Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-05-04
Colonel, Under New Ruling,
viii Be Permitted TO Testify
TO Facts Not Contained in
PIeadings,
PLAINTIFF is CALLED
AS DEFENSE WITNESS
Books of Journal Company
to Be Produced in Court
Upon Agreement of Counsel
for Both Sides.


tsr sosn,so JOURNAL SPECIAL LThsso wissi
Syracuse. n. Y, May 3.--rheodore
Roosevelt again will go upon the wit
ness stand in the supreme court mere
tomorrow and the prospects tonight
were that William Barnes viii either
precede or follow him. Plans TO this
end were made today by counsel for
the respective plaintiff and defendant
in Mr.. Barnes libel suit, after many
witnesses has testified for the de-
fense. IL was not considered likely
that either the former president or
the former chairman OF the republi-
can state committee would>testify for
any extended period.
Colonel Roosevelt under new rul-
ing of the court will be allowed TO tes-
tify in regard 10 the facts not set
forth in the pleadings In mitigation of
damages. And he may produce evil
dence designed to show that he held
no malice for Mr.. Barnes at the time
he delivered speeches in which the
plaintiff was named.
Barnes Called by Defense
AIR. Barnes was actually cailed as
a witness for the defense today after
Franklin Craley. secretary and treas
urer of the Albany Journal company,
had sworn that books of the corpor-
alton which he was asked about were
In the possession of the plaintiff, Mr..
Barnes was to testify In regard 10 how
much stock he owned IN the Journal
and possibly other things.
He was on his way to the witness chair
when Justice William $. Andrews,
suggested that It might be
~ sstr.f
the books In question which counsel
said were in local hotel. Attorneye
for both sides agreed to this, and Mr.
Barnes was instructed to bring tho
books to court with him IN the morn
ing.
More Letters Produced.
More letters that passed between
the late Thomas G. Platt, former Unit
ed States senator, on one hand, and
Barnes and Colonel Roose-
welt, on the other hand, also will be
produced IN court tomorrow.
The letters were brought in today
by Edward T. Platt. son of the for
mer senator
The testimony given today was of
many kinds There was evidence re-
garding printing in Albany. One wit
ness said the plant OF the Albany
Journal contained a job press. He adj
mitted. however, that 1t was operated
With a Single kicker" furnishing the
motive power. Another witness iden
Iifled books printed for the city Of
Albany bearing the line printed by
he journal company and admitted !
hat his company, the Argus cont |
Dany, had actually struck off the !
book The same witness told Of the |
Journal company being paid IS per
,ent commission upon orders by the |
Argus company.
Barnes Not Named.
None OF the witnesses testified that !
ie had ever had any business dealings
With Mr.. Barnes personally. or that |
Mr.. Barnes had ever solicited print
ng.
Walter T. Arndt, OF New York, u |
newspaper correspondent, swore that I
1r. Barnes had told him In 1911 he |
lad received a message from Charles
:. Murphy, Of Tammany Hall, that a |
Iirect primaries bill, then before the !
legislature, was likely TO pass unless I
ne republicans united with the demo-
rats. and that the Tammany leader |
lad asked the plaintiffs help. Mr. |
Barnes was quoted as saying that the |
democrats were in control at Albany, I
nd that Mr. Murphy could pull his
'wn chestnuts out of the fire"
Mr. Dolan resumed the stand upon |
he opening Of court and was ques-
toned by John NJ. Bowers, chief ooun-
ell for Colonel Roosevelt, upOn print
ny contracts awarded by the common
ouncil of Albany.
Printing business Exposed.
An item In the books of the Argus
showed that the Journal had
zen billed for the annual report OF
he board Of education.
Were you under an agreement
nth the Journal company to give Is
er cent for all orders received from
he common council?"
I'VE agreed to pay Is per cent If
,e could get the work OF printing
heir extras
Mr.. Bowers produced book mark
d printed by the Journal company
Who printed IT."
The Argus company" replied Mr..
)olan.
I'm 1909 and 1911. did you pay the
ournal company 10 per cent for all
ioneys YOU received from the city?n
Practice Ended in 1911.
Coming down to 1911, the year in
nlch the Bayne committee investi-
ated the printing business In Albany. Il
ne books of the company. according
, excerpts read from them by Mr.
overs. seemed to indicate that the
ractlce Of entering commissions
lven to the journal company was dis
ontinued
The word net began to appear
longslde entries for printing billed to
he Journal company. The witness
as asked so the time came when
Istead OF giving the Journal dis I
)unt you reduced your charges?"
II cannot recollect."
After Mr.. Platt had succeeded Mr.. f;
olan on the stand and the letters |
ere produced the court suggested ,
nd counsel agreed to go over the let
RS In private to expedite proceed
Igs.
Party Success Barnes Aim. I
T.