Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-04-30
Evidence of Former Collector
Of Port, However, Is Ex-
cIuded After Heated Argu-
ment Between Counsel,
IMPORTANT POINT RULED
IN FAVOR OF PLAINTIFF
Court Holds That No Corrup-
ton Is Shown to Have Been
PraCticed by Barnes and
Lays Down Legal Point.

tsY noRsIHa JOURNAL NarEeiAL LsAsIo winsl
Syracuse, ~ ", April 2s.-Theo-
dore Roosevelt was excused from the
witness stand today in the $50, 900
suit for alleged libel which William
Barnes has brought against him ar
ter he had told his own story of how
he ended the panic of 1907 and had
identified a letter in which Charles
S. Whitman, now governor, and then
district attorney of New York. wrote
that he thought the time was ripe to
rid the state Of the kind of party con
troll which was mainly responsible
for corrupt conditions.
In the letter the governor declared
that the men and policies response
BILE for such corruption We're not con-
fined TO any one party but the colonel
said he believed Mr. Barnes was re-
ferred to. William Loeb, Jr., once the
coloners private secretary in the
White House and later collector of
the port of New York, also was a
witness. He swore that william
Barnes had told him that he had an
agreement with Charles +. Murphy
of Tammany hall not to interfere in
the selection of a United states sem
ator. That was in 1911. prior to the
time James A. O'Gorman was chosen.
II was while Mr.. Loeb was on theI
stand that counsel for the colonel
made futile attempt to get before
the jury testimony regarding ViceI
and gambling in Albany.
How Panic Was stopped.
OF the panic of 1907 the COLONEL
told how Henry c. Frick, and form
er Judge Il. II. Gary, representing
the United States Steel corporation,
had come to him i'm the White House
and told him that if the j. p. Nor
gan interests could take over the
Tennessee Coal e Iron Co. before thel
exchange opened that morning theI
stock. much OF which was held asI
collateral, would Immediately be-
come enhanced in value. and theI
business of the country which wasl
trembling on a hair would not be
suspended. The colonel told how he
took action in the matter and then
notified the newspapers Of what hei
had done And" he said, with some
display OF pride, "the panic wasl
stopped
During the day Colonel Roosevelt
swore that he had not heard the
names Of many Of the men who We're
said to have contributed large sums
to his campaign fund in 1904 untilt
they were read in court during cross
examination by William NJ WINS lie
also made explanatory statements
about his appointment of judges ana
his relations with former Unlted
States Senator Thomas c. Platt, ana
about speeches he made in Whlch the
name of Mr.. Barnes was mentioned.
Asked whether there was any in |
visible government" while he wasI
governor or president, the colonel
answered mot the slightest particle.
Counsel for the plaintiff and deten- |
dant fought over virtually every piece |
of important evidence presented To- !
day. Mr.. Barnes spent the greater
part of the day in taking notes on
rad of paper After the colonel was |
excused from the stand he read |
magazine for q while but when MT. |
Loeb and George b. Agnew, former
state senator, were on the stand tne
defendant paid close attention 10 eV-
erything they said Mr.. Agnew gave
testimony concerning voting III thS
senate on race track legislation ana
tho manner i'm which he said Senator |
Grattan defeated the racing bill after
lac had been advised by Mr. Barnes
how to cast his deciding vote.
No Corruption Shown.
Justice Andrews, III statement |
made to counsel during arguments
and while the jury was out OF the
room, asserted that no evidence had
been produced connecting Mr., Barnes
with any corrupt conniVance' INSOFAR
as the municipal government OF Az
bany was concerned. Then he addeu
Where the libel charges a man
with being a thief 1t is not enough 10
say simply that the charge is true, but
one must set up in the answer tne
facts from which the inference IS
made.
Here the charge is that Mr. Barnes
was corrupt in one way or another.
You are bound not simply to say that
the charges are true You are bound
to set forth the facts which, If true,
would constitute justification; they
have got to be set forth so that II the
facts are true they would show cor
ruption
THAT you have failed utterly to do
with respect to the Albany Lincoln
league and gambling conditions, but
am inclined To think you have done II
with respect to the printing charges.
Applause for the Colonel.
When Colonel Roosevelt entered
the court room today, the spectators
applauded him and attendants hau
difficulty in restoring order
In regard to the election of SETH
Low. as mayor of New York City ana
a meeting he arranged between Mr.;
Low and Senator Platt the colonel
said: .I
",rhe organization had helped elect
Mr.. Low. / wanted Mr.. Low to take
the same attitude l did toward the
organization.
"How did you finally happen to De
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