mint julep. 1t was cut of courtesy to his
host at some public function, that he
often only took a mouthful from a wine
glass and that on one occasion he ordered
a railroad company not to place in his
special car the supply of liquors usually
placed in such cars.
The witnesses We're Mr. Bacon. Tru-
man II. .Newberry, former Secretary of
the Navy, John Callan OLoughlin,
Washington newspaper man, Lucius L.
Curtis, a New York newspaper man and
testified the day before was recalled.
Some Questions Asked
Repeatedly and in varied phrases the
same question was put to each witness.
'sHave you ever known Mr.. Roosevelt
to be under the influence of iquor?' or
Have you ever smelled liquor on Mr..
Roosevelt's BREATH and the answer In
variably was negative. just as often
questions were out as to whether the
colonel was in the habit of drinking IN
toxicants regularly il. any quantities and
the answer again was negative.
Mr. O'Loughlin, who said he had known
Colonel Roosevelt for many years, put
6egree of positiveness TO his answers by
saving, IL not only never knew of the
colonel's being under the influence o.
liouor, but any suggestion that he ever
was appeared to me, on account OIL my
intimate acquaintance with him, to De
absolutely ialse.
With a question put to Mr.. O'Loughlin
that brought about the argument of at
torneys over the lmissability of certain
testimony, Mr.. OLoughlin was asked
whether he had heard general report
circulated among newspaper men that
the colonel was in the habit or getting
drunk. After the courts ruling, he was
permitted to answer. His answer was
that he had heard such rumors, but
that he regarded them as wholly un-
founded and not worthy of notice.
Mr.. Newberry and Mr. Bacon were
equally positive as to Colonel Rooseveks
ha bits of sobriety.
Memories of the Cuban campaign were
brought to Colonel Roosevelt as he sat
in the courtroom. A telegram was hand
ed him from Hugh T. Halbert of ST.
Paul, Mimi, referring to a letter whi,h
the colonel wrote while in carcp in Cuba
NIT a
among soldiers while on duty.
1t is likely that Colonel Roosevelt's
side of the case will be completed tomor-
row Among those still to take the stand
are Clifford Pinchot,A James r. Garfield,
Regis II. Post, Lawrence Abbott VIII
liam Loeb, Jr., w. Emlen Roosevelt, q
cousin to the colonel and two secret
service men who travelled with the colo
mel when he was President.
Judge Flannigan's ruling was as fol-
lows:
"rhe Michigan rule is very well settled
that the general reputation of the plain
tiff is a matter that the defendant may
dispute-that is. his general reputation
previous to the publication of the alleged
libelous article-and evidence of that ma
ture will be received.
1.-The other question is as to whether or
not the defendant may show that other
newspapers published similar charges and
may show that 1t was reported among
men that the plaintiff was guilty of SINH
lar offenses. The court is very well satis-
fled that the defendant is not entitled to
that testimony and no testimony of that
nature will be received.
"Gilson Gardner, witness yesterday,
testified under direct examination to the
opinion of certain correspondents in
Washington. That testimony will have to
be considered drawn out by the plaintiff
I think the defendant will have the right
to rebut that statement IL he Is able to
do so
Will Not Pass on Question
Whether or not the defendant will be
entitled to show the source of his infor-
nation for the purpose Of establishing