Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-05-28
T. RS REPUTATION
BIG ISSUE IN CASE
Defense to Libel Suit Seeks to Hide Behind
Plea That Others Published Damaging
Stories.

Roosevelt mixed his drinks at all OF
not?"
IF he took champagne he never took
anything else"
! A question involving the custom OF
former presidents in regard to liquors
at banquets caused objections from the
defense. The court held it competent
to show whether Colonel Roosevelt
followed customs in the use of liquor
at the White House.
O'Laughlin said his experience with
presidents began in the second Cleve-
land administration and Colonel
Roosevelt followed the precedent OF
Presidents Cleveland and Mckinley OF
serving wines at public dinners.
o'Laushlin Not in Politics.
Are you not in charge Of some work
In the progressive partyT' was asked
In Cross examination.
Il am not" he answered.
OLaughlin said Mr.. Roosevelt had
appointed him assistant secretary of
state and he had gone to Japan on a
mission for the administration.
Now you. mention that Colon el
Roosevelt sent the fleet to the Paci-
fic. Was that a measure taken because
OF the relations between this country
and Japan? Was it to prevent war 2''
| We'll, yes. 1t was perfectly evident
that Japan would not go to war with
this country II 1t was apparent that
this country was more powerful. It
was one Of the measures taken by
Colonel Roosevelt to prevent war"
One reference was brought out in
| O'Laughlin's testimony to the incident
OF Colonel Roosevelt's visit to Rome
with regard to the pope. The witness
explained he had been acting as the
colonel's secretary after the colonel left
Egypt for the tour Of the continental
| capitals and he communicated with
Ambassador Leischmann at Rome to
arrange for the reception OF Colon el
Roosevelt by the king Of Italy and the
pope.
Inmatsriai History.
you wrote to the ambassador to
arrange for Mr. Roosevelt's reception.
] Was that your purpose?"
Yes. It was to arrange these re-
ceptions..
Here objection was entered by Col
onei Roosevelt's attorney ON the
Egroond that this lire OF questioning
was imriiaterail.
Il regret that this subjec, came up"
| said the court, II suggest that it stop
right where it is"
The inquiry along this line accord
ingly was dropped.
| II will ask you il IN 1912 and for
some time prior there was not q, gem
eral report among newspaper men that
Colonel Roosevelt drank to excess
asked Attorney Belden.
OLaughlin shaking his finger at the
lawyer replied, There was not a
reputable correspondent in Washing
ton but who thought the report was
silly. too absurd to- be regarded or to
be repeated"
To Use Press Comment.
Counsel on both sides were on their
feet with regard to this reply and the
jury was excluded.
Attorney Pound said he found the
answe: Embarrassing" and Belden ex-
plained that he proposed to show what
other newspapers had to say on the
subject.
The answer was stricken out by
order Of the court. The lawyers then
suggested in the absence of the Jury
that the legal question of the admissa-
bility. touching on general reports"
that Colonel Roosevelt uses liquor to
excess be settled.
Contends Story Generally Believed.
Attorney Belden stated it was the
intention Of the defense to question fu-
ture witnesses in an attempt to show
the position of the defense that there
was In existence general report
amounting to a general reputation that
Colonel Roosevelt does use liquors and
sometimes to excess; that these reports
were published in newspapers, and
that Colonel Roosevelt read these re-
ports and this charge had never been
contradicted by him; the defendants
published the report. believing 1t to be
true and not with any malice"
Mr.. Belden maintained that such
testimony was required to show the
good faith. the absence OF malice in the
publication Of the defendants editorial.
1t could not be, in the presence Of
widespread comment by the public.
and the press, stated the lawyer, that
Mr. Roosevelt had been greatly dam
aged by the repetition Of the charges
Of intoxication In remote weekly
with a circulation Of about 5000 cop
les.
Would Prove Absence Of Malice.
1--WE propose to show" continued the
lawyer. that such charges as were
made in the Iron Ore were by no
means confined to this region. The
plaintiff during 1919 was the most
talked Of man In the United States
and we expect TO introduce testimony
to show that adverse Comments as to
his habits were made in many parts Of
the country. This point bears strongly
In showing the absence Of malice on
the part Of the defendant"
In the declaration to this suit the
plaintiff not only included the ques-
tion Of his uses or. non-use Of liquors
but also that OF his general reputa-
tion." said Mr.. Belden.
colensl's Reputation II Question.
The attorney read from the declara-
ton quoting that Colonel Roosevelt
never had been suspected Of drinking
alcoholic LIQUORS to excess" On this
basis. he said. the defense would claim
the right to bring out Testimony on
Colonel Roosevelt's reputation as 1t ex-
listed In vartQ1e paEtoE Of tho country.
The purpose IS - dtksles - pointed