The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-16
BARNES WON'T WIN
IS MAJORITYVIEW
Disagreement Of Jury Expected
with a Result More Fav-
orablc to Colonel.
TRIAL OVER BY THURSDAY

SYRACUSE, May l5.-1ne neaNy work
n the barnes Roosevelt libel suit IL
practically at an end. Very little of
com sequence remains to be put before
The Jury. Each side admits frankly that
If has no essential new fact to bring
out In testimony.
Col. Roosevelt and his witnesses rave
done Their utmost TO show that William
Rarres was a corrupt boss and that the
colonel's statement Of July -. 1914. ac-
euslns Mr.. Raj nes OF being a link be-
tween crooked politics II crooked
business was justified by tee facts.
Mr.. Barnes and his witnesses have
done their utmost TO show that Col.
Roosevelt has testified falsely and that
bs attack on Mr.. Barnes was prompted
by the malice of a disappointed and dis
credited politician.
There in two sentences IS the definite
issue produced in hundreds Of thousands
O, words OF testimony in tire last four
weeks. Is Col. Roosevelt to be believed
or 1. Mr.. Barnes to be believed? Who
h,. been telling the truth There is
,ha great question which remains for
The jury's consideration.
Already there Is general discussion
az TO what the jury Is likely TO do. One
Of the most prohtless pursuits In tire
world Is guessing on jury PROBABILITIES
but Il is fascinating nevertheless 10 all
nersons concerned in any way with this
trial.
disagreement Expected.
rr. u,ior,,v Of the g,essers believe
that A disagreement Is most probable.
A number of elements suggest that a
disagreement will result. The political
complexion of the jury, seven Repubii-
cans, three Progreesives and W Demo-
Gratis, the fact that several Jurors are
OF German parentage, the confusing ana
contradictory statements on points vital
10 the suit, the fac, that an ex-Presi-
dent OF the United States Is a principal.
ali Indicate to observers that the mai
session OF the jury will not be har-
monious.
II is thoroughly recognized. however.
that the workings OF the minds OF
Jurors is the most mysterious function
in the world and that a shock may be
awaiting one side or the other.
A DISTINGUISHED New York lawyer re-
marked several years ago hat when-
ever a Jury retired from a court room
nobody bpt the Creator the jury
knew what was going TO happen and
very often the Creator couldn't tell.
II is perfectly apparent that the main
hope OF the Roosevelt side Is for a dis
agreement. II is a fact indisputable
that Col. Roosevelt would consider a
disagreement as a triumph over Mr..
Barnes and that Barnes would be en-
tirely disa ppointed II nothing more than
disagreement resulted. As matters
stand the case should 20 to the jury by
next Wednesday night or Thursday
morning at the latest.
The first few days OF the hfth week
Of the trial will be used In flling up
certain gaps In the testimony and
strengthenins certain points already en-
phasized.
To Keep IN Appearance.
Prom the standpoint Of disinterested
Observers the work would appear to be
superfiuous. since IL implies mere reiter-
alton OF what has been said before. But
the lawyers consider IL necessary and
both col. Roosevelt and Mr.. Barnes
seem reluctant TO quit lighting.
on Monday morning John NJ.
will resume the cross-examination OF
Mr.. Barnes and Expects to finish the job
ny Monday noon. Then William NJ.
WINS ard his associate. John j. Adams
will introduce more rebuttal testimony
and will call every Republican member
Of the Legislature OF 1911 who Is avail
able.
About twenty have already. testified
that MIR. Barnes did not attempt to in
huence their action in the Sheehan-De-
new Senatorial contest OF 1911 or thai
thev were aware of no understanding
or ARRANGEMENT between Mr.. Murphy Of
Tsmnaay and Mr.. Barnes. But about
forty present or former legislators re-
main to he questioned and the Barnes
counsel intend TO rake a thorough Jot
OF II.
kilograms were sent to-day to these
legislators and they will arrive in a
crowd on Monday. None Of them !,
likely to be on the stand more h a
minute or two unless some one say'
something entirely unexpected by thu
Barnes side.
This was the case when Senator J
Mayhew Wainwright was called b,
Rarnss's counsel. Senator Wainwright
didn't prove TO he as helpful as was ex
pected, lie amazed everybody by ties
Trying that he had heard Barnes ADM
an agreement with Murphy.
On Tuesday. probably, william Loci
the faithful. loyal. time tried Loeb
will he recalled ny the Colonel to bacI
up his story that Barnes admitted to hin
a covert deal with Murphy at the tint
'' VIZ NII4llE ol lJl Hf was lull'llllli
with Barnes in the Office Of j. y. Bacn'
& Co. in New York city.
Loeb's story shaken.
That story badly needs backing up
since three witnesses. w. J. Wollmai
OF j. $. Bache & Co. among them
Nav" told the Jury that the conversation
between Barnes and Loeb didn't taxi
place until two years after the Sena
torial contest, and Mr.. Barnes himsel
has specifically challenged Loeb''
tru'hfu!ness az to the matter OF tn
conversation.
II IL a point very important in tn
swing Of tho case and Mr., Loeb's lon
career as a corroborator for Col. Roose
v"'' has never developed a more sharpl,
drawn issue.
The Colonel himself will testify agai
on Tuesday In s~ur-rebuttal. He liz sur
mat HIS memory has been freshene
and reinvigorated by some of Nj
Harres's statements ~ to the subJec
matter uf their conversations and h
awaits eagerly the time to take tn
stand once more and lambast the ma
ron Albany.
cot Roosevelt will return from Ne'
WORK city tomorrow night. One of hi
tArppSes In going to New York WAS I