The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-22
Shall Mr.. WINS Have His Skull Cap?

Shall Mr.. Twins Have His Skull Cap?
When the Syracuse trial was young
this newspaper ventured the opinion
that In view Of the inestimable ser
vice which Mr.. WILLIAM BAlNEs rem
dered to Colonel ROOSEVELT BY bring.
ing against him the great libel and
publicity suit the eminent defendant
could well afford to pay without fur
ther litigation the insignificant $780,
600 Of damages demanded by his res
cuer, his preserver, his benefactor
from Albany. That was four weeks
ago this morning. The progress Of the
trial meanwhile and the long ex-
pected result recorded In somewhat
unexpected fashion yesterday only 60
to show how just was this suggestion,
how perceptive Of the true inwardness
Of the great case and how generous
to both Of the parties.
One Of the greatest deeds Of benef-
cent salvage that man can do for
his fellow man and declared enemy
IL that which WILLIAM BAlNEs Of Al.
bany has done for THEODORE RoosE-
WELT Of Everywhere: and not the less
conspicuous is the b%enefaction because
unintentional. Out Of the doldrums
into the favoring political trade wind;
out Of the arid sands into the lush
ness Of the oasis verdure; out Of the
gathering gloom Of oblivion into the
pleased eyes and more or less admir-
ing minds Of his hundred million fel-
low citizens-this is what Mr.. BARNES
has done for Colonel ROOSEVELT: not
for e5O,OOO but actually at his own
expense and without the slightest
Incidental reward in any form. direct
Of indirect, moral, political or pecuni-
airy.
At his own expense and at what
tremendous personal sacrifice besides {!
II the Colonel has been shown up on
the witness stand In some Of his most
engagingly neurotic aspects, his bene-
factor the plaintiff has been exhib-
tied In q far more unpleasant light.
Practically the failure Of the enlight-
ened jury to award even six cents OF
nominal damages to Mr.. BARNES has
stripped that gentleman OF the last
vestige Of Jekyll formerly enwrap-
ping his bossdom, and has left that
bossdom visibly Hyde Of the nakedest
variety. Under the restrictions and
limitations of the legal issue 80 clearly
drawn In Judge ANDREws's instruc-
tions to the jury every question was
excluded save two; namely, that of
the truth or falsity Of Colonel RoosE-
vELr's charge that a corrupt political
alliance had existed between Mr..
BARNEs and Mr.. MURPHY Of Tam
many Hall, and secondly, the ques-
tion Of the truth or falslty OF Colonel
R~OosEvELr's charge that Mr.. BARNEs
had worked In corrupt alliance be-
tween crooked business and crooked
politics.
These are the two questions that
went to the 1urymen. II either charge
had been to their minds libellOus there
must have been recovery by the plain
tia Of damages from the defendant.
Technically At least. the position Of
the jury WAS that both charges were
true and justified. This Is the sort OF
v%indicati0n Mr.. BARNES obtains after
more than a month In the cOurt room.
1t would be unfair to urn away from
the legal side Of the great Barnes. !
Roosevelt case without q word Of ad-
mirstiOn for the In which
Colonel RoosEvELT's college classmate,
Justice WILLIAM 8. ANDREWS. has
held w the scales OF justice: for
bis dignity and good bumor, his i'm.
Partially, his broad tolerance In mat. |
tiers non-essential and his swift strict
discipline when the real interests Of
either litigant were concerned.
30 Colonel ROOSEVELT has got what
81