Evening journal., 1915-05-11
eliminate MUCH
TESTIMONY FROM
THE BARNES SUIT
Court Rules Against Evi-
dence of "Rottenness" in
New York Departments
ROOSEVELT ALSO
Wins some POINTS
RY BONp ?. GEppEs.

United Press Stan Correspondent
SYRACUSE. n. Y. May 11.--Bi-
partisan political chieftains gathered
here today to aid William Barnes in
his libel suit against Colonel Roose-
velt Il was planned to launch tcs-
timony for Barnes, following lengthy
arguments to Justice Andrews on mo-
tion of the plaintiff to strike out tcs-
| timony the Roosevelt witnesses have
given in justification, or proof OF the
! libel.
Several such motions we're formal.
10 make a record" in case Of appeal.
Today's most determined fight came
upon a motion TO strike out the tcsti-
mony OF Barnes alleged participation
In, and because OF political donn-
nance. responsibility for. public print
ing graft. Barnes counsel contcndod
that no direct or circumstantial proof
of Barnes participation had been Of
fered.
Roosevclt's lawyers insisted that the
jury should determine from the evil
dence submitted whether Barnes in
tercst could be presumed.
Barnes had a dozen witnesses--Re-
publicans and Democrats-includin
legislative leaders and politicians OF
national repute. here ready to start
his assault upon Roosevelts case.
Among them were former Lieuten-
ant Governor William f. Sheehan.
candidate for United States Senator
IN 1911, and former Senators Eton
r. Brown of Watertown, and j. J..
Frawley Of New York. August Bel
mont was due TO arrive today.
When court convened the jury was
excused temporarily for the argu-
ments on motions and the technical
Interpretation to be given the libel
p article In seeking narrow con,
5 struction Barnes counsel contondet
r Roosevelt's proof largely comprised
q testimony Of mere improprieties a.
e most and NOT corruption.
'The libel points Mr.. Barnes as ;
+ political Benedict Arnold, traitor Il
: his party" said Attorney WINS.
Definition of the word "couup-
4 ton was disputed, Barnes counsel
: contending it meant pccuniary wrope
4 and moral turpitude. "a
"The article makes the plaintihD
debased, degraded and vicious char
acter, outside the pale of decent so.
ciety, executed with scientific nicely 4
said Barnes attorney.
: Justice Andrews ruled arains
! Barnes in refusing to give the narrow
construction of Corruption sought
by the plaintiff.
v 81 do not regard il to mean that Mr..
4 Barnes and Mr.. Murphy were venal--
: not meaning only that hey obtained
= money said the Judge.
s 1T means unfaithfulness to duty.
5 "The article was libellous as you
s say, in charging Mr. Barnes will
$ being a Benedict Arnold. that in deal
- ings with Mr.. Murphy he disre
r garded his duties as head OF the Re
v publican party"
r That Roosevelt instead of Barnes
g was the dominant Republican at N,
n time ana also when Governor Hughes
was nominated as shown by Roose
e velt's own testimony and letters wa
o asserted by Barnes counsel.
r Admitting there was no proof of ;
r corrupt agreement with the Demo
+ Gratis or even impropriety In the pri
$ mary fight, Justice Andrews denied
b the motion. saying the testimony Dor,
b upon the alleged latter agreement II
Continued on Page Thirteen.