The Birmingham age-herald., 1915-04-21

matters at any time?"
 Mir. Twins objected to this question on the ground that it was irrelevant and incompetent. He was upheld.
 Did you discuss the proposed fran chise tax?" asked MT. Bowers.
 MT. Wins again objected.
 Justice Andrews said the defense hat a right to prove if possible that ther, existed between business and polite. . corrupt alliance, or that there wa! one between Mir Barnes and MT. Mur rhy.
 "If these things can be proved. said the court, overruling the objec- ton, they may establish Justification of this alleged libel''
 The witness then replied he die have conversations with Barnes about the franchise tax act.
 Was anyone else present at any ot these conversations between you and Mir. Barnes?'
 T do not remember that any other person was ever present"
 MT. Barnes, the colonel added, in dorsed MT. Platt's protest against the franchise tax bill.
 MT. Twins objected to nearly every question ana answer, but always was overruled. Colonel Roosevelt conc tiued:
 Business Interested
 "At one point in the conversations the question arose as to who was in- terested in the franchise tax bill. MT Barnes said there were large business interests which had contributed to both Tarties and were against the bill. In Albany, MT. Barnes said MT. Robert Pruyn and Anthony Brady, both inter- ested in rapid transit, were opposed to the. bill. MT Barnes said both of these men had contributed handsomely to both parties. I said MT. Pruyn was a republican. At that time, MT. Brady was a democrat and MT. Barnes said that made no difference.
 "Mr. Barnes told me the two men con tributed not as a matter of politics, but as matter of business. He also said he considered that it would be unfair to the widows and orphans hold ing stock in MT Brady's company to rass the bill. MT. Barnes used that expression about widows and orphans constantly. MT. Barnes also said MT. Brady had to protect his business ill., terests from political scoundrels and so he contributed heavily to both the democratic and republican parties.
 Later I expressed astonishment 70 Mr. Barnes that a special message had sent to the legislature had been torn up. In reply MT. Barnes said was foolish to believe that the legisla- ture would do anything on so import ant a matter until orders had been re- ceived from the organization"
 Colonel Roosevelt" said MT. Bowers, "did you tell MT. Barnes you intended to send a message to the legislature advocating the passage of the franchise tax pill?"
 q don't just remember replied the witness.
 After the bill was passed" the wit ness continued, MT. Barnes urged me to follow Senator Platt's advice and refuse to sign the franchise bill.
 Did MT. Barnes ever talk to you about reappointing Louis F. Payn as superin- tendent of insurance?" asked MT. Bowers.
 Yes replied the witness. T was con- templating the removal of MT. Payn and MT Barnes was opposed to that. He told me he was against MT. Payn. and said he had advised MT. Platt not to insist upon Mir. Payn. But he added that MT Platt was the head of the organization and should be backed up. MT. Barnes said that MT. Platts reasons for wanting Mir. Payn retained was that MT. Payn stood in the good graces of men who were high up in business affairs.
 Talked With Platt
 q had a talk with Senator Platt and he told me I would be beaten on con- firmation of any man I might decide or to take MT. Payn's place. I told that to MT. Barnes, and he said Senator Plati was right and that Payn must be re- appointed. Then I made an investiga- tion, and I found that what MT. Barnes and Senator Platt had said, apparently was true"
 At that point Mir. Roosevelt asked trI