South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-04-22

Controller Travis had refused
TO send the records TO Syracuse
when he was subpenaed, holding
that original records could not
be removed from his custody.
This position was sustained by
the state attorney general but
Justice Andrews ordered the pro-
duction of the records.
COURTHOUSE. SYRACUSE. y. Y.
April 22.-Ex-Pres't Theodore Roose-
welt was subjected TO a grilling cross
examination today in the $4,000 suit
for libel brought against him 10y VIII
liam Barnes. the Albany republican
leader AS soon as Col Roosevelt
had finished his direct testimony ho
was taken in hand by William n
WINS. chief counsel for Barnes. The
chief gunner OF the plaintiff in the
suit fired shell after shell at the de-
fendant.
Atty Wins set the first fire TO
show that Col. Roosevelt had been a
tax dodger and that he was an un-
constitutional candidate when he was
elected governor OF New York state.
In reply TO the vOlley OF questions
fired at him, Col Roosevelt said THAI
he lived in New York when he WAS "a
police commissioner, but afterwards
he had lived on his Montana ranch
He admitted he could not remember
having paid taxes in New hOrk city.
Mr.. WINS then produced an afi-
davit by Col. Roosevelt and his COM
mission as lieutenant colonel signed
by him in 1898, in which he said ne
was a resident Of Washington.
Roosevelt Not Disconnected.
The object Of Mr.. WINS questioning
WAS TO show that by his own admis-
sion, Mr.. Roosevelt was not qualified
TO run for governor. The constitu-
ton provides that a man must live
in the state five years before he can
run for governor or lieutenant gov
ernor Col. Roosevelt apparently was
not disconnected by Mr.. WINS quiz
but answered all questions readily
and smilingly.
The cross examination OF the
colonel by Mr.. Wins hinged on Justice
Andrews ruling upon the admissibility
Of the Balm report Of conditions in
Albany.
Asked just before court opened how
long he expected the trial 10 last. Mr.
Wins said: "Only God Almighty and
His lieutenant, Theodore Roosevelt.
know
II was 1890 before Justice An
drews was ready to take UP the case.
Mr. Van Benschoten for the defense.
formally offered the Balm report.
William WINS objected TO the ad-
mission Of any part Of the report
Justice Andrews announced the sec
tions Of the report that could so to
the jury.
Van Benschoten read to the jury
the sections allowed
Cross illumination Begins.
Roosevelt finished his examination
within three minutes after he took
the stand telling how he wrote the
statement on which the suit was
"A T~~fv. g. D.
then began his crOssl examination
Mr.. Roosevelt told OF being made
chairman OF a legislative committee
in 1882 TO investigate state depart
ments.
Did that investigation committee
investigate anything
yes, we started TO investigate the
public service commission but we
found nothing against anybody"
Mr.. Roosevelt then told OF his life
at various times on his Montana
ranch and about his two years as a
police commissioner in New York. He
paid taxes in oyster Bay. but could
not remember whether he paid taxes
in New York city.
He said he lived In New York while
police commissioner.
He said he lived ir washington in
1898 but still paid oyster Bay taxes
Are you prepared 20 swear ded-
nitely that you paid taxes in oyster
Bay in 1892" asked Alr Wins.
L am" was the answer.
The colonel idenuhed a tax notice
exhibited by WINS Mr. WINS read
10 the Jury an AFFIDAVIT made by
Roosevelt May I. 1897 in Washington
a.d sent 20 the New York tax COM
mtssioners. In the affidavit the col
Onel swOre he did not live in Sew
York city and owned no property
there and did not vote there
Mr.. Ivans then produced the con
OF New York state and Or
fered in evidence section .. article s.
In which it is provided that any msn
elible for governor and governor must
be citizens OF the T.. = and residents
in the state for i've years.
when did YOU become acquainted
with that provision demanded AR
WINS when / came back from the
spanish American war 1888 said the
colonel Alr. Ivans then introduced
the comm issiOn issued 20 Roosevelt
May l. 1895 making him a lieutenant
colonel On the L. :. Army The com
mission stated that Theodore Roose-
Welt was q resident OF Washington.
Court thsn recessed Tor luncheon.