New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-19

had several talkS WIN lhe pldil1'' ga
regard to those matters. It was al
legged that "Tammany Hal! or the
Democratic organization was ready 70
and did work with the Republican or
ganization under the active leadership,
in part or in whole, of the plaintiff IN
opposition to the Hughes recommenda-
tons
Among the measures specified were
the anti-race track rambling law and
the direct primary bills.
It was alleged that Mr.. Barnes IA
vored the election ot lothian p Aids
AS majority leader of the Ser ate in
1910; that he had an ARRANGEMENT with
Charles f. Murphy In 1911 whereby the
Republicans wou'3 not interfere W IN
the election by the Democratic ma
iority in the Legislature OF man ia
vorable to the organization. and that.
as a matter Of fact, the Republican,
gave no support to the ingurgent move
ment Of Franklin D. Roosevelt.
Improper Contracts Alleged.
Further allegations were made that
"Thc Albany Evening Journal owned
in part by Mr.. Barnes, and the j. b.
Lyon Company, printing corporation
in which Mr.. Barnes used 70 owr some
stock, had received a considerable part
of the contracts for state and Albany
county and city printing contracts
the amount paid for much Of II being
"extravagant and improper"
Colonel Roosevelt asserted that John
A. Hennessy. the Nemesis Of the
Democratic party, told him he had un-
earthed great rottenness in the admin
istration of state governmental affairs.
Hennessy was alleged TO have said /.
had given this information to RcpUb
lican and Democratic Ofcial-. but &c
had not been used because the two
machines under the lead OF Barnes
and Murphy, were IN alliance
Reference wa made 20 the report 81
the committee of the Democratic Leg
islature that invc>tc gated the affairs
OF the city and county of Albany, and
/ extensive extracts were appended as
an exhibit. Exhibits were also mad
Of magazine articles based on this in
vestigatiOn.
An interesting part Of the defence
is the ALLEGATION that the plaintiff him
self assisted in circulating the alleged
libel By publishing IL in The Albany
Evening Journal which Is generally
known As Mr.. Barnee's paper
IN conclusion, Colonel Roosevelt
pleaded that the statement complained
of was "a fair comment a.t criticism
Of public situation and condition and
Of the acts OF the plaintiff iu his ca
pacity as public and political leader
and the dominant power IN the Repub-
lican party in the City and County of
Albany and the State Of New York"
He asserted that h, gave out the state
ment in good faith, in the public in
terest, and in an endeavor as a citizen
TO advance the cause Of good, honest
and efficient government. and without
malice expressed or implied toward the
plaintiff or any other person"
Gets Change OF Venue.
Colonel Roosevelt fought for and OBJ
tanned a change of venue from Albany
County. where he asserted the Barnes
influence would be prejudicial TO his
case. The case was finally set down
for trial in Onondaga County.
Allegations IN the answer are Of par
ticular interest at the opening OF the
big trial. as they indicate what the
Colonels lawyers will try 70 prove in
defending his statements. The entire
political history Of the last eighteen
or twenty years will be reviewed
When the case is opened tomorrow
morning the first move will be TO get a
jury. There is 4 panel Of eighty tales
men drawn before the opening of the
term.
Both sides have been busy for thre,
weeks, through their local counsel, in
getting what information they could
about these talesmen. Record has been
made Of their political affiliations and
f.rks l. ...
make them acceptable or unacce table
Jurymen. Syracuse has always been a
Progressive stronghold. and care will
be taken by counsel for Barnes not TO
permit rabid Progressive o.. the Jury
II Il can be prevented. On the other
hand, the Roosevelt side will not want
any one ON TIE iurv who haa hid an.