The Barre daily times. (Barre, Vt.) 1897-1959, 1915-04-20
Consisted Largely of Pres
entation of Evidence of
Alleged Libel
ROOST- ,,e,y CLERK
mops 7s' PUT ON STAND
Jury Contains Seven Repub-
licans, Three Progressives,
and Two Democrats

Syracuse, N. ", April 20.-Counsel for
William Barnes, jr., in bis suit for $5O.-
600 damages for alleged libel against
Theodore Roosevelt rested their case to-
day after offering evidence of the publi-
cation of the alleged libelous statements.
Ihe plaintiffs evidence was very brief
and followed the conclusion of an opin-
ion addressed by the attorneys for both
sides.
John McGrath, Colonel Rooseyelt's pri-
vate secretary, who gave out the offend
ing statement, was the first witness for
the plaintiff. He told of giving copies
to the newspaper correspondents at Oy-
ster Bay. Counsel for Barnes then read
a list of newspapers in all sections of
the country, in which the statement was
printed and he placed in evidence de-
tailed statement of the circulation of
each paper.
The jury which is hearing case was
drawn yesterday afternoon and is as fol-
lows:
u foreman Henry Hoag, clerk, Re.
publican.
2-lrving J. Mills, woodworker, Repub-
lican.
3-Walter j. Zuill, manager, Republi-
can.
Franklin S. Rhoades, farmer, Pro-
gressive.
5-Leonard X. Hungerford, painter,
Progressive.
6-F. W. Pierce, carpenter, Republican.
No III
lican.
S-Ray Tanner, farm hand. Democrat.
9-John w. Brown. farmer. Republican.
l0-George Boschert, manufacturer,
Progressive.
ll-Edward Burns, motorman, Republi-
can.
l2-Peter Beneke, coal dealer, Demo-
crat.
Immediately after the jury had been
counsel for Colonel Roosevelt
made motion to dismiss the complaint
against their client upon the ground that
such allegations as he made in the state
ment upon which the suit is based. were
and that in naming Mr..
Barnes and Charles +. Murphy of Tam
many hall as the controllers of "rotten
government" in the state of New York he
did not mean ANYTHING personal or to
imply that either of the two men named
had in any way profited by the alleged
The motion was denied bv
Justice William $. Andrews, presiding.
II Colonel Roosevelt saw his opponent
at any time during the proceedings yes
terdav he showed no sign of having done
80. To all outward appearances he was
not aware that Mr.. Barnes was anywhere
around. Colonel Roosevelt seemed to he
he more serious of the two. He was
Intensely interested in the selection Of
he jurors and the questions asked tales
men. While his attorney was arguing
ipon the motion to dismiss the COM
,laint he leaned far forward in his chair
% as not 10 miss a single word.
Mr.. Barnes also ignored his opponent
when he first entered the courtroom. Lat
r, however. he swung around in his
hair and watched the colonel for several
minutes. Then he swung back to the
occupied by his counsel and appsr-
ntly forgot that the defendant was in
he room. Mr.. Barnes listened intent
' to the questions asked the first two
nrors and then occupied himself by max
ng notes on a pad Of paper. later.
.hile the examination Of talesmen was
till in progress. he retired to an ad-
1ining room and remained there for
ome time all alone. smoking cigar.
rhile Mr. Roosevelt's attorney was talk
w. Mr.. Barnes smiled broadly upon
sore than one occasion. A statement
' the attorney that had Colonel Rooss-
alt made the statement upon which the
at is based IN ls9s. instead of 1914.
r would not have mentioned either the
ames OF Mr.. Barnes or Charles y. Mur-
iv ~ Tammanv hall apparently afford
! the plaintiff more amusement than
lvflung else. He and his ATTORNEYS
"A 10 restrain themselves "a Keep from
- f~saH