The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-05-09
COMMISSIONS FIGURE
IN THE BARNES CASE
Court Holds That Roosevelt Must
Prove That Boss Grated Through
Printing Contracts.
DEFENSE NEARs ITS CLOSE.
All Evidence VIII Have Been Placed
Before Jury BY Noon on Monday
In Celebrated Case.
DEFENSE NEARs ITS CLOSE


Syracuse " Y, May s.---Justice
w. $. Andrews notified Colonel Roose-
fxait,s lawyers yesterday exactly what
they must prove to back up the colo
ners charge that Mr.. Barnes was cor
ruptly interested in wasteful ana ex-
travagant public printing differences
and insinuations won't do.
II the printing evidence which is
mostly relied upon by Colonel Roose-
Welt to escape transferring any cash
from his bank account to Mr. Barnes
Is to bertained In the record and en-
phasized in the minds Of tine jurors,
John NJ. Bowers and his associates
must bring out definitely these facts,
That wasteful and extravagant
printing was done by companies In
which Mr.. Barnes, was publicly or
privately interested. and that these
companies fraudulently overcharged
the State. and the county and city of
Albany; that Mr.. Barnes was aware
of the waste, the extravaganza and
fraud. and that he profited personally
from the practices of the companies
In securing contracts and assigning
them back and forth.
That corrupt and dishonorabie
situation in public printing was
brought about by Mr. barnes politi-
cal influence working upon the Legis-
lature. and upon public officials.
Wish to Eliminate Evidence.
The notification or ruling was made
this afternoon as the Roosevelt coun-
sci approached the completion of their
case. Their evidence will be all in
by next Monday at naun, they In
formed the court and then will come
Mr.. Bowers argument that the re-
auirements of proof demanded have
been met. and Mr.. WINS counter ar
gument that they have not been met,
and that the printing evidence should
be eliminated
Meanwhile. the Jurors have been
getting the benefit of whatever Mr.
Bowers has been able to boil out in
the way OF circumstantiai proof or in
the way OF differences and suggestions
that Mr.. Barnes was getting well paid
by printing companies for his poll
teal intercessions on their behalf.
WINS al the Bat.
Mr.. WINS argued holly against the
tentative admission OF testimony pre-
Judicial to Mr.. Barnes. testimony
(Which may have TO be stricken from
the record. bat which. as he contend
ed, would produce an indelible i'm
preston upon the minds of the Jurors.
Justice Andrews reminded Mr.. WINS
that IL the court finally decided to
rule out such evidence the court
would instruct the Jury to disregard
what they had heard, and that he had
not the least fear that the jury would
disebey his instructions
A very marked indication of the
interest the jury is taking in this
tangled printing evidences was afforded
late this afternoon, when Juror Zuill,
after hearing Mr.. Bowers. read a long
list of payments. totaIing $37,32S.64,
which had been made by the J. B.
Lyon Company to Mr.. Barnes Jour-
nal Company from February 1S,1903.
to March S, 1s13. asked this ques-
ton:
May the jury now have an expla-
nation OF these entries?"
Yes" replied Justice Andrews. .as
] understand 1t, these are entries of
payment made by the J. b. Lyon Com
years from 1903 to 1917"
Are these supposed to be commits
sions?" Mr.. Zuill asked quickly
Mr.. WINS and mis- associates at the
Barnes counsel table looked startled
for a moment.
Never mind what they are sup
posed to be-" Justice Andis ws replied.
That will have to come out In the
evidence, IL II come out at ALL
Commissions or Discounts.
1t was, after all, the big point of
the whole array Of the printing testi-
mony that the Roosevelt lawyers are
producing--did the j. r. Lyon Com
pany and the Argus Company give
legitimate business discounts to the
Journal Company for doing legitimate
work for the Journal Company. or
did they pay commissions to Mr..
Barnes because his political pull got
for them7 A concrete ex-
ample OF the latter theory will be en-
phasized by the Roosevelt side In
dwelling upon the State printing con-
tracts obtained by John A. Mccarthy,
In 1898. and. 1900. and which were
assigned by tbeMcCnrthy
Company to the J. B. Lyon Company.
The Roosevelt counsel will try to
prove that the sec. 1000 salary payment
made by James b. Lyon 10 William
in those two years was MOTH
ing more than a reward to Mr..
for the political influence that
got valuable work switched from Me-
earthly to Lyon.
or course, the Roosevelt defense
does NOT have ~ rely absolutely on
the printing evidence. but It's inr-
porfance is, II Is their best bit Of Jus
tification evidence. and II Ii only by
tusti fication, OF the alleged libel that
the colonel can get verdict