New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-20
After Jurors Are Picked Roose-
velt's Counsel Tells Court AL
legged Libellous Statement
Was Aimed Only at Rotten
State Government, but Mo-
ton to Dismiss Complaint Is
Promptly Denied.


From stsr Correspondent OF Tho TnbuneI
Syracuse, April 19.-The irresistible
and the immovable are in contact.
Theodore Roosevelt and William Barnes
met head-on to-day in the matter Of
Mr.. Barnes's political good name. The
test has not yet come, but in the first
impact Colonel Roosevelt suffered a
slight and temporary setback.
The Colonel's motion to dismiss the
complaint was denied by Justice An
drews. In making the motion John NJ.
Bowers made a strategic retreat from
the position which counsel for Mr..
Barnes had asserted the Roosevelt
forces occupied. Colonel Roosevelt's s
statement concerning the rottenness Of
state departments and the existence Of
an invisible government were not aimed
at William Barnes as William Barnes,
but at the bosses, Mr.. Bowers declared.
In was a chronological acciG ht, the
lawyer added, that Murphy and Barnes
were behind the target. Had the call
to arms been issued by the Colonel at
another time other men would have
been mentioned.
Reading excerpts from the ColonePs
statement of last July on which the
Barnes libel suit is based, Mr.. Bow
ers declared the article was not liOell-
GUS per Sc, and in the absence of any
innuendo the case would fail. lie
may renew his motion unless malice is
shown by the plaintiff, and in any
event he has prepared the way for an
appeal
Dismissal Motion Denied.
81 will deny your motion at this
time" said Justice Andrews, who has
had before him for several days the
brief on which the motion was based.
While not pressing the question OF
privilege at this time, Mr.. Bowers as
serted that it was the inherent right
of citizens of a republic to voice their
disapproval of its government. If 1t
became necessary, he added, he was
prepared to prove the existence of the
invisible government and that 1t had
existed from the time Colonel Roose-
Welt was Governor.
While the jury was being selected
Mr.. Barnes eyed the talesmen as keen
ly as, if less obviously than, did Colo
mel Roosevelt. Beneath the gaze of
these men-probably two of the most
alert, practical psychologists in the
school of politics jury was chosen
in record time.
In four hours and fifty minutes
twelve good men and true were found
TO decide an issue the co. sequences OF
which may be farreaching. Only TWEEN
tv-two talesmen were examined. Colo
ne Roosevelt's counsel used only four
of their six challenges. Mr.. Barnes's
lawyers used six.
From the moment the first talesman
was Calleu lue NOioHtl NJNS 0N'N''''
left the box. His face was set and only
t zee changed its expression. When
talesman confused plaintiff with de-
fendant and declared that, being Re-
publican, the defendant was rather
more of a favorite with him than the
plaintiff, Colonel Roosevelt burat into
one of his hearty silent laughs.
Again, when William L. Barnum, of
counsel for Mr.. Barnes, advised tales
man that the question OF rank or posi-
fion should not weigh with him in
reaching his decision Colonel RoOse-
Welt nodded a solemn assent.
Colonel Appears Subdued.
All in all, it was much subdued
though no less determined Colonel who
oppeared at the trial to-day. Mr.
Barnes outdid Colonel Roosevelt in Sc
verify of aspect.
Almost side by side they sat-the
man who was President of the United
I States and who founded a political
party. and the man who was power
Z in Republican state politics. For once
Continued on pabe 1, column