Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1913-06-06
WINS LIBEL SUIT
ROOSEVELT GIVEN CENTS DAM
AGES WHEN EDITOR ADMITS IN.
ABILITY TO PROVE CHARGE.
CASE COMES TO SUDDEN END
Colonel Tells Court He Asks Merely
vIndication and Requests That
Mere Nominal Sum Be Assessed
Against Defendant Newett

Mere Nominal Sum Be Assessed
Against Defendant Newett.
Marquette. Mich. June S.-Theodore
Roosevelt Saturday won his libel suit
against George A. Newett. editor OF
the Ishpeming Iron Ore Damages,
however, were only nominal, made
possible by the attitude of the colonel,
who told the court he did not seek a
punitive verdict
Judge Flanagan instructed the
jurors to bring in verdict for the
plaintiff. which they did without leav-
ing their seats. The colonel left for
the east less than two hours after the
conclusion of the case.
AS climax of the case which has
been on trial here week. Mr. Newett
himself took the witness stand and
retracted the charge he had made
He said he had been impressed that
an injustice had been done the colonel
in the publication of the article and
deeply regretted it.
1T is fair to the plaintiff" he said,
ito state that have been unable to
find in any section of the country any
individual witness who is willing to
state that he has personally seen Mr..
Roosevelt drink to excess, am forced
to the conclusion that l was mis-
taken
The statement admitted that a
search of the country had been made
to investigate stories of persons who
were alleged to have knowledge that
Mr.. Roosevelt drank to excess, but in
every case the stories fattened out to
mere opinion or hearsay.
The libel was published in good
faith Mr.. Newett said, in the belief
that it was true and proper informa-
ton for a public which was being
asked to vote for Mr.. Roosevelt for
president That is was tgue, the de-
fendant said. he never questioned un-
I'll the libel trial opened Until the
colonePs evidence began to be pre-
scented he held full belief that the
charge he had made was true.
No demand for a retraction ever
had been made upon him, Mr.. Newett
said. and when the bill was filed
against him there was nothing left for
him to do but seek evidence and make
other preparations to contest the suit
Forty persons were taken by Mr.
Newett's counsel in various parts Of
the country, but to use them. or at.
tempt to use them. he said, would be
to continue an injustice which had al
ready become apparent to him and to
his attorneys.
Leaving the stand and returning to
his seat, Mr. Newett looked in the
direction of Colonel Roosevelt, but the
latter was absorbed in whispering
to Attorney Van Renschoten. The
latter whispered in turn to Attorney
Pound and he turned to Judge Flanni-
gan anu said: with the courts per-
mission the plaintiff would like to
make brief announcement
The Judge nodded and Mr.. Roosevelt
rose. Bowling to the court, the colonel
said he would waive the matter of
damages save for the national amount
provided by law Speaking of his pur-
pose in instituting suit. he said:
Your honor. in view of the state
ment of the defendant, / ask the court
to instruct the jury that l desire only
nominal damages. ] did not go into
this case for money. did not go into
it for any vindictive purposes. went
into it, and, as the court said, ] made
my reputation an issue because
wished once for all during my life
time thoroughly and Complementary
to deal with these ISLANDERS so that
never again will it be possible for any
man in good faith to repeat then.
have achieved my purpose and am
content.
Nominal damages means six cents
under the laws of Michigan and no
costs. Each party to the suit will pay
the expenses OF his side of the case.
Judge Flanagan then read his
charge to the jury.
Speaking of Colonel Roosevelt, as
the plaintiff: Certainly he has con.
vinced the court, not only that he
never drank. but that he is now and
always has been temperate and alb.
steminous man"
At the same time the court held that
Mr.. Newettt, in publishing the edi.
toriai was not actuated by actual i'll
will toward the plaintiff. and that he
acted in good faith.
But, the court held. the injury 70 the
plaintiff had the colonel not waived
his right TO damages, would have sus-
tanned verdict in any sum up to the
amount claimed in the plaintiffs de-
claration, which is $4,000.