Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1915-04-20
Roosevelt Goes to Trial in
New York Courtroom
for "Campaign Talk"
BARNES rs PLAINTIFF
Attorneys for Defendant
Argue That the Colonel
Bears no Malice. -

CYRACuSE, April 19-Thc jury
~ which will try Williams Barnes
suit for alleged libel against Theodore
Roosevelt was completed m the SUI
prome court ncre late today II Is
composed Of seven Republicans, three
Progressives and two Democrats
Twenty-Five talesmen were examined
before both sides announced that they
were satisfied with the II men in the
box.
Immediately after the jury had been
completed counsel for Colonel RoOse-
welt made a motion to dismiss the
complaint against their client upon
the ground that such allegations as
he made in the statement upon which
tho suit is based were privileged and
that in naming Mr.. Barnes and
Charles f. Murphy Of Tammany Hall
as the controllers CC rotten govern
ment' in the state Of New York, he
did not mean anything personal or to
imply that either of the two men
named had in any way profited by the
alleged "rottanness"
"If Colonel Roosevelt had 81 lply
attacked the Republican or the Dem
ocratic party, no one would have ques-
toned him" it was argued. The
names that ne used just happened to
lit the purpose which moved him and
many Of the defendants remarks were
based upon knowledge which came TO
him when he was governor Of New
York lie wanted the people Of New
Ycrk to know just what the situation
was.
"NO Personal Malice"
Had other men been holding the
positions Mr.. Barnes and Mr.. Murphy
were holding, Colonel Roosevelt could
have named the others instead Of
them. 1t was necessary for Colonel
Roosevelt to name them as he did be-
cause he believed they formed what is
known as the invisible government of
the state of New York.
"There was no personal malice
The motion was denied by Justice
William S. Andrews, presiding,
Actual taking of testimony Will be-
gin tomorrow upon the conclusion Of
the opening address of William NJ.
WINS, chief Of Mr. Barnes, legal staff.
The first witnesses will be newspaper
men. to whom Colonel Roosevelt is
sued the offending statement other
newspaper reporters who have Inter
viewed Colonel Roosevelt during the
| last five years also will be called and
photographs Of nearly "a hundred
newspapers from various sections Of
the United States in which alleged
libelOus statements claimed TO have
been made by Colonel Roosevelt ap-
peared, will be presented In evidence,
1t was said This testimony will be
offered I'm an effort to prove publica-
ton Of statements issued verbally and
in writing by Colonel, Roosevelt
Counsel for Mr. Barnes said to-
night that they would make an ef-
fort TO show that Colonel Roosevelt
began to make statements which they
consider libelous during the Syracuse
convention of 1910. when he defeated
James S. sherman, former vice -presi-
dent of the United States as Candi-
date for chairman
\ Curious Crowd.
Although there was room I'm the
court for less than fifty spectators, a
great crowd OF curious men and wO-
men stood in the corridors ana outside
the building all day.
Fifty policemen preserved order
II Colonel Roosevelt saw his oppO-
nent at any time during the proceed
ings today he showed no signs Of hav-
ing done so.
while his attorney was arguing
upon the motion to dismiss the com
z y
chair so as not to miss "a word.
Mr. Barnes also ignored his oppO-
nent when he first entered the court
room Later. however, he swung
around in his chair and watched the
colonel for several minutes. Mr..
Barnes listened intently TO the ques-
tiOns asked the first two Jurors and
then occupied himself by making
notes
The Roosevelt attorneys gave out
the following statement.
"The motion to dismiss was merely
intended to be the usual one In the
conduct Of such a cJse and in no way
implied any change in the position Of
the defendant The defense Will pro-
ceed along its original lines
Justice Andrews warned the jury
against reading even headlines IN
newspapers during the trial and
against discussing the case with
friends
And. If any one approaches any OF
you gentlemen and endeayors tO draw
you into conversation about the case,
/ want you 10 report the matter to
me Immediately" Justice Andrews
said.
Late tonight 400 students Of Syra-
cuse university screnaded Colonel
Roosevelt