New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-20

would make any dlference IN the tales
mans consideration of the case.
In the argument to dismiss the COM
plant Of Mr.. Barnes on the ground
that the statements of Colonel Roose-
welt complained of were not intended
in any way TO impute personal cor
Tuptlon {" the former chairman of the
Republican party, Mr.. Bowers asserted
that it was nothing more than an
ordinary political attack, which has
been made from time immemorial in
the history of the country" This is
an example of the way in which he
tried to draw the sting from the al
legged libellous statement.
THE article proceeds TO show the sit
uation of affairs in the state" Mr.. Bow
ers continued, land says The govern
ment is rotten throughout in almost all
its departments The Republican state
platform so declared within a few
months after the writing of this article.
"The article proceeds: This is direct
~ due TO the dominance in politics of
Mr.. Murphy and his sub-bosses, acting
through such entirely subservient
agents as Governors Dix and Glynn'
at may be that the situation was due
to the dominance in politics of Mr..
Murphy himself, and that this domi-
nance made itself felt through Gov
ernors Dix and Glynn. But the charge
Is, simply, that the condition of the
government is due to the dominance Of
Mr.. Murphy, acting through the Gov
ernors, and that he was aided and abet-
ted when necessary by Mr.. Barnes. The
aiding and abetting necessarily re-
ferred to the domination of Mr.. Muir
ply Of the Democratic party.
"Ihe statement, so far as Mr. Barnes
is concerned, is, therefore, merely that
Mr.. Barnes assisted Mr.. Murphy to
keep his domination of the Democratic
party. There is not even charge that
MIR. Murphy participated in or profted
in any way in the rotten government,
nor is there the slightest suggestion
that Mr.. Barnes had any part therein"
For Court Rather Than Jury.
Mr.. Bowers contended that the court
must determine whether there was any
innuendo or double meaning in the
words, and could not leave q determine
tion of that to the jury.
That an individual has the right TO
critcise government | assume no one
Will attempt to deny" said Mr.. Bowers.
Mr. Roosevelt asked the voters TO
remedy certain condition, and in
order that the voters should under
stand it he mentioned particular names.
Here the defendant used the names Of
Barnes and Murphy as representing
the invisible government, as we pro-
pose TO show if this motion is denied
and that it has been In existence since
! before Mr.. Roosevelt was Governor OF
/ this state"
The strength of a people, counsel
! argued, was in the preservation of the
rules that in declaring its principles a
new political party, no matter how
small, should be permitted the great
est freedom. Nobody will deny" he
said, that the statement was an appeal
TO the voters Of the state. II was an
unsuccessful appeal. But that there
may be successful appeal yet is well
within the realm Of possibility"
Mr. Bowers made reference to the
present financial condition Of the state
when he said: THE right of citizen
to start political movement by which
he may point out the danger TO the
finances of state by reason Of its
political management Is beyond dis
pute. The time will have to come when
this condition will have to be pointed
out and more strongly
II WAS lQsl a q ClONh NutN MTs DOW
ers closed the usual time for adjourn
ing court for the day but Justice An
drews, who had already shown that he
was fond of expedition, wanted TO get
along a little further. you have made
no formal notion" he said TO Mr.. Bow
ers. Were you thinking of reserving
that for tomorrow? 1t might Just as
well be made now
Formal Motion to Dismiss.
81 move, then" said the Colonel's
counsel, that the complaint be dis
missed on the ground that the state
ment complained Of is not libellous per
Sc, that Il contains 10 innuendo, and
therefore the complaint falls. as the
article is capable OF an innocent con-
struction.'
Il was just at this point that the
trial hung in the balance. There was
profound silence as Justice Andrews
leaned forward and said: IL have had
the briefs from both sides for some
time. have given consideration 70
the matter ] am satisfied that the mo-
ton 10 dismiss must be denied at this
time. You may take an exception"
IL had been understood that at this
point Mr.. WINS. for the plaintiff. would
boz turn move for the dismissal Of the
answer.
81 have decided TO make no motion