New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-20

libellous per Sc first. because Il charged
corrupt alliance between Mr.. Barnes
and Charles F. Murphy, the Demo
cratic boss" and, secondly. lecause il
charged that Mr.. Barnes had worked
through corrupt alliance between
crooked business and crooked politics
Also. he said the defence had set up
justification for these charges, which
made II necessary for the jury 20 pass
on the facts
No question Of privilege would be
submitted 20 the Jury, the Justice said
lie held that. notwithstanding tho fact
that Mr.. Barnes was A public officer
and a political campaign was pending.
the statements which tended TO injure
his reputation were libellous IL not
proved 10 be true.
Roosevelt Barnes's Game.
THE case Is not important in re
gard 20 rs pecunlary results 70 Mr..
Barnes" M Bowers said in opening
his address. The defendant was the
game that he wanted. and his only pur-
pose was 20 bring him down from the
high place he has occupied before the
PEOPLE Of the United States. Some de
cisious are Of the greatest significance.
When ! asked the other day why Mr..
Barnes did not bring suit on a certain
magazine article ! was not permitted
TO get an answer. But conclusions may
be drawn.
THE defendant hos been Governor
Of the state and President OF the
United States. lie was faithful and
efficient servant in every capacity"
Mr.. Bowers told the jury he was a
-,
Colonel Roosevelt, except through the
chance that he was running on the
ticket with President Mckinley in 1900.
"Wnv am ! here D" he asked. "lt ia
because | desire TO perform one act In
nv career a. the bar for the public
benefit
NO one questions the propriety OK
organization or Of individuals taking
mart in examination work" the lawyer
went or. "but there are limitations as
70 how far the machine should go. The
plaintiF did things over his own sig
nature which showed dominance
never held by a single man in the
party before"
Reading extracts from the magazine
article Of the defendant on the wicked
ness % wanton libel Of public men, Mr..
Bowers declared that a man who could
write that had a keen sense OF what
was proper along these lines.
we asked the court 10 hold that
this article was privileged" Mr.: Bow
ers said. He will not do so. Yet the
article was only q regular political
manifesto Of the kind you will see In
any political campaign. But certain
phrases were seized upon by the plain
tiF as a cause for action.
Pleads Truth of Statements.
Repeating to the jurors the points in
justification that Justice Andrews
would submit to them, counsel said:
"Our defence will be that the state
ments were true. that they were amply
justified. Il is wicked thing 10 libel
& man with statements that are not
true. but noble thing 20 let the peo-
ple Of the state know truths they ought
70 know. Our client issued q statement
asking the people 70 rid themselves OF
the dominance of Mr.. Barnes and Mr.
Murphy
Speaking Of the printing evidence
and the fact that it had been ruled out
in justification. Mr.. Bowers told the
Jurors they were entitled 20 consider
the story as he had ELECTED il from the
lips Of the plaintiff in determining the
question as 10 whether or not the pam
tiff had told them the truth. He out
lined the story OF the fight Of Mr.
Barnes for state printing contracts
in connection with his letter 10 Gov
ernor Roosevelt declaring state print
ing plant would embarrass him fnan-
cially. He read the testimony Of Nh.
Barnes as 70 the reasons he asked for
one-auarter Of the stock Of the J. B.
Lyon Company and how he happened
70 get il for nothing.
IN considering the testimony of the
defendant you must take into account
whether he is telling the truth or not"
continued Nr. Bowers. "ln Mr.
Barnes's denial of the conversations
with Nh Roosevelt you must take nos
tice of his manner The defendant
took the stand and barred his life. He
forbade nv Directing TO the plaintiff
putting in all his letters