The Birmingham age-herald., 1913-06-01
Plaintiff Valves Damages
and Is Given Nominal
Amount Under Law
of Michigan
EACH PARTY TO
SUIT MUST PAY
OWN EXPENSES
Sudden End to Libel Suit Against
G.. A. Newett When Defendant
in Statement Admits Error
of Accusations

Marquette. Mich, May 3f.-Col.
suit against George A. Newett. who
charged the colonel with drunkenness.
and, having waived damages after the
defendant had uttered a retrnction the
jury awarded the nominal damages of
9 cents. provided In such cases by the
laws of Michigan. Each party TO the
suit will have to pny 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 evening. less than two
hours after the conclusion of the case.
When the afternoon session began the
air was electrical with expectancy. Ru-
mors were flying that the suit would be
terminated. Attorney Van Benschoten
for the plaintiff, however, resumed the
reading of deposition. 1t was noted, how
ever, that he ignored the testimony of
some witnesses. The next move was sud
den
Call Mr.. Newett
''rhe plaintiff rests" remarked the at
torney, James II. Pound in matter of
fact manner. William p. Belden of lsh-
pemiDg. who with Horace Andrews of
Cleveland was Mr.. Newetts attorney.
said: THE defense will call Mr.. Newett."
rudy checked man whose color did
not disguise the fact that he is suffer-
ing from a serious illness took the chair.
In, Ltc ha, h.
When the defendant began reading Col
onel 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 man about to leap forward, lost
the tense look on his face.
1T is fair to the plaintiff to state that
! have been unable to find in any sec
tion of the country any individual wilt
ness who is willing to state that he has
personally seen Mr., Roosevelt drink to
excess"
At this the plaintiff smiled, and relaxed
The colonel broke into a grin again when
Mr. Nevett said, with reference to the
mass of testimony adduced by the plain
tiff 1 am forced to the conclusion that
I was mistaken,
The statement admitted that search
CT the country had been made to nvesti-
gate stories of persons alleged to have
knowledge that Mr.. Roosevelt drank to
excess, but in every case the stories flat
tened out to mere opinions or hearsay
The libel was published in good faith
Newett said. In the belief that it was
true and proper information. That it was
true the defendant said he believed until
the trial opened.
No Demand for Retraction
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
were taken in various parts of the coun-
try, but to use them. or attempt to use
them, would be to continue an injustice
which had already become apparent to
him and to his attorneys.
Leaving the stand. Mr.. Newett looked
ir the direction of Colonel Roosevelt but
the latter whispering to his coun-
sci. Attorney Pound then said:
with the courts permission the plain
tiff would like to make brief announce
ment."
The judge nodded and Mr.. Roosevelt
arose Bowing to the court the colonel
said he would waive the matter of dam
ages save for the nominal amount pro-
vided by law. Speaking of his purpose
Il wished once for all during my life
time to deal with those ISLANDERS; that
never again will ii be possible for any
man In good faith to repeat them'
Recess Taken
Here recess was taken. Judge Flanni-
gan delivered his charge to the jury i'm
medately after recess. Speaking of Col |
onel Roosevelt as plaintiff, Judge E'lanni- |
gan said:
Certainly he has convinced the court.
not only that he never was drunk but
that he is now and always has been a
temperate and abstemious man."
At the same time court held that Mr. |
Newett, In publishing the editorial. was
not actuated by actual i'll will toward the
plaintiff and that he acted in good faith"
But the court held, the injury to
the plaintifr. had he not waived his
right to damages would have sus-
tanned a verdict In any sum up to the |
amount claimed on the plaintiffs dec
each juror
AS soon as the foreman, William H. |
Matthews, a miner, 81 years old, report
ed the verdict as directed by the court, |
court adjourned and Colonel Roosevelt |
stepped forward and shook the hand of |
the each juror.
Thanks Jury
II thank you gentleman. each one of |
you" said the colonel. 1T was splendid |
Just perfectly splendid"
Matthews, smooth shaven and youth
full, said the jurors had been much i'm |
pressed with the testimony of each |
witness After MIR. Roosevelt's testi- !
mony think we were impressed chief !
ly with that of Mr.. Garfield and Mr. |
Riis." said Matthews,
"The statement of Mr. Newett him. |
self that he could not doubt that Col
onel Roosevelt was a temperate man |
after considering the character OF the
witness was just how he felt"
The scene in the little mahogany fur
nished court room in the red county |
building on the hill overlooking Lake |
Superior never for moment during |
the "a hours and 45 minutes actual |
time of the trial. extending over five |
DAYS, lost it's dramatic interest.
Dramatic Scene
Hour after hour, Mr.. Newett, al
though suffering from serious malady |
and with pain always visible in his
face. sat listening to testimony given |
against him by former members of
Colonel Roosevelt's cabinet literary
men. doctors naturalists and others Of
national reputation. Ten feet away sat
Colonel Roosevelt, the plaintin. The |
f,
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