The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-11
T,R,NEED NOT
PROVE BARNES
GOT M0NEYGAIN
Court Rules Political Cor
ruption Doesn't Always I'M
ply Pccuniary Profit.
DOOR OPENED WIDER
FOR ROOSEVELT CASE

SYRACUSE. May 10--Col. Theodore
Roosevelt triumphcd over William
Birnes this afternoon when Justice
Andrews ruled that corrupt political
leadership does not necessarily imply
pecun'ary gain.
Justice Andrews held, in substance,
that Col. IL, scvct had made "A prima
fac.e case in showing that Mr.. Barnes
dominated the state Republican or
ranization. that MIR. Barnes had an
improper arrangement with Charles
F Murphy; that Mr.. Barnes ordered
Senator Grattar to vote against the
Agnew- Hart racetrack anti-gambling
bill. and that direct primaries bills
were defeated or passed by means OF
bipartisan combinations.
The heart of the decision is that
Col. Roosevelt. in order to justify
partly his accusation that Mr.. Barnes
and Mr.. Murphy really form the all
powerful. invisible government which
IA responsible for the maladminis-
fratlon and corruption in the public
Offices OF the state" does not have to
prove that Mr.. Barnes had "A cash in
serest in politics.
The decision turns upon the mean
ing Of the word corruption" as app
piled to politics and political leader
ship.
shock TO harness Counsel.
Justice Andrew~'s conception was
turprise and a shock to the Barnes
counsel, who had hoped that the Colo
mel would be required TO prove that
corruption in political life meant graft
IN dollars anu cents, not merely the
existence OF an improper understand
ing between "A Leader OF the Repup-
dean party and a leader OF the Demo-
cratic party.
To the Roosevelt 'ouuscl the decision
was the most important and pleasing
event of the trial. 1t tends to simplify
their defence. II md Gates that the JuF
will have the opportunity of celebrating
Uuon whether o. yoJ "A cause o. act %
~ ted and no. merely upon wh-theg or
n, Col kooscN II htu SHOWN mitigation
the alleged lb,i 1T let's into tie
idence matter t,uuinI to snow just IL
lion in part.
Justice Andrews made his ruling n
ne late afternoon after Col. kuostN"lt
rested his case. Promptly aI.Cr
AN VI. Bow informed the court tn 4
dcfenc. lad nu more witnesses to
% III ~
Nuh. ~ ~ n..rncSs counsel reviewed
-. tes M. .. put IN 10y tine tolUue.
" nests GA the political side oi tnc
case.
lie argued AT the outset that no
Proper ue,cnCe had been shown In Jusu-
ication eel COT. Roosevelt charge that
AI. Rirues was an influence Tor cor
Iupt toNrrument. lie took up his polr Is
One o., one and Justice And cws ruiei
L,Vu them one 10y one.
The First Victory.
ri-s, Mr.. Wol~ asked the court to
strike ont the testimony OF ex-senator
George B Agnew that Mr.. Barnes had
forced senator Grattan OF Albany
county 10 change his vote on the Aguew-
Hart ragng bill. t. ereJy causing the
oeieat OF "a. bill Mr Wolf contended
that senator Grattan had acted against
h. own convictions and that there was
no evidence TO show corruption.
"l aglee,' said Justice Andrews, that
In senator Agncw's testimony there is
no Charge of corruption, but the test!-
mOuy bears upon Mr.. Barnes's DONNA
tou pf the party. II Is competent for
tie purpose ! override the motion"
second said Mr.. Wolff, II move 10
ttlSc out the testimony of Mr.. Agnew
as 'ogards the election Of lothian -
Aids as president pro TEN. of the Senate
b means Of IA bipartisan alliance.
There IS 10 evidence to show that Mr.,
Barnes was aware of any such combina-
ton or had anything to do with Mr.,
A!llss election"
Tie evidence may go out" ruled the
court
"TnI.d." resumed Mr. Wolf. II move
to strike out the testimony of Jacob J.
iyE,nsnu that Mr.. Barnes admitted
ItN.us ordered senator Grattau to vote
against the racetrack ant-gambing
bill"
~ deny that notion" said the court,
'Fuur'h,' continued Mr. Wolff, II
no'c 10 strike out the testimony OF
haNoy H. Human as regards the con-
ltsl for United States Senator in 1911.
eIr Is no evidence that Mr.. Barnes
tS'.sird the Democrats 20 elect their
thnHl candidate. As a corolliry Of this
proposition | move 10 exclude the testi-
nD0' of Frederick VI. Davenport that
~ Barnes refused to assist In the cleo
t'h ~ an Independent Democrat be-
cause ~ an ARRANGEMENT with Mr. Muir
Ihy o} which the Republican OrganiZa-
t'4 "as not 10 interfere with the cleo
uoh ". William +. Sheehan. There Is no
eFla'n'" that corruption existed or that
Hhif'p"r influence WAS shown.
Corruption ana Gain.
V deny The notion" said Justice An
"", 1t had been testified that an
Ifhg"uent existed between the he al
me Republican party and the head Of
ne democratic party that the Republi-
'iN par was not 10 interefete with the
''e''"n Of Shcehan. ! do not say that
we arrangement was necessarily cor
I1p' hut | take the view that II was i'm
Ipptr do not COniine the meaning
" W" word corrupt to pccuniary gain"
MT WINS sprang to the firing line in
,'S 'r'sis and insisted that IL had not
oeeh shown that the testimony declared
a"Nl'sslhle was true or represented ac-
wa, facts. Justice Andrews replied:
rol the purpose of argument the
iul"