The Washington times., 1915-04-20
cific, In which Roosevelt's charges
were printed, were also submitted.
Widely Circulated.

cine. In which Roosevelt's charges
were printed. were also submitted.
Widely Circulated.
II was stated that no alleged libel,
upon which recovery of damages was
sought. has been so widely circu-
lated.
Barnes Investigators for evidence have
scraped the nations press for Roose-
veit's attacks upon the New York Re
publican leader. This was offered to
show the alleged general policy of
Roosevelt's antagonism and as cumula-
tive evidence to assess Barnes damages:
Attorney WINS stated that proof
would be offered that when Roosevelt
visited South Africa. South America.
and Spain he made speeches or gave
out statements violently attacking
vance copy of speeches during the pri-
mary fight last summer and also at
other times and then extemporaneously
interpolAted bitter attacks upon Barnes
That ali Of Barnes direct evidence
without delving into the political laun-
dry bag--would be completed before
adjournment tonight was expected.
Roosevelt To Testify.
Roosevelts testimony will probably
begin tomorrow. The colonel will be
one of the first witnesses. Eugene M.
Travis, State comptroller. today noti-
fed Roosevelt's counsel that he cannot
produce a vast quantity Of State records
at Albany desired by Roosevelt. Travis
The records withheld will not greatly
ennbarrass Roosevelt's side, as sec
ondary' evidence of votes of state
legislators upon various bills can be
submitted in absence of original rec
ords.
Admission from Roosevelt's side thai
Barnes was not attacked personally
but as titular leader Of the Republican
party and that personal graft and cor
ruption was not charged will material
~ limit the scope of the trial, at
torneys declared today. 1t is now be-
lieved that the case may be concluded
this week, or early next week as
Barnes ,rebuttal evidence will be limit
made in the Roosevelt defense and
Barnes cannot inject new issues.
"Malice Alleged"
Telling of Barnes opposition to
Roosevelt in the 1912 Republican
convention at Chicago. WINS declared
that Roosevelt's defeat gave rise 10
"malice" toward Barnes.
Barnes political position as well
as personal was brought into con-
tempt and dishonor by the alleged
libel" WINS asserted.
Because of Roosevelt's position
Wins said, State Senator Harvey d
Hinman proclaimed his independence
Of Barnes leadership.
"The vital question in this case Is
II these statements are true. because
truth is never libelous, and II true
the plaintiff has no standing In
court" said Wins. accepting Roose'
velt's issue of pleading justification
Reads Statement.
But there is no privilege to de.
fame" he continued, reading Rooss'
velt's entire statement of July %
1914.
kept his eyes glued on the attorney
rcst ais arm on q table. At his stare'
ment declaring the State govern
ment Is rotten" Roosevelt nodded his
head vigorously. in mute reiteratior
Of his sentiment. AS each decla"a
tion against Barnes and Murphy's al
legged bossism and bipartisan cJn'
troll was read, Roosevelt bobbeC
affirmatively. He smiled at some Of
the more caustic barbs in his state
ment.
Barnes sat immovable throughout his
counsel speech. He viewed the jury
over Roosevelt's broad back and nod
ding head.
A Personal Attack.
AlO NisooSOfSlD ~ IL pSiSohoL
attack" said WINS. His statement wa!
instilled into the minds of millions O.
people, seeking the destruction of thil
plaintiff. Mr.. Barnes could do nothing
to save himself respect but to avail
himself of law"
Mcation of alleged libel, Roosevelt mus
prove all his charges with the burder
of proof shifted upon him.
Justice Andrews interrupted to say
that while evidence Of some of Roose
telts proof of ms charges may be ad
mi1si":e, others rnay not. indicating h,
might rule out some Of the defense'l
testimony.
WINS served notice he would obiec
to almost all Of the coloners ''justtf
cation" testimony.
Complain To Court.
When court opened. Roosevelts law
yers complained to Justice Andrews re
garding refusal Of State Comptrolle
Travis to produce State legislative anC
printing contract records desired by tn
deferse The judge did not orde
their production, saying copies nigh
be secured. but said he would grant al
Barnes counsel agreed that copie
would not be objected to.
Roosevelt arrived early at court, bu
Barnes did not arrive until after AT
torney WINS began his opening addres
to the jury.
Ivins explained the technical offens
as like a violation Of a property righ
good name and reputation. Iv!n
asked for punitive as well as actua
DANA ges for Barnes. He said Roose
welt exercised tremendous and un
exampled" influence on public opinion
He traced Roosevelt's whole career, t
show the force behind the alleged libel.
"He became the greatest arbiter O
opinion that has been known in thi
country" said WINS He described no,
Barnes and Roosevelt worked togethe
until the State gubernatiorial campais
OF 1910 and their break at the Syra Gus
convention. when Roosevelt defeate
Barnes forces and nominated Henry 1
Stimson for governor.
Sidelights on Trial