Omaha daily bee., 1915-05-01
7. R. LOSES FIGHT
FOR VICE EVIDENCE
Court Refuses to Place Before Jury
Testimony Regarding Condi-
tons at Albany.
COLONEL IS THROUGH TALKING

SYRACUSE, N. Y. April SO.-
Theodore Roosevelt was excused
from witness stand yesterday in the
$4,000 suit for alleged libel which
william Barnes has brought against
him, after he had told his own story
OF how he ended the panic Of 1907
and had identified a letter in which
Charles S. whitman, now governor
and then district attorney of New
York. wrote that he thought the time
was ripe to rid the state Of the kind
of party control which was mainly
responsible for corrupt conditions.
In the letter the governor declared
that the men and policies responsible
for such corruption were not con-
fined to any one party. but the col
onel said he believed Mr.. Barnes was
referred to.
Loeb on stand.
William Loeb. jr., once the coloners
Lrivate secretary in the White House and
later collector of the port Of New York,
also was a witness He swore that Will
lam Barnes had told him that he had an
agreement with Charles r. Murphy OF
Tammany hall not to interfere in the Sc
lection OF United States senator. That
was in 1911, prior to the time James A.
OGorman was chosen.
While Mr., Loeb was on the stand coun-
sci for the colonel made futile attempt
TO get before the jury testimony regarding
vice and gambling in Albany.
he f0sd hnx
Henry c. Prick and former Judge r. II.
Gary, representing the United States Steel
corporation, had come to him in the
White House and told him that IL the J.
p Morgan interests could take over the
Tennessee Coal and Iron company before
the exchange opened the stock, much of
which was held as collateral. would i'm
mediately become enhanced in value and
the business of the country, which was
trembling on hair" would not be sus-
pended.
The colonel told how he took action in
the matter and then notified the news
papers of what had been done. He said.
with some display OF pride, the panic
vas stopped.
Explains Appointments.
During the day Colonel Roosevelt swora
that he had not heard the names OF many
Of the men who were said to have con-
tributed large sums to his campaign fund
in 1904 until they were read in court dur
ing croSs-examination by William NJ
WINS. He also made explanatory state
ments about his appointment OF judges
and his relations with former United
States Senator Thomas C. Platt 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 answered. mot the
slightest particle"
Council for the plaintiff and defendant
fought over virtually every piece Of Inn
portant evidence presented today. Mr.
Barnes spent the greater part Of the day
in taking notes on pad OF paper. After
the colonel was excused from the stand
he read a magazine for a while, but when
Mr.. Loeb and George b. Agnew, former
state senator, were on the stand the. de-
PENDANT paid close attention to every
thing they said. Mr., Agnaw gave testi-
mony concerning voting in the senate on
race track legislation and the manner IN
which he said Senator Grattan defeated
the racing bill after he had been advised
by Mr. Barnes how to cast his deciding
= vote &
Justice Andrews, IN a statement made
TO counsel during arguments and while
the jury was out OF the ROOM asserted
that no evidence had been produced con-
Meeting Mr.. Barnes with any Corrupt
connivance," insofar 'as the municipal
government Of Albany was concerned.
Then he added.
Where the libel charges a man with
being a thief 1t is not enough 70 say
simply that the charge is true, but 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
constitute justification they have got to
be set forth. so that IL 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. and / am in
clined to think you have done it with
respect to the printing charges"
William M. WINS chief counsel for
William Barnes said late tonight he had
telegraphed to Governor Whitman ask
ing him to appear as witness in re-
buttal and testify regarding the authenti-
city OF the letter read today, ana other
matters. Counsel for Colonel Roosevelt
said they had submitted the letter to per-
sons who were familiar with the gov
ernor's signature who had declared it TO
be his