The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-07
had not been fully demonstrated by

had not been fully demonstrated by
Col. Roosevelts counsel.
At the beginning Of the afternoon SEES
sion Mr. Van Benschoten produced the
minute book of the Journal company for
the purpose OF proving that Mr.. Barnes
was present at meetings OF the directors
of the companies and that he was IA
miliar with the public printing contract
situation as 1t applied to himself and
to his company.
The minutes showed that three direc-
tors and officers attended to the Jour
mails business, Mr.. Barnes as president
of the concern, the late John ID. Lind
say and John NJ. Davis. The point
arose Immediately as to whether or not
the minute books OF n corporation are
competent evidence.
Mr.. WINS argued they were not He
was In no mood to concede anything
or to stipulate anything. At first JUS
| tice Andrews was inclined to doubt the
| competency OF the minute books. but
after he had studied many decisions and
! rulings submitted to him by Mr. Bowers
! and MIR. Van Benschoten he decided that
| the books were competent as proving
two things: First. that Mr.. Barne.
was present at directors meetings, and
second. as showing what actions were
taken by the directors.
| Starting from January 20. 1897. Mr..
Van Benschoten read entry after entry
from the minute book. most OF them
| showing that the directors authorized
| Mr.. Barnes TO assign, usually to the
| Albany County Bank, certain claims
held by him for public printing.
In most cases the claims were rela-
lively small. around $1,000. but here
and there pretty big item cropped out
as when. on September -. 1897. Mr..
Barnes was authorized TO assign TO the
Albany County Bank n claim Of $13.-
| 1850 held against the city of Albany.
| one OF the entries specifically author
| ICED Mr.. Barnes to receive all moneys
due the Journal company and to assign
all checks made out BY the company.
The Resolution.
Read that again." directed the court
! Mr.. Van Benschoten did SO. 1t was
| howovev, the entry made on February
II. 1900. that made tho court room
throng sit up. This dealt with the
salary payment by James b. Lyon Ia
Mr.. Barnes. The entry was in the form
OF the following resolution:
Whereas William Barnes. Jr, has
offered to assign TO the journal COM
pany claim held by him against
James T. Lyon for salary at two
years. commencing October !. 1899.
and ending September 30. 1901.
amounting to $4,000 in full, for all
claims OF every name. nature and
kind whatsoever now held by said
the Journal company against said
William Barnes. Jr.
Re II resolved. That the Journal
company does hereby accept the said
assignment and does hereby author
ize the secretary of the said COM
| pany to accept the said assignment
OF said salary claim from William
| Barnes, Jr., and to execute in the
name OF the said Journal company
a full general release OF the said
William Barnes. Jr.. from all claims
of every name, nature and kind now
held by the Journal company against
him aud that the acceptance OF said
assignment shall be in full satisfac-
ton of all claims now existing.
Mr.. WINS struggled hard to keep GU
the resolution. but Justice Andrew
ruled that Il was competent, saying: e
assume that II is the purpose of defend
ant to show that this was an admission
by Mr. Barnes"
Arthur r Warner. who was asso
cAted with James W. Osborne ~ coun
sci for the Bayne committee which in
, vestigated Albany county and city Il
1911. was called for the purpose Of ties
tifying that Mr.. Barnes had refuse
TO answer 10 the committees question
before the committee.
Mr.. Warner. after identifying tn
minutes OF the committee hearings a
which Mr.. Barnes was present. wa
: asked by Mr.. Bowers II Mr.. Barne