Daily capital journal. (Salem, Oregon) 1903-1919, 1915-05-11
COLONEL SUFFERS
SERIOUS BLOW IN
RULING OF COURT
Trial Judge Excludes All Evi-
denCe of Printing Graft
As Immaterial

Syracuse, N, Y, May ll.-Cooncl
Roosevelt today suffered serious and
possibly n vital blow in defending him.
self against the $4,000 libel suit
brought by William Barnes, Jr, when
Justice Andrews excluding all testi.
mony regarding state printing graft in
Albany as immateriul.
Technically Justice Andrews denied
the motion Of counsel for Barnes to
eliminate the printing testimony, but In
effect he excluded the testimony say.
ing that he would not permit any Of 1t
to be submitted to the Jury either as
justification or proof of the alleged
libel II may be submitted only TO mi
tigate damages, The court held TINT
counsel for Colonel Roosevelt had failed
to prove that Barnes was responsible
for the alleged graft because Of his
political dominance,
Attorneys for Barnes began the pre-.
sentutiun Of their ease this afternoon
calling Frances Lindcstrom as the first
witness
Both sides won and lost In the rulings
made by the court today Arguments
on the various motions and the an.
nounccmcnt Of ruling. made by Justice
Andrews Occupied the entire morning
session Of the trial
Attorneys for Colonel Roosevelt were
gratificd by one ruling of the court In
which he refused 10 put narrow con.
struction ON the charge OF "corup.
ton as sought by counsel for Barnes.
Justice Andrews said hc did not TAKE
corruption 90 mean that Barnes OF
"Chicf' Murphy of Tummnuy Hail
had obtained money but rather meant
unfuithfulntss 20 duty
Counsel for Barnes scored when ter
timony by II, IL NrocIoud as TO an
insurance company contributing 20 both
the republican and democratic rumpaign
funds was eliminated, and also when
evidence us 10 corruption IN various
state departments within The last four
yeors was struck out II was also held
that there was no evidence Of corfup.
tion or imprOprlcty ON Barnes purt in
the primaries fight, in connection with
the franchise tax or other incidents of
New York =. political history cited by
the colonel
"Tbis libel paints Bnrncs ns po.
ltical Benedict Arnold traitor To- his
party" mld Attorney Wins in arguing
Barnes ease 'lt makes the plnintitt
dcbuscd, degraded and vicious char
acter outside the pale OF decent society
and Is executed with scientific nlcoty'
Justice Andrews ruled against Barnes
by refusing 10 put the marrow con
struction on "couuptiOp' which was
sought
~ DO not regard 10 as meaning that
Barnes and Murphy were yonaI or that
they obtained money said the court,
1T means unfaiihfulncss 10 duty The
article is libelous, az you say in chnrg
Ing Barnes with being q Benedict
Arnold and that In bis dealings with
Murphy he diregarded his duties us
head Of the republican party
The testimony regarding ibc scna
oia deadlock, campaign contributions
md printing contracts, Justice Andrcws
.1led, was in support " any proper in
ference Of an "allinnrc between
rocked business and politics. -
The court also denied O. motion 10
Eliminate testimony os 10 the testimony
~ TO the primaries fight Counsel fof
5afncs maintained that Roosevelt and
hot Barnes was dominant in The rcpub
lean party ~ that time. Justice
ndrews said there was no proof VI O.
corrupt agreement between republicans
md democrats or even Of corrupt
lgreemcnt between republicans and
iemocrnts 0r even improperly in the
primary fight
"Thefe ~ no evidence Of improperly
IN Barnes part 10 either the franchise
AK, the primaries the Hughes gubner.