The Madison journal., 1913-06-07
II|sEyElT WINS
MS LIBEL SUIT
....u,aAN EDITOR RETRACTS
syAIEMENT AND Ex-PRESI-
neNT ACCEPTS MINIMUM.
ux CENTS WAS THE AWARD
e,ur., Jury and Defendant Convinced
4 sobriety and Abste'niousness
of Plaintiff.

>v.s.rn Newspaper Union -ssvSs Service
6 13rouette, Mich. - Cob Theodore
,ssseyelt won his libel suit against
o,uree A. Newett, who charged the
incl with drunkenness, and, having
lived damages after the defendant
"A uttered a retracuon, the jury
,~unrded the nominal Camages of six
ruts provided in such cases by the
hvs Of Michigan. Each party to the
II viii have to pay his own expenses.
yudge Flanagan instructed the jury
: hring in a verdict foc the plaintiff,
vAich they did without leaving their
nab
When the last session began the air
~ electrical with expectancy. Ru.
nos were flying that the suit would
\ terminated. Attorney Van Ben
Aoten, for the plaintiff, however, re-
med the reading of depositions. 1t
uas noted, however, that he ignored
q testimony of some witnesses. The
nnt move was sudden.
The plaintiff rests" remarked the
aipfney, James II. Pound, in a matter
4 fnct manner. William p. Belen OF
hhpeming, who, with Horace Andrews
4 Cleveland, was Mr.. Newett's at
taney, said:
The defendant will call Mr.. New
~ A ruddy checked man whose
cplor did not disguise the fact that he
\ uffering from serious illness, took
& chair. In his hand he carried a
nAnuscript.
It II fair to the plaintiff to state
Z III I have been unable to find in any
ocion of the country any individual
tkness who is willing TO state that
y has personally seen Mr.. Roosevelt
Ink to excess"
A this the plaintiff smiled, and re.
kzsd. The colonel broke into grin
nenh when Mr.. Newett said, with ref,
Gunce to to the mass of testimony ad-
Good by the plaintiff, Il am forced
0tbe conclusion that was mistaken"
The statement admitted that a
1nfch of the country had been made
b Investigate stories of persons al.
lsing to have known that Mr.. Roose,
VI drank to excess, but in every
oss the stories flattened out to mere
>plnions or hearsay.
he libel was published in good
hjn, and proper information. That
k~as true Newett said, in the belief
oat It was true the defendant said
= believed until the trial opened.
No demand for a retraction ever had
IN made, he stated, and when the
~ was filed against him there was
ethhg left for him to do but make
Feparations to contest the suit.
When Mr.. Newett left the stand At
orney Pound said:
With the courts permission, the
aintiff would like to make a briet
1pCuncement."
The jude nodded and Mr.. Roosevelt
uose. Bowing to the court, the colo
1eI said he would waive the matter o.
0mages save for the nominal amount
Eovided by law. The colonel saiC
mrther that he brought the suit fol
ne purpose Of forever stopping Sian
leu.
Judge Flannigan read his charge t.
- Jury Immediately. Speaking o
ool Roosevelt, as the plaintiff, Judge
Fannigan said:
Certainly he has convinced the
court. not only that he never wa'
erunk, but that he is now and always
n been temperate and abstemiou!
an"
%At the same time the court he'll
mat Mr.. Newett, in publishing the edi
nnal. was not actuated by actua
" viii toward the plaintiff and tha
Ae acted in good faith"
But. the court held, the jury to TIL
phintiff, had he not waived his righ
damages, would have sustained
sesolct In any sum up 10 the amoun
shimed in the plaintiffs declaration
ha0Oa.