Bisbee daily review., 1913-06-01
Instructed Jury Finds Hewitt Guilty of Libel in State ment that Ex-President was Drunkard
PLAINTIFF WITHDRAWS CLAIM; 6 CENTS AWARD
Hewitt Retracts Statement Saying It Was Printed in Good Faith; Sander Dead
 for All Time, Says T. R.

MAfl . Fl IEs May 3l.-TheOdOTS Roosevelt today wen his libel suit against George A. Newett who charged the colonel with drunkenness. Hay. ing waived damages after the defend. ant uttered 3 retraction Roosevelt ac. cepted the jury award of the nominal damages of cents provided in such cases by law in Michigan Each par. ty to the suit will have to pay ils own expenses.
 Judge Flannigan instructed the jury to bring in a verdict for the plaintiff which they did without leaving the.r seats. The colonel left for Chicago and the east at 5:20 this afternoon, less than hours after the conclusion of the case.
 The climax of the case came like the conclusion of a powerful drama When the afternoon session began, the air was electrical with expectancy. Rumors were flying that the suit would be terminated Counsel, how ever remained uncommunicative and Attorney Van Benschoten for the plaintiff resumed the reading oi de- positions. The next move WAS sud den.
 The plaintih rests" Attorney James II. Pound remarked in q matter Of fact manner, and every eye was turned toward the table where sat the defendant and his attorneys, horace Andrews, of Cleveland, and William P. Belden of Ishpeming
 The defense will call Mir. Newett" announced Attorney Eelden and a rllddy checked man. whose color did not disguise the iact that he was SUI fering from a serious illness took the chair. yl n.s hand he carried man, uscript, 4 shuttle sounded as The spectators adjusted themselves better to hear and observe.
 Roosevelt sat with folded arms first but, when the defendant began read. ing his statement, be moved to the Ut. most edge of his chair and betrayed excitement which his rigid jaws could not hlde. Newett was well along in his reading before the colonel whose position seemed like that of a man about to leap forward, lost the tense look on his face
 The plaintiff states that he has been unable to find any section oi the country or any individual wit nesses willing to state that he per sonally has seen Roosevelt drink tC excess" At this the plaintiff smiled and rising spoke a few words in the ear of Attorney Benschoten and the latter smlied at him. The coloneI broke into a grin again when Newett speaking distinctly and with emphas is said with reference to the testt r1ony adducedi by the plaintin, l an forced to the conclusion that ] was mistaken.
 The statement admitted that . search of the country had been made 10 investigate stories of persons al legged to have knowledge that Boose welt drank to excess but in every casc tbe stories flattened out to mere opln ion or hearsay.
 The libel was published in good faith, Newett said. in the hslief taa' it was true and proper information To- The public which had been asked C vote for Roosevelt for president ant .bat il was true, the defendant said mat he never questioned until the 7 hel suit began or disbelieved the a. sertion until the trial opened
 No demand for retractiOn was eve made. he stated. When the bill wal filed against him nothing was left t' do but seek the evidence and max other preparations to contest the suit
 Forty dispositions were taken Il various parts Of the country. but ta' nae of them or the attempt to Os' them would be to continue the inlu- tice uhich had already become appai eut to him and his attorneys.
 Leaving the stand and returning U his seat. Newett looked in the dire, lion of Roosevelt but the latter wa ahsorbed in whispering to his al torney. Turning to the judge the a. torney said: With the courts pei mission the plaintiff would like e n,aEe brief announcement
 The judge nodded and RooseVei rose Rowing to the court the coiont said he would waive the matter o 6smages. save for the nominal amour provided by law. Speaking of his pl r.ose I'd instituting the suit he said:
 aJ wished once and for all durin my life time to deal with these slam