Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-05-06
Former President Is Excused
from Witness Stand in Trial
of $4,000 Libel Suit at SYRIA
cuSe.
EVERY STEP CONTESTED
Counsel for Defendant and for
Plaintiff, William Barnes,
Fight Over Practically All
Important Pieces of Evidence
-Barnes.Murphy Agreement.

Syracuse, \. v, April a9-Theodore
Roosevelt was excused from the witness
stand to-day after he had told his own
story OF how he ended the panic of 1907
and had identified a letter about cor
rupt conditions in New York State which,
it was represented. was signed by Gov
ernor Charles s. Whitman when he was
district attorney of New York In this
letter 1t was said that the time was
ripe to rid the State Of that kind of
party control which was mainly respon-
sible for corruption. The allegation was
also made that the men and policies re-
sponsible for such conditions were not
confined to any one party. The name Of
William Barnes did not appear in the
eplstle, but Colonel Roosevelt testified he
believed the reference was to him
In the letter tho Governor declared
that the men and policies responsible
for such corruption were not confined
to any zone party, but the colonel sa id
he believed Mr.. Barnes was referred
to.
William Loeb. Jr. the coloners pri-
vate secretary in the White House
and later collector Of the port of New
York. WAS also a witness. He swore
that William Barnes had told him that
he had an agreement with Charles F.
Murphy of Tammany Hall not to in
terfere in the selection of United
states senator. That was in 1911.
prior to the time James A. O'Gorman
was chosen. 1t was while Mr.. Loeb
was on the stand that counsel for the
former President made futile at
tempt to get before the jury testimony
regarding vice and gambling in AL
bany.
THE PANIC OF 1901.
OF the panic OF 1897. the colonel told
how Henry G. Frick and Judge +. H.
Gary, representing the United States
Steel corporation. had come to him in
the White House and told him II the
j. +. Morgan interests could take over
the Tennessee Coal & Iron company be-
fore the exchange opened that morning
tho stock. much of which was held as
collateral, would Immediately become en-
HANGED in value and the business Of the
country which was trembling on a hair
would not be suspended. The colonel told
how he took action in the matter and
been done.
And he said, with some display of
pride. 1.-THE panic was stopped"
During the day Colonel Roosevelt swore
that he had not heard the names Of many
Of the men who We're said to have con-
tributed large sums to his campaign fund
in 1904 until they We're read In court dur
Ing cross-eXa mination by VIM NJ WINS.
The colonel also made explanatory state
ments about his appointment of judges
and his relations with former United
States Senator Thomas c. Plat, 'the
easy boss" and about speeches he made
In which the name OF Mr.. Barnes was
| mentioned Asked whether there was
any invisible government" while he was
governor or president, the colonel an
swered. Not the slightest particle
The counsel for the plaintiff and de-
PENDANT fought over practically every
| piece of important evidence adduced
day. Mr.. Barnes spent the greater
part OF the day in taking notes upon
pad of paper. After the colonel was
excused from the stand he read a
magazine for while but when Mr.
Loeb and George b. Agnew, former
!
defendant paid close attention to
everything they said, Mr.. Agnew
gave testimony concerning votirlg in
the Senate upon race track Legislation
and the manner in which he said Sen
ator Grattan defeated the bill after he
had been advised by Mr., Barnes how
to cast his deciding vote.
| Justice Andrews. in a statemen,
| made to counsel during arguments ant
1 while the jury was out of the room
asserted that no evidence had beer
produced connecting Mr., Barnes with
any corrupt connivance" insofar as
municipal government of Albany wa:
| concerned Then he added:
MUST SHOW FACTS.
| Where the libel charges a man with
being a thief, 1t is not enough to say
simply that the charge is true. hut one
must set up In the answer the facts from
which the inference Is made,
| Here the charge is that Mr.. Barnes
was corrupt In one way or another. You
are bound not simply to say that the
\ charges are true You are bound to set
forth the facts, which II true would con-
stitute justification; they have got to be
set forth that II the facts are true
they would show corruption
| That you have failed utterly to do
with respect to the Albany Lincoln
| League and gambling conditions, but
| am inclined to think YOU have done II
| with respect to the printing charges"
A letter nearly similar TO the one in.
PRODUCED as being Governor Whltman'f
was in controversy I'm New York prior
to the last election. There was some
doubt at that time whether the letter
had actually been written by the then
district attorney and he never ADMITTED
It, The letter produced to-day, however,
was actually signed tho attorneys said
by Mr., whitman. They added that they
had no reason to doubt that the sigma
ture was genuine, and, in fact. they said
the signature had never been questioned,
II was not questioned to-day by counsel
for Mr.. Barnes or the court Tho letter
WAS quite long. Only that part quoted.
however. was read to tho jury.
William NJ Twins, chief counsel for
william Barnes, said late tonight he
had tel.graphed to Governor Whitman
asking him to appear as witness In
~>S,ardina tLa