The Washington times., 1915-05-16
ROOSEVELT AND LOEB
TO REPLY TO BARNES
Both to Take Stand to Substan-
tiate Testimony; Charge Due
Wednesday.

oi nASUSE, May 1b.-As the ldst h'I
Of the Barnes r roosevelt trial approaches
each side is devoting all It's energy to
the work OF preparing for strong nnal
smash at the other.
Colonel Roosevelt, II Is announced, Will
go back on the witness stand In sur-re-
puttal either tomorrow or Tuesday. HIS
recollection. 1t is said. has been greatly
refreshed by some of Barnes testimony.
The colonel's counsel have high hopes
Tor the effect his last appearance Will
produce In the minds Of the jury.
The colonel, of course. will be limited,
SO far as 1t Is possible to restrain a wit
ness with so much eKuberatnce as he.
70 the testimony given In the Barnes re-
outtal. One of his chief points OF at
LACK Will be the talk with Barnes In tho
White House concerning the Asnew-
Hart race-track bill.
Barnes testified that President Roose-
.elt practically commanded him to go
to New York to consult August Belmont
and work for the defeat Of the Hughes
TaGe-track legislation. This is not the
G0ionel version of the interview at all.
he Is prepared to testify, and to back
II up by his letters. that he refused to
'ersy one way or the other.
To Contradict Barnes.
William Loeb. jr., former secretary
to Roosevelt and former Collector OF
the port OF New York. Will also be
called in sur-rebuttal. He is prepared
to prove. the Roosevelt counsel say,
that he did see Barnes in the Offices
Of J. s. Bache & Co. early in 1911 and
I at Barnes did tell him of an arrange
ment with Murphy whereby the Demo-
Gratis were to have free hand in the
election Of a United States Senator.
The Roosevelt attorneys are hope
full also Of the effect of the cross
examination OF Barnes by John NJ.
Bowers, which Will be resumed on
Monday. The heckling of Barnes Is
expected to take up all the morning
ternoon.
After Barnes leaves the stand his
counsel have in reserve nearly score
of Republicans who were members OF
the 1911 legislature, which elected
James A. O'Gorman United States SEN
ator These Republicans are expected
to testify, as about a dozen others
have already done. that Barnes made
no attempt. directly or indirectly, to
influence THEFT course during the SEN
atorial deadlock of that year.
AS their final punch" the Barnes
lawyers have saved a witness whose
identity they are Concealirg. But they
make no secret OF the fact that this
witness is expected to give the con-
elusive proof OF their contention that
the Barnes Loeb interview did not take
place. as Loeb has sworn.
Both sides arc hoping to get c"ery-
thing cleared up for Justice Andrews
charge to the jury on Wednesday
new, 1t is considered extremely doubt
full II the case will go to the jury be-
fore Thursday. Practically everything
depends on how long Bowers takes to
cross-examine Barnes. and how much
time the colonel uses up on sur-rebut-
tai The arguments are expected to
consume two hours for each side. Jus
tice Andrews has irtimat ted that his
charge will be of about ten hours
length.
Comparison With Tilton Suit.
An interesting feature Of William NJ.
WINS summing up for Barnes will ~
a comparison OF the present trial with
the celebrated SANDER suit OF Theodore
Tilton against Henry Ward Beecher
That action was for slander. It was
staged In Brooklyn in 1878 and covered
about ia days. twenty Of which were
Used up in the final arguments.
Former Congressman John J. Adams,
of the Barnes counsel. has obtained
from New York the original minutes
sf the Beecher trial. many Of the points
at issue are practically Identical, It is
said. with points in the present action.
The Barnes counsel will also use
some of the instructions given to the
jury by Justice Nelson in the Beecher
trial as a basis for some of their re-
quests to Justice Andrews for special
charges.
Oddly enough. two OF the prominent
figures in the Barnes Roosevelt trial
are among the few survivors who took
an active part in the Beecher trial.
WINS was the private secretary OF JUS
tice Nelson and Hugh Hastings, for
mer State historian. who is a member
OF the Barnes forces. reported the trial
for a New York newspaper. OF the
lawyers who took part in the Beecher
trial It is said only Benjamin F. Tracy
survives.
Colonel Roosevelt has left every
thing now In the hands Of his counsel.
He is ready to go back on the stand at
a moments notice. AS Mrs. Roosevelt
is out OF the hospital. the colonel felt
1t was better for him to return to
Oyster Bay over Sunday.