The Sentinel=record., 1915-04-20
ROOSEVELT MOTION TO DISMISS BECAUSE NO PERSONAL IN
 SlNUATlON, IS LOST.
WAS ND PERSONAL MALICE
Jury to Hear Famous Libel Suit is Composed of Seven Republicans, Three Progressives, and Two Demo- crats-RooseveIt is Serenaded.

Syracuse N Y. April 19.-The jury which will try William Barnes suit for alleged libel against Theodore Roosevelt was completed in the su. preme court here late today, It is composed of seven republicans, three progressives and two democrats. Twentytwo talesmen were examined before both sides announced that they were satisfied with the 12 men in the box.
 Immediately after the jury had been completed counsel for Colonel Roose- welt made motion to dismiss the complaint against their client upon the ground that such allegations as he made in the statement upon which the suit is based were privileged. and that in naming Mir Barnes and Chas. F Murphy of Tammany Hal, as the controllers of "rotton government in the state of New York. he did not mean anything personal or to imply that either of the two men named had in any way profi,ed by the alleged 'rottenness'
 'lf Colonel Roosevelt had simply attacked the republican or the demo- l cratic party, no one would nave ques- toned him. it was argued. The names that he used just happened to fit the purpose which moved him, and many of the defendants remarks were based upon knowledge which came to him when he was governor oi New York He wanted the people of New York to know just what the situation was.
 Had other men been holding the positions Mr Barnes and Mr Murphy were holding, Colonel Roo eyelt could have named the others instead of them. It was necessary for Colo. mel Roosevelt 10 name them as he did because he believed they formed what is known as the invisible government of the state of New York.
 There was no personal malice"
 The motion was denied by Justice William $ Andrews, presiding
 Actual taking of testimony will be- gin tomorrow upon the conclusion of the opening address of William M Twins, chief of Mir Barnes legal staff. The first witnesses will be newspaper men, to whom Colonel Roosevelt is- sued the offending statement. Other new paper reporters who have inter- viewed Colonel Roosevelt during the last five years also will be called, and photographs of nearly hundred newspapers from various sections of the United States in which alleged libelous statements claimed to have been made by Colonel Roosevelt ap- peared will be presented in evidence, it was said, This testimony will be offered in an effort to prove publica- tion of statements issued verbally and in writing by Colonel Roosevelt.
 Counsel for Mr Barnes said tonight that they would make an effort to show that Colonel Roosevelt began to make statements which they consider libelous during the Syracuse conyen- ton Of 1910, when he defeated James S Sherman former vice president of the United States, as candidate for chairman
 Although there was room in the court for less than fifty spectators, great crowd of curious men and wo- men stood in the corridors and out side the building all day Fifty police men preserved order
 If Colonel Roosevelt saw his oppon- ent at any time during the proceed ings today he showed no signs of hay ing done so. While his attorney was arguing upon the motion to dismiss the complaint le leaned far forward
 in his chair so as not to miss word.
 MT Barnes also ignored his oppon- ent when he first entered the court room Later, however, he swung around in his chair and watched the colonel for several minutes Mir. Barnes listened intently to the ques- tions asked the first two juror. and then occupied himself by making notes.
 The Roosevelt attorneys gave out the following statement:
 "The motion to dismiss was merely intended to be the usual one in the conduct of such a case and in no way implied any change in the position of