New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-17
Neither Side VIII Rest
Content if Decision
Goes Against 1t.
NEW TRIAL SURE
If DISAGREEMENT
Roosevelt and Barnes Each
Wants a FINAL Settlement Of
Issue Between Them.

fr-.a,s STAR ,....r . '..' ef I-.. 0-h...
syracu.c s.. g., Nay rs. VIA, wi
the sequel bc. Now thar the end o.
che Harrc Roosevelt libel sli. trial is
.a sight, speculation has started not
only a. 60 "ha, tfe jury v.r DO, DO.
as 20 inc iIuc Of action that V'.I follow
Tomorrow morning the LAS. lap viii
be- started
Each s'io of coarse. declares % OK
Poc.f lie verdict Co. favor b.. The pre-
vai.i1c opiriou % those pho have been
connected with the case simply a. ob
servers seems TO favor q agreement.
This would satisfy neither William
Barnes. who seeks $4,000 damages for
alleged libel by the ex-Prcsidcnt ~ the
United States. nor Colonel Roosevelt.
who has earnestly sought go justify the
language he used 90 describing the po-
Aticsl activities OF the plaintiff.
verd. ct for either party IS likely
20 be followed by an appeal b. the
Loser. There seems 10 be not the
sightes. shadow Of a doubt that dis
agreem'r viii mean a new tral. Tho
best information is that both parties
wish a final and cicar-cut determine
ton Of the issue between them. 4 dis
agreement would put the case back ex
actly where Il was before a motion was
made to place It on the calendar for
trial. On motion Of either side the
court would be obliged to put II on
new trial calendar
In the Same County.
Unless one or the other should make
fight for another change OF venue. the
new trial would be held IN Onoadaga
County. il would be highly improbable
that in the order Of assignments o.
justices the second trial would come
before Justice Andrews. But IN any
case. following precedent. he probably
would decline TO sit again IN the same
case
Many questions have already been
settled in the four weeks the trial has
taken. and many points have been es-
taOllshed that in the future could be
made matters OF stipulation. SO an
. other trial could be put through m
much quicker time. Because Of the ire
mendous amount Of work involved and
the physical and mental exhaustion OF
all connected with the case, as we'll a.
the approach of the summer vacation
period, it is hardly likely that the suit
would go on the calendar again before
fall
Aside from the principle involved. /.
verdict means considerable in a finan-
cial way 10 the side that may obtain il.
/ II the jury should bring in a verdict
for the defendant. that would carry
with u what are known as court costs.
In other words, the justice would
assess on the plaintiff certain
amount Of the actual expenses which
have been incurred by Colonel Roose
welt. Such costs would not cover coun-
sci fee or many incidental expenses.
but would reimburse him for the
money paid out in getting witnessed
and certain testimony.
In order 20 get costs the plaintiff
/ must get verdict OF at least $50 No
nominal amount of damages. such as
one cent. would carry with ir any re-
endorsement for money expended in
conducting the case.
Trial Expenses Large.
Neither side has an accurate idea
vet of what its trial costs will be, but
the expenditures have been large. One
estimate is that $4,000 a week would
hardly cover the cost to either side.
Because Of the great bulk OF the
record. an appeal would be an eXpen-
sive undertaking. II - necessary m
presenting a case TO the Appellate Di-
vision TO print the entire record. and
as many Of the exhibits as the trial
justice may determine 20 be necessary.
But there seems 10 be little doubt m
the minds OF either plaintiff or de-
PENDANT that he will take 10 an upper
court any verdict that may be rem
fered against him. The greatest care
has been taken by each side during
the trial TO lay a basis for an appeal
in case they should need 20 take ad-
vantage Of u.