The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-05-29
BY RICHARD LITTLE.

Marquette, Mich, May 2S-Colonel
Roosevelt spent one OF the unhappicst
days of his life to-day There was "A
fight on. 1t ragged all around him. but
he could not get into 1t. His attorneys
and the lawyers for Editor Newett. who
is being sued because he published the
statement that the Colonel was a
druDkard. fought for hours over point
OF law. They hurled reports and mod
ern instances at each other. and plead
ed, Grated. denounced. explained. en-
pounded. objected and refuted with
scorn. They stood so close TO Colonel
ROOSEVELT that he could have reached
out and touched them while they glarcd
at each other and waved their hands
in the air and made the stained glass
dome echo with their eloquence.
IT was hard place for the Colonel
He was even denied the privilege OF
touring the words that arose in him
into the sympathetic ears of Jimmie"
Garfield or Jacob Riis. for by order of
the court yesterday. all the witnesses
were banished from the courtroom un-
til they should he called to testify MIR
Riis testified yesterday. but he left
town last night. and the only adherent
left in close attendance on the Colonel
was Jimmie" Sloan, the secret service
man.
The point OF law which tied up the
case for something over four hours
cropped up when John Calm O'Lough-
lin. Washington newspaper CORE
spondent was on the stand. When it
was finally ended and the jurors re-
turned 10 their seats, Mr.. O'Loughlin
completed his testimony. and Gibson
Gardner. another Washington CORE
spondcnt who testified yesterday, was
recalled for further questioning lie
was followed by l.. l.. Curtis, also n
newspaper correspondent Members Of
colonel Roosevelt's famous Tennis
Cabinet" We're called next, but after
B1cnn ri ccic.
Rotary of State. and Truman H. New
berry. former Secretary Of the Navy
had testified court adjourned for the
day.
The point which caused the long de-
bate between counsel was as to whether
or not general reports that Colonel
. Roosevelt uses liquor to excess was
admissible. The defense maintained
mat the common talk of the people In
The various communities was what
constituted reputation. and il took a
position TO Introduce evidence general
iy TO establish the fact that IL there
was in circulation generally through
out the country belief that Colonel
Roosevelt drank to excess before Edi
tor Ncwett published the article on
which the suit was based, therefore the
article caused no injury to Colonel
Roosevelts reputation.
Attorney w. II. Benschoten. for Col
onei Roosevelt. said he would not OPP
4 pose the attitude of the defense If the
admission Of so-rallcd hearsay evil
dcncc was merely to mitigate damages
lie contended, however, that such evil
dencc should not be admitted unless il
should be first established that the
defendant knew of the reports before
I he published the article, and believed
them to be true, and based his article
upon them.
I The discussion waxcd furious until
noon, when a. truce was called, and the
subject taken up with increased ardoi
IN the afternoon. when the attorneys
read copious presidents and decision.
bearing on the matter.
other questions relating to the one
under discussion were threshed out
/ me principal one was whether or moi
! the defense could introduce article.
published in magazines or newspaper:
making charges similar to the one tina
Editor Ncwctt had made. but befor,
/ the defendants attack was printed.
II vas ruled that while evidenc.
would be admitted regarding the gen
eral reputation Of Colonel Roosevelt
that the defense could not show tina
other newspapers or magazines pub
lished similar charges to the one!
+ printed by Editor Nowott intro
duce what was alleged to be common
speech among various classes OF mei
IN different localities.
MIR. OLoughlin caused the attorney
for the defense to indulge In q grea
deal of most earnest objectinR. ",
brought the entire array of :dito
Ncwetts lawyers TO their feet when h
answered Attorney Bclden's query n
10 whether he had negotiated in bchal
OF Colonel Roosevelt with the Italian
government and the Vatican by say
ing:
II am Catholic"
The fur few fast for while. hut fnali!
the uhrasc. ~ am Catholic" was or
dcrcd stricken from the record.
SIR. OI.ouRhlln. in his direct exami
nation and In answer TO exhaustive
questions from Attorney Pound. told o
his long acquaintance with Colone
Roosevcit He said he had seen tn
Colonel every day while he was Presi
dent and usually many times n day
81. had gone far. above Khartoum L
meet the Colonel on his return from
Africa, and accompanied him on mucl
Of the Journey through Europe Ais
ne had taken many campaigning trip
WIN the Colonel and had never scci
him under the slightest influence y