The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-05-20
Barnes Suit for $4,000 Dam
ages Against the Colonel
Goes to Jurymen With
Clean Cut Charge by Court.
WINS ENDS ARGUMENT
WITH BURNING ROAST
Real Jekyl-Hyde Personality
of This Nation, He Declares,
Is Theodore Roosevelt, Once
Our President.

by Evening Herald Leased Wirct
syracuse, y. Y, May 2O.-'rhe
legal issue between william
Barnes and Theodore Roosevelt
went TO the jury this afternoon
after Justice Andrews, presiding
in the supreme court here al the
trial Of the suit lot libel the for
mer chairman Of the Republican
state committee brought against
the former prcsident OF the Unit
ed states. had delivered his
charge. The case was given to
the Jury as 3.tl o'clock. At the
opening OF the afternoon session
Justice Andrews delivered his
charge To the jury. lie said In
pavt
TO publish falsely any article
that holds man up TO ridiculo
ana disgraCc and to iniure his
character is libel The intention
or object OF the libel must not
be taken into consideration.
'Bccause he Is Ia public life he
Is not an outlaw and he can be
libclled just the same rs any
other citizen. No question or
privilege enters into this case.
When charges are made
against man if they are true
that Is sufficient defense. Any
one hUa right To publish any
thing about any other man IL u
Is true. The whole law concern
ing libel is woven around the
question of whether the charge
made IL true or not"
Justice Andrews then explained IN
points of the libel law In detail 4
his connection he said.
THE burden Of proof is on the dc
Icndunt. lie must show by pre-
pundcrancc 81 truth that the charg
made is true. lie may Justify hi
charge In Who'll, Or Ia part"
In explaining the legal meaning a
punitive dnmares the court sal
damages may be- awardo
when malice and wanton disregard a
Ihe plaintiffs rights is shown sucI
Inmagos. hc added, are in tho nntur
Df "a fine 90 prevent the repetition .
he oncnse rather nan compensation
10 the plaintiff for damages sus
Iaincd, II any.
AS Tor the article complained oi
have held Il b. libelous per 80 i
Two regards. II charges oOrrup
political alliance between Sir. Barne
and Mr. Murphy ~ regard 10 th
i"Vcrnmcnt of tho state. Secondly
'harEcs ME- Barnes has worke
through a corrupt alliance bctwec
rocked business aud crooked pol
lies. Nothing elise In the article
ibeluus"
THE only question you have {
consider is Are the charges true?
Consider the first charge. I hay
said that the word corrupt does nc
necessarily mean illicit pecuninr
gain, It may mean tainted or por
.crted, or dishonest Il iH for you {
decide whether the charge rs iru'
Has the defendant proved hs truth
Take the election of Mr. Alldi
hc race track legislation. the admin
stTation of Governor Hughes MI
barnes had q right 90 oppose OF "a
or anything he wished.
You should consider however. th
testimony In regard 10 the senator's
situation of 1911. This qucstio
comes directly 60 you: Was there "a
between Mr. Barnes ana
AIR Murphy; II there was AN agree
mcnt ID appears on the face Of Il lhp
Il was "a wrong combination"
Justice Andrews tnen reviewed th
testimony about the alleged cOmhinu
tion ana continued.
"Conaidor now the record charg
There were Two classes OF ovidcno
offered in that connection. As "a
the evidence about the printing sitt
alton In Albany. you viii be false
(Contlnuod IA I'nGe Two.l