Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-05-11
ROOSEVELT HEARTENEO
BY RULING OF JUSTICE
Proof Of Pecuniary Corruption Not
Necessary to Establish Charge Of
Alliance Between Bosses.
COLONEL SMILES IN DELIGHT
AS Result, All Testimony Concerning
Barnes's Alleged Promise to MUIR
ply to Keep Hands Off in Senate
rial Fight VIII Go to Jury.
Especial to The Times-Dispatch. ]

tSpecial to The Times DiSpatch.J
SYRACUSE, n. Y. May 1o.-To the
indignant astonishment OF the Barnes
| forces. Justice Andrews. who Is hear
ing the Barnes Roosevelt libel action,
ruled this afternoon in effect that proof
of pecuniary corruption is not neces-
sary to establish Colonel Roosevelts
charge OF n corrupt alliance between
| party bosses in the senatorial fight OF
1911.
| The justice denied motion by Henry
| 4. Wolff. for Barnes. to strike out the
| evidence of Franklin D. Roosevelt on
| the ground that the younger Roosevelt
in telling of this combination, had said
nothing to show corruption on the part
| Of Barnes. The court said:
This combination, while not corrupt
was perhaps improper. The testimony
that there was agreement between the
heads Of the parties that the Republi-
cans were not to interfere with the
, Democrats in the senatorial election
may have plenty of explanations But
on Its face 1t shows such a combination
| vas improper, and IL may go to the
jury"
The effect of this decision. which
| followed the admission of all but one
OF the groups of Roosevelt testimony
was vastly to hearten the Roosevelt,
side. The Colonel smiled in delight
Mr.. WINS. Barncss chief counsel
fought hard TO modify the ruling
Failing In this he sought to induce
the court 10 define corrupt" and lin
proper" This Justice Andrews de-
clined to do until he delivers his
charge to the Jury.
AS a result Of the courts view, O,
the case. all the testimony concerning
Barncss alleged promise TO Murphy to
keep his hands off in the senatorial
| tight Will go to the jury. Upon the
| Barnes lawyers will devolve the task
OF disproving 1t, lest 1t stand in justin
cation Of one of the most important
counts In the Coloners attack on their
| client.
| Tomorrow the court will rule on the
important printing evidence introduced
TO prove the Coloners charge OF an
alliance between corrupt business and
corrupt politics. While the friends O,
Barnes were staggered by to-day's de.
cislon. they are hoping for a ruling
tomorrow that will even things up
TESTIMONY ADMITTED
By JUSTICE: ANDREWS
| Passing on Mr.. VOLTS motions tc
strike out, Justice Andrews this after.
noon admitted the following testimony
| !. That of Franklin D. Roosevelt
that Senate Leader Grady. of Tammany
| Hall. had told him of bargain be-
| tween Barnes and Murphy for Barnes
to keep his hands off in tho senatorial
fight, thus tending to show the com
bination the Colonel referred to in his
attack
.. That Of Senator Agnew concern
ing Barnes's influence over Senator
Grafton in the race-track fight. The
justice held that, while this was no
reelection on Barness attitude toward
the bills, II die tend to show his dom
| ination OF the party.
3. That of ]. J. Dickinson that
Barnes had told him Grafton did the
right thing in voting for race-track
bills.
I. That of Senator Harvey D. Hin
man concerning the part Barnes took
in the primary fight.
! The justice ruled out AEnew's testi-
mony concerning the bipartisan fcht
| TO save Senator Aids. when he was on
! trial for corruption.
! He reserved decision on n motion to
strike out the testimony of Senators
| Davenport and Newcomb. and Re
porters McAiillen and Arndt about
| Barnes's share in the fight against the
Hughes direct nomination bills.
| All the witnesses whose evidence
was under consideration had corrobo-
rated the story told on the witness
stand by Colonel Roosevelt. There