New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-09-13
FIGHT ROOSEVELTS
CHANGE OF VENUE
Barnes Attorneys Declare
Consent Would Be
Misinterpreted.
JUSTICE CHESTER
RESERVES DECISION
Voiuminous Afidavits Submit
ted by Both Sides-COloners
Answer Made of Record.

Albany. Sept. q Decision was re-
served to-day by Supreme Court Jus
tice Chester on the motion Of Colonel
Theodore Rooscvelt's attorneys to have
the $4,000 suit for alleged libel,
brought against him by Republican
State Chairman William Barnes, tried
outside Of Albany County, Mr.. Bsrnes's
homo.
VoluminouS afidavits were sub
mitted By both sides. and the attorneys
were given until next Saturday to file
additional briefs. Incidentally. Mr..
Roosevelts answer to the Barnes COM
plant was made part Of the record
Of to-day's proceedings.
The principal plea for change of
venue was made by the Roosevelt at
torneys on the allegation that Mr..
Barnes dominated the politics Of AL
bank County. aud that consequently It
would he impossible TO obtain fair
and impartial trial here. The Barnes
counsel denied Mr.. Barnes's alleged
dominance. and con.ended that Albany
County jurors would try the case
honestly on it's merits.
The Roosevelt attorneys intimated
that the Barnes counsel should consent
TO a change Of venue. To this W. NJ.
WINS. appearing for Mr.. Barnes, re-
Piled:
knowing the temper of the defend
ant. Mr.. Roosevelt. il we consented, II
would be Immediately utilized by him
- an admission by US of the fact that
we have the political control with which
&c charges us"
IN the Roosevelt answer, which attor-
news for both sides have declined 20
make public until to-day. political &C
Invites Of Mr.. Barnes for the last
twenty years are commented upon.
In substance il is alleged:
That Mr.. Barnes has been for years
and still is the dominant pawer in the
Republican organization of the state.
That there has been cooperation be-
tween the Republican and Democratic
state organizations.
That while Colonel Roosevelt was
Governor Mr. Barnes opposed the pas
sage Of the franchise tax law and in
sisted upon the reappointment of Louis
p. Payne AS Superintendent of Insur-
ance in order not 10 antsgoniZe finan'
cial interests which had contributed to
campaign funds
That Democratic and Republican or
ganizations had worked together to
defeat the primary and snti-race track
gambling legislation OF Governor
Hughes.
That former Senator William J. Graf
tan, of Albany. had voted against the
Hughes anti-gambling bills at Barnes's
instigation: that Mr.. Grattan is now
clerk of Albany County and will draw
the veniremen for tie Barnes-ROose-
Welt trial If it is held in this county.
The Grattan allegation was attesteG
BY an affidavit Of former Senator Ag-
new. the author Of one of the anti
gambling bills.
The report of the committee of tine
Senate which investigated Albany City
and County in 1911 and many news
paper and magazine articles are IN
cluded in the answer.
Mr.. WINS contended that the create:
part OF the answer was not relevant TO
the pending motion. but was IAN ag-
qravation Of the libel" He added that
Mr.. Roosevelt. as President, had ap-
pointed Mr. Barnes Collector Of the
Port OF Albany.
"If." Mr.. WINS continued. "Presi-
dent Roosevelt kept Mr.. Barnes in
Office for several years and the Presi-
dent knew all the things about him
then that this answer alleges, then
President ROosevelt's actions were
nothing less than criminal