New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-02

. NdN ON statement UaNe ny JuNNlN'
Andrews yesterday in reply TO the con
tention of John J. Adams, Of counsel
for MIR. Barnes, that there was no rule
Of law which charged a director or
stakeholder of a corporation with actual
/ knowledge Of its business transactions
merely because OF that relationship.
No Proof of Guilt.
"Of course. that is So" remarked
Justice Andrews I'm other words, the
charge here is Of personal guilt, and
think that everybody here will agree
that there has been no proof Of per
sonal guilt"
That. Of course, is exactly what the
defence will undertake to prove next
week Michael Y. Dolan, manager OF
THE Argus" Company, viii be on the
stand almost all day Monday. lie VIII
be followed by Charles NJ. Winchester,
manager Of the J. b. Lyon PRINTING
Company, also by officers of The Jour
nal" Company, of which Mr. Barnes IS
president. and by Deputy Controller
Wendell, who at the direction OF the
court has produced the accounts 1or
. the state printing for the last hiteeh
I years. The books Of the printing com
panies are also under subpoena.
. =
hostile, and it is problematical just how
+ long il will take to get what is desired
/ from them. However. counsel for the
{ defence hope they will be able TO get
4 their case all in by Wednesday night.
They take no stock in suggestions
that Justice Andrews might charge the
Jury to bring in verdict Cor the
plaintiff. on the ground that nothing
has been proved IN justification. Inc
law requires the case TO so to the
jury when justification mas been
shown. even in part. and they are not
willing to acknowledge that they VIII
not be able TO establish complete JUS
tifiCatiOn.
What Barnes May Testify.
The testimony Of Mr.. Barnes as to
his knowledge OF the bills paid by the
state and by the city and county OF
Albany and as to how the concerns IN
which he had a stock interest were
able TO get such public printing WILL
without doubt, be highly interesting
The Ravne committee unsuccesstully
attempted to get him to testify ma
/ the Court OF Appeals decided tha' he
could not be punished for con,-r pit
/ because Of his refusal.
/ 1t is strongly surmised that Will
lam NJ WINS, as counsel FOR MI
Barnes. will undertake to use the re-
rort Of the Bayne committee as an
argument for instead Of against him :;
in other words. that it will be set up
as the best possible evidence that
there was no foundation for the asSer-
+ ton of the defence that an alliance
existed between Charles F. Murphy
and MIR. Barnes. Contending that this
committee was a Democratic weapon,
4 the plaintiff will argue, it is believed
1 that its actions and report were an
attempt on the part of Mr.. Murphy TO
destroy Mr. Barnes and his political
power.
Mr.. Wins is thoroughly familiar with
the work of the Bayne comittee. When
il was sought to connect Mr.. Barnes
Up with the investigation he became
counsel for the Albany leader.
Friends Of Mr.. Barnes hold that the
Colonel so far has completely failed
to establish any justification. To tins
partisans of the defendant point to the
/ testimony of Royal W. France, who as
serted that Mr.. Barnes had told HIM ne
could get the riff-raff of one party "a
vote i'm the primaries of the other IN
. Albany. In doing this Mr. Barnes as
I serted, according 10 Mr.. France, such
( rotten candidates would be nominated
as 10 disgust the public with direct
( primaries.
Loeb Testimony Important.
/ Then the testimony Of VIM. Loeb, jr,
;e nointed TO as showing a direct as
sertion by Mr.. Barnes that he had an
agreement with Mr.. Murphy whereby
tbe Republicans would not interfere
with the plans of the Democratic lead
ers in the fight for the United States
Senatorship in 1911.
There are number OF PLACES where
the defence has still to connect up us
case The court has permitted certain
testimony to 60 in, but with the under
standing that the defence would later
connect it up by proving that Mr. IT.
Barnes had some knowledge or part IN
the facts alleged. This is true nota-
bly of the campaign contribution OF
the Metropolitan Securities Company
TO the Republican State Committee IN
7 1908. ..-.
II is also true Of certain testimony
tending to show that Mr.. Murphy and
Mr.. Barnes had working agreement IN
regard to combining the votes OF both
/ parties in the Senate for or against
certain measures.
In the camp of the plaintiff it is he
Iieved Mr.. Wins rather efectuaily
shattered the deduction Of conspiracy
or combination from the facts brought
out through former Senators Daven-
rort Newcomb and Hinman that ma
chine Republicans and Democrats
voted together for and against certain
measures. In reply TO questions from
MIR. WINS ex-senator Hinman sad ne
had frequently voted with the Demo
Gratis on certain matters, and had never
considered it an evidence OF corrup-
ton on his part. Neither had he con
s;dered il such evidence on the part OF
ether Republicans who had done the
same on various occasions.
Mr.. Barnes remained in Syracuse TO-
day and will be here tomorrow con
ferring with Mr.. Wins and William H.
Barnum, the local counsel. They IN
tend TO fight every step OF the way 10
block the bringing out OF the printing
evidence by the defence.
Colonel Roosevelt had talk with his
counsel at the home Of Horace 5. VIII
/ Hnson, where he is guest. Later IN
the afternoon, in spite of the fact that
IL had been raining and was cold and
dismal the Colonel went out for a
| horseback ride. He had the prize
mount of Troop D, the local cavalry,
and was accompanied by two of the
/ troopers.
/ Justice Andrews spent some time
going over the transcript Of the testi-
mony of Colonel Roosevelt He hopes
TO finish il to-day.
3 KILLED IN FRENCH