New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-01

argued against the introduction OF tne
printing evidence, lis the true mean
/ ing Of the libel. Il has already been
/ construed by the defendant. his counsel
and by the court. All agree with the
Wow we now urge. When Mr.. Bowers
made his motion to dismiss the COM
| plant he said there is not even q
charge that Mr.. Murphy participated
| in or profted in any way out OF rotten
politics government, and there Is not
| the slightest suggestion that Mr..
/ Barnes had any part therein"
Mr.. Adams read the record of the
! Colonel's testimony, in which, when he
| was asked Did you intend in your
! article to make any charge against Mr..
/ Barnes" he replied: mo. | simply
meant that rotten politics was typifed
by Mr.. Murphy and Mr.. Barnes
As the court had ruled out all refer
ence to moral conditions in Albany.
Mr.. Adams argued that he should do
the same with the printing matter.
"The difficulty with it ALL" said Jus
! tice Andrews, after he had heard both
4 sides, ais that you both take a too
technical view of it. | know many
courts, even the higher courts, where
such a view has been taken, but u v.r
have they gone as far as you do on
] your various sides. / think the evil
dence should be allowed"
Journal without a Job Plant.
The jury came back, and John NJ.
Bowers, chief counsel for the Colcnel,
started to open up on the printing sit
uation. Mr.. Dolan, who carefully
weighed every word, said the Argus
/ Company had had contracts for legis-
! lative printing since 1889. In recent
years there had been division OF the
business. Other establishments that IN
/ the last fifteen years had been doing
more or less of the state printing were
the J. B. Lyon Company and the Bran
dow Company.
Bringing up the Journal Company,
the Barnes corporation. which has mad
contracts for public work, Mr.. Bowers
asked: "DiC you ever know that The
Journal had a job plant"
81 never did," Dolan answered.
When the Journal Company turned
the work over to the Argus Company
| it was done through John Lindsay, the
manager of the latter concern, he wit
ness testified.
Mr.. Dolan said he had known the
plaintiff since he was a young man, but
/ never did any business with him.
Witness said his company had the
| contract for the legislative printing IN
/ 1903 and 1918. The work was of such
nature that they could keep the type
standing and sometimes the compost
ton was used six or eight times.
"Do you bid the actual cost OF every
| ITEM" Mr.. Bowers asked.
"Must | answer that?" asked Mr.
| Dolan. turning to the judge. at is not
/ fair 10 ask me TO reveal our secrets.
! There are lots of printers around here.
! | bid sometimes to win and sometimes
TO lose. I have bid one cent for COM
position that would cost me so cents.
"Its question of unbalanced
| bids"
/ yes"
Mr.. Wins objected and forced the
| line Of testimony to stop by saying
there was a statute somewhere that
prohibited unbalanced bidding.
Paid Journal Company Commissions.
His concern had the contract for
printing the minutes Of the Common
Council of Albany in the years 1909
II, the witness said, and reprinted re-
ports Of departments that were a part
/ of the minutes and kept the type
| for it. Orders for this extra work
were not given to the Argus Company,
| but went to it through the Journal
| Company.
Mr.. Dolan said he solicited this bust
! ness by offering to give the Jour- oil
I Company Is per cent OF what they got
out Of their contract for printing the
minutes and from 20 to % per cent on
/ all extra reports printed through or
ders to the Journal Company. After
! 1911 the extra reports were included
Co he In
utes.
"That was after the Bayne investi-
! CATION" Mr.. Dolan explained, with a
grin.
"Do you know now much the Jour
nal Company gets for these reports,
which bear the imprint of that con-
Germ ?" Mr.. Bowers asked. and when
| Mr.. Dolan answered mo" the lawyer
shot back:
"You say you gave them a commits
sion. How did you know how much
you were to get out of il IL they billed
it and you did not know what their bill
was? ?"
It looked as If counsel had the wit
ness stumped, but he came back with
an explanation that it was done in the
form Of a discount, and that they had
| business relations all the time by
which they were constantly striking
balances between the credits Of the
two concerns.
Just before court closed Mr.. Bowers
put in evidence a check for S603.56
which was made out to Mr.. Dolan by
Edward Murphy for the Argus Com
pany. 1t was indorsed: "Pay Journal
Company. NJ. V. Dolan."
Direct Primary Combination.
Ex-senator Frederick NJ. Davenport
Progressive nominee for Governor in
1912, was asked to tell about the way
the combination of Republicans and
Democrats killed the Human Greene
direct primary bill, which Governor
Hughes wanted in 1910, and passed
the Mead Phillips bill against his
wishes and which he vetoed. The de-
fence has set up that this bill was
passed by combination of Repub-
licans and Democrats under the lead
ership of Mr.. Barnes and Senator
Grady. Mr.. Davenport was a member
Of the Senate at the time, and on the
day the bill was passed, he said, he saw
MIR. Barnes with several machine Re-
publicans in the Senate clerks room
Senator Grady had his men in the
Judiciary Committee room. A recess
had been declared.
Speaking of the special session OF
the Legislature in June, called TO try
TO put through the Cobb direct primary
bill, which was a compromise, the wit
ness said that the next day after the
night there was debate over adjourn
ment sine die he saw Mr.. Barnes lean
ing against the wall in the lobby where
/ l. hot i'm.