The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-05-21
BARNEs-ROOSEVELT


Justice Andrews, I'm the afternoon, had
reviewed the facts and recited the law
In a charge Il absolute clearness and
fncontestabie fairness.
The heart of the argument made by
Mr.. Wins was that Colonel Roosevelt
notorious for looseness OF tongue, had
come to consider himself above and be
yond the law and had deliberately,
malicious, and falsely held Mr.. Barnes
up to shame and disgrace because MIR.
Barnes had interferred with his
political ambitions. Mr.. WINS was very
careful, however, to insist that poll
ticai matters should have no bearing
on the suit, and that the jury must
regard Ii as an issue between man
and man.
Seldom Employed Invectiye.
Mr.. WINS spoke very quietly, very
deliberately. He seldom employed in
vective. He seldom addressed Colonel
Roosevelt directly. But his wit played
over the coloners career and over the
evidence like searchlight, revealing
every inconsistency, every humorous
contradiction. He ridiculed the con-
tention made by Mr.. Bowers that the
colonel must not be punished. but
must be saved to guide the nation. He
laughed at the mighty nimrod who
came roaring to the stand" He jeered
at Roosevelts relations with Plat He
asked the jurors IL they could imagine
George Washington or Abraham Lin
coin. to whom Colonel Roosevelt has
been compared by Mr.. Bowers, doing a
thing so unjust and malicious as the
attack on Mr.. Barnes. And with great
sublety keen logic and unfailing
memory. he sought to riddle the evil
r. Daa a.
justify Mr.. Earnes' public and private
acts.
He insisted that Colonel Roosevelt
had had but one idea, ito kill Barnes"
and that the one issue in the case was
the matter of veracity between the
two men. He insisted that Barnes had
every right to be believed. and that
Colonel Roosevelt ought not to expect
to be believed.
All Praise Charge.
The charge delivered by Justice
Andrews received instant praise from
practically every person who heard 1t.
1t cut through the tangled. confused
evidence. and found its way straight
to the essential points involved The
main point of the whole charge Is that
there is only one complete defense to
a suit for libel and that L. proof that
the ACCUSATIONS were true.
And the only matters susceptible OF
proof, in Justice Andrews opinion.
were that Mr.. Barnes had corrupt
agreement with Mr.. Murphy to bring
about the election of Democratic SEN
ator In 1911. and that Mr.. Barnes re-
ceived campaign contributions from
Democrats and Republicans, and agreed
to furnish protection to the private
business of the contributors.
Justice Andrews Charge.
Justice Andrews, in his charge to the
jury. said in part:
ITO publish falsely any charges
against any person. and so 20 expose
him to public shame and ridicuie Is
wrong, and to do such an act Is iihelous.
The most honest purpose is not an ex-
cuse for such an act.
Nor does 1t make any difference III
the person falsely accused is public
official or character. He is not an out
law for that reason. You may criti-
cize acts and policies, but II you state
the facts falsely. then you are liable
for damages.
The truth Is complete answer To
the complaint, but II Is the duty of the
defendant TO show they are true"
Justice Andrews said there were two
charges which the jury should consider.
Il have held that the frst charge you
should consider is that there was
corrupt political alliance between Mr..
Barnes and Mr.. Murphy in regard 10 the
government OF the state have held
that that was the meaning and the
purport of the article as whole
Il have held secondly that the article
is 1ibelous per Sc. because II also
charges that Mr.. Barnes has worked
through corrupt alliance between
crooked business and crooked politics.
You are TO fix your minds on these two
matters There is nothing else in the
article that is iiheious.'
The justice then reviewed the evil
dence offered by Colonel Roosevelt
on the two charges. Referring
to the Albany printing evidence. Justice
Andrews said he had held there was not
enough OF II to Justify the charge. He
added:
You may have that in your mind, |
but / say TO you that IT YOU consider !