The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-08

r. Andrews notifed Col. Roosevelt
lawyers to-day exactly what they must
prove 10 back up the Coloners charge
that Mr. Barnes was ccrruptly inter-
ested In wasteful and extravagant pub
lions won't do.
II the printing evidence. which IL
mostly relied upon by Coz Roosevelt
10 escape transferring any cash from
his bank account to Mr.. Barnes's. 10
TO be retained in the record and en-
phasised in the minds Of the Jurors
John NJ. Bowers and his associates
must bring out definitely three facts:
That wasteful and extravaeant
printing was done by companies In
which Mr.. Barnes was publicly or
privately interested and that these
companies frauduiently overcharged
the State and the county and city
Of Albany.
That Mr.. Barnes was aware OF the
waste. the extravaganza and the
+ fraud and that he profited personally
from the practices Of the companies
In securing contracts and assigning
them back and forth.
That corrupt and dishonorable
situation in public printing was
brought about by Mr.. Barness po-
litical influence working upon the
Legislature and upon public officials.
Defence to Close Monday.
The notification or ruling was made
this afternoon as the Roosevelt counsel
approached the completion of their case.
Their evidence will be all in by next
Monday at noon, they informed the
court and then will come Mr.. Bowers's
argument that the requirements Of
proof demanded have been met and
Mr.. Ivins's counter argument that they
have not been met and that the print
ing evidence should be eliminated
Meanwhile the jurors have been get
ting the benefit of whatever Mr.. Bow
ers has been able to boil out In the
way OF circumstsntial proof or in the
way of differences and suggestions that
Mr.. Barnes was getting well paid by
printing companies for his political in
tercessions on their behalf.
Mr. WINS argued holly against tho
tentative admission of testimony preju-
dicial to Mr. Bsrnes-testimony which
may have TO he stricken from the rec
ord. but which. as he contended. would
produce an indelible impression upon
the minds of the jurors.
Justice Andrews reminded Mr. WINS
that IL the court finally decided to rule
out such evidence the court would in
struct the jury to disregard what they
had heard and that he had not the
least fear that the jury would disobey
his instructions.
A very marked indication OF the in
Il. 1. -
printing evidence was afforded late in
the afternoon when Juror Zuill, after
hearing Mr.. Bowers read "A long list
of payments totalling s37,32s.s4 which
had been made by the j. r. Lyon Com
pany to Mr.. Barnes's Journal company
from February 10. 1908, to March 3,
1912, put this question:
May the jury have now an explana-
ton of these entries?'
The Court Explains.
ayes" replied Justice Andrews. as
] understand it. these are entries Of
Company to the journal company in
the years from 1903 to 1912"
Are these supposed to he commits.
sions?" Mr.. Zuill asked quickly.
Mr.. WINS and his associates at the
Barnes counsel table looked startled for
. moment.
Never mind what they are supposed
20 be" Justice Andrews replied That
will have to come out in the evidence,
II il comes out a. all"
II was. after all. the big point OF the
whole array of printing testimony that
the Roosevelt lawyers are producing
Did the j. r. Lyon Company and the
Argus Company give legitimate bust
ness discounts to the journal company
for doing legitimate work for the Jour
nal company or did they pay commits
sions to Mr.. Barnes because his politi-
Cal pull got contracts for them?
\ concrete example of the latter the
DRY will be emphasized by the. Roose-
welt side In dwelling upon the State
printing contracts obtained by John \.
Mccarthy in 1899 and 1900 and which
were Immediately assigned by the Nc.
Carthy company to the j. 3. Lyon Com
pany.
The Roosevelt counsel will try to
prove that the $4,000 salary payment
made by James y. Lyon to William
Barnes. Jr., in those two years was
nothing more then "A reward 10 Mr.
Barnes for the political influence that
got valuable work switched from Nc
Carthy to Lyon.
Evidence In Qualifications.
OF course the Roosevelt defence does
not have to rely absolutely on the print
ang evidence. but its importance is this
That II is their best bit of Justification
evidence and il is only by Justification
OF the alleged libel that the Colonel
can get a verdict.
of IA l.. l.. 4