The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-05-11
ROOSEVELT WINS


lContinued from First Page.}
Roosevelt had rested his case.
Promptly after John NJ. Bowers in
formed the court that the defense
had no more witnesses to call or evil
dence to INTRODUCES, Henry Violin, OF
Mr.. Barnas' counsel. reviewed testi-
mony put in by the coloners witness
90 on the political side of the colonePs
case. He argued at the outset that
no proper defense had been shown in
justification OF Colonel Roosevelts
charge that Mr.. Barnes was an in
fiuence for corrupt government. He
took up his points one by one and
Justice Andrews ruled upon them one
by one.
First. Mr.. wolfr asked the cosrt to
strike out the testimony of ex-Sena-
tor George b. Agnew that Mr.. Barnes
had forced Senator Grattan. of Albany
County. to charge his vote on the
Agnew-Haxt racing bill. thereby
the defeat OF the bill. Mr.. wolff con-
tended that there was no evidence
to prove that Senator Grattan HAD
acted against his own convictions and
that there was no evidence to show
corruption.
IT agree" said Justice Andrews,
that In Senator Agnew's testimony
there IL no charge of corruption, but
the testimony hears upon Mr. Barnes.
domination OF the party. It Ia COM
petent for the purpose. override
the motion"
Strikes Out ESidence.
Second" said Mr.. Wolf, II move
to strike out the testimony OF Mr..
Agnsw an regards the election OF
lothian p. Aids, as president pro tenn
of the Senate, by means of the BIZ
partisan alliance There is no evil
dence to show Mr.. Barnes was aware
of any such combination, or had any
thing to do with Mr.. Aids election.
The evidence may so out" ruled
the court.
Third" resumed Wolff. ct move
to strike out the testimony of Jacob
J. Dickinson. that Mr.. Barnes admitted
having ordered Senator Grattan to
vote against the race track anti
gambling BILL"
81 deny that motion" said the court
Fourth" continued Mr.. Wolff. 7
move to strike out the testimony of
Harvey d. Human as regards the
contest for Uunitsd States Senator in
1911. There Ia no evidence that Mr..
Barnes assisted the Democrats to elect
their Official candidate. Az cor
oliary OF this proposition, I move TO
exclude the testimony OF Frederick
NJ. Davenport that Mr.. Barnes re-
| fused to assist in the election OF an
| independent Democrat because of an
| arrangement with Mr.. Murphy by
| which the Republican organization
| was not TO interfere with the election
of william r. Sheehan. There is no
evidence that corruption existed. or
| that improper influence was shown.
fy dAnv sha - eA4A vuatfrM A~
drewa sit has been testified that an
arrangement existed between the head
of the Republican party and the head
of the Democratic party that the Re-
publican party wass not to interfere
with the election of Mr. Eheehan. / do
| not say that the arrangement was nee
essarily corrupt. but / take the. view
that II was improper. do not con-
| ine the meaning OF the word corrupt TO
pecuniary gain
WINS ON Firing lane.
| Mr. WINS sprane to the firing line in
this crisis and insisted that II had not
| been shown that the testimony de-
ciared admissible was true or repre-
scented actual facts. Justice Andrews
replied;
For the purposes of this argument
the testimony must be regarded as
truthful
1 DuL, pFpIeEtEU lNtH&. 10 you
mean to say that q mere act which may
be improper from standpoints is cor
ruptr'
/ II do not have to define the word
corruption, or any other word" said
Justice Andrews. and / do not intend
| to do So"
/ In his nfth motion Mr.. wolfY asked
| the court TO eliminate testimony that
| the Human Green direct primaries bill
which was disagreeahle to the party
organisations, was killed by means OF
a bipartisan alliance, and that the
Meade Phillips and Cobbs bills. which
were not dangerous to the organize
tions, were passed by means of a BIZ
partisan alliance. Mr.. Wolff asked the
court to disregard the testimony OF
Harvey ID. Human. Frederick NJ. Dav-
| export, Josiah T. Newcomb and Henry
/ NJ. Mcmillan as TO the dictation of Mr.
Barnes and the late Senator Thomas r,
Grady In forcing the will of the ma
chimes upon state senators. Mr.. Wolf
repeated his contention that Mr.. Barnes
1 been shown, and that no corruption had
! been proved in connection with the BIZ
| partisan charge.
wins -Four ONT Of Five.
4 IT feel that can deny the motion,
ruled Justice Andrews
Colonel Roosevelt had won four
| points out of Ave relating to the po-
Ilitical side of his case. Tomorrow
| NOR ninr IT will be determined whether
or not Justice Andrews believes tina,
1 sufficient evidence. direct or circum.
stantial. has been produced to show thai
| Mr.. Barnes used his political influences
to benefit financially from fraudulen,
1 printing contracts.