The Sun

ASKED PRESIDENT TO TESTIFY,

But Bird S. Coler Gets a Short Bit of Information by Wire From Loeb.

Bird S. Coler, President of the Borough of Brooklyn, telegraphed to President Roosevelt at Washington yesterday asking him to come to Brooklyn and tell what he knows about certain things that the Brooklyn Eagle, against whom Coler has begun suit for $100,000 damages, did to Mr. Coler when Roosevelt was Governor.

Mirabeau L. Towns, chief counsel for the plaintiff, tried to make sure of the President's testimony by applying to Justice Clark in the Supreme Court, Brooklyn, yesterday for a commission to take his testimony in Washington. Justice Clark refused to consider the matter, telling Mr. Towns to make his application before Justice Thomas in the Special Term for motions. This was done later when affidavits and an order to show cause why the commission should not be appointed were submitted to Justice Thomas.

Last night Mr. Coler received this telegram from Washington:

Hon. Bird S. Coler:

The President of the United States does not testify in court, nor does he give evidence by deposition.

WM. LOEB, Jr.

Mr. Towns said before the telegram came that President Roosevelt can show that the Eagle has regarded Coler with malice since June 13, 1900, when charges were filed with the Governor against Coler by Jacob W. Mack. The charges were dismissed as without foundation. Coler maintains that they were instigated by the Eagle. He is suing that paper because of articles published accusing him of giving city contracts to the Medina Sandstone Company while connected with that firm.