The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-17
BARNES DETERMINED
TO HIT BACK AT 7. R.
Counsel Raking 1000, 900
Words Of Testimony for
Chance to Appeal.
WORK WILL COST $4,000

william Barnes is determined to get
. retrial OF his libel suit against Col.
Theodore Roosevelt. Mr.. Barnes does
no, intend to submit without further eff
Tor, 10 the verdict of the O~nondaga
county Jury which upheld Col. Roose-
colts accusation that Mr.. Barnes was
a corrupt politician.
william NJ. WINS and Henry II. Wolf.
Mr. harness counsel, are hard at work
rreparing appeal papers and going over
Inc immense record OF the case that
was tried at Syracuse In the Ave weeks
from April 10 to May %. Nearly L.
0Oo. GOO words of testimony and argu-
ment make up the record and the task Of
examining 1t for appeal purposes is an
enormous one.
IN MAY 90 Justice William s. An
drews. h presided at the libel suit In
syracuse. granted Mr.. Barnes's counsel
IsO DAYS in which to prepare their APP
neal. It is likely that the period granted
will hardly he enough and that Mr..
Wins will nov for ~ extension OF time.
The principals in the case have been
unwilling TO make m statement as to
their plans. but persons familiar with
Nr. Rarnes's determination are aware
tina, the Albany county leader. while dis
appointed and chagrined over the verdict
rendered in Syracuse. believes that an
entirely different judgment can be OBJ
tained upon a representation of the facts.
Very little hope OF a victory through
a jury's verdict Is entertained by Mr..
Barnes and his advisers, but they ar.
confident that the legal issues have nov
been so clearly defined that the next
fury will not he permitted to consider
justification evidence at all. but will be
restricted to a mere determination Of
mitigation evidence n the amount Of
damages. great or small, that Mr..
Barnes should receive.
Il is known that the appeal will be
based primarily upon the alleged error
committed by Justice Andrews In per-
hitting evidence tending TO show that
Mr. Barnes had knowledge OF and
profted from the operations Of the AL
bany printing ring to get before the
Jury. while the Justice eventually ruled
out all such evidence. nevertheless the
Jury heard most OF the statments tend
ing to connect Mr.. Barnes with the
printing business and were enabled TO
draw whatever conclusions that seemed
likely. Mr.. Barness counsel will con
tend that no WORD OF such evidence
should have been allowed to get before
the fury and that the mere direction
OF lne court tutN bWt jury iluSl "
gard the printing evidence wa not sufii-
Gent TO nullify the harmful effect upon
Mr.. Barnes's case.
Another important point OF appeal
will be that the testimony tending to
show that Mr.. Barnes worked In corrupt
alliance with Charles F.. Murphy to con-
troll the Senatorial election Of 1911 was
absolutely inadmissible as evidence In
justification Of the alleged libel and
should only have been received as evil
dence in mitigation, The same =
ren, will he made as regards evidence
taat Mr. Barnes protected or promised
protection to corporations that con-
tributed 10 campaign funds.
The cost Of the appeal will be very
heavy. II Is estimated h a at least
$4,000 will be required to get the case
into the hands Of the Appellate Divi-
sion.