The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-20
Bowers Accuses Barnes
of Stnvmg TO Destroy
T.R s Mission in Nation
Counsel. Summing Up, Pleads With Jury to Preserve
ColOncls Usefulness in War Crisis. Which
He Places Second Only to That
of President.
DEMOCRAT HIMSELF. TOOK CASE AS PUBLIC DUTY:
REVIEWS EVIDENCE TO PROVE CORRUPTION

MT; Wins is at one with Mr.. Barnes in
estimating Col. Ropsevelt's sincerity and
political views. He will stab at the
Colonel with every weapon In his arsenal
OF wit and invective.
The case probably will go TO the Jury
Tomorrow afternoon. Justice Andrews
expects to deliver the charge, which may
take an hour or a little longer, immc-
diately after Mr.. WINS closes.
AT the opening Of court this morning
Henry Wolf asked the court in behalf
of Mr.. Barnes to direct the jury to re-
turn n verdict for the plaintiff. He ar
gued that Col. Roosevelt had failed ut
terly to show hat there was a corrupt
alliance between Mr.. Barnes and Mr..
Murphy.
He said the court should consider the
rule Of law which provides that justin
cation for libel must be as broad as the
libel. He cited numerous authorities
and insisted there was no evidence what
ever to show that Mr.. Barnes had rom
mitted any act which could properly be
described as corrupt. The evidence as
to Mr.. Barnes's arrangement with
Murphy to control the Senatorial cleo
ton OF 1911 and his connection with BIZ
partisan campaign contributions was
too fimsy for consideration, he declared.
Admits Barnes Was Plat Ala
III 1892" he said. Senator Plat,
was the leader of tho party-a leader
more powerful n dominant han any
leader has been since his time. Gov.
Odell was his lieutenant. Mr.. Barnes
was one OF the great army Of active
workers who went to make up the ma
chine in this State dominated by Sem
ator Flat. There Is no evidence that
H. Las-A. InA ... --.-- - 49,
" such conditions as the defendant says
Mr.. Barnes told him OF existed seven
teen years ago Mr.. Barnes was not
responsible for them. That he was a
party to OF was responsible for any
such arrangement there is not the
slightest word of evidence In the case.
II these conversations took place Il
merely shows that Mr.. Barnes. like tn,
defendant. merely recognized the state
of affairs that existed at that time.
as IL conceivable that II the de-
fendant had believed Mr.. Barnes was
responsible for such a condition he
would have associated with him, re-
celved him as his friend into his home
and asked his advice and counsel?'
My holding is that not a part OF the
article but the whole IL lihellous per
Sc" said Justice Andrews. THE whole
matter is concerned with a corrupt alli-
ance between Mr.. Barnes and Mr.. MUIR
ply.
Holds Article Il Libellous.
''In addition to this I have held that
one OF the subordinate charges that Mr..
Roosevelt makes OF al alliance W
crooked business and crooked politics is
libellous per Sc.
The other charges are susceptible OF
! an innocent and a guilty meaning alike
tnnl deal mostly with nrOnhpCieS as to
what will happen under certain circum-
stances | therefore do not consider
them OF sufficient Importance to sub
NIT to the jury.
II have held. and I still hold. that
such an alliance as the defendant, claims
To have existed between MIR. Barnes and
Mr.. Murphy. II 1t existed, was a cor.
rupt alliance. | shall submit that Ques-
t!on'to the jury.
I'm regard To the subordinate charge
that Mr.. Barnes worked through an ALI
ance between crooked business and
crooked politics the evidence is slight
and consists mostly of conversa,io OF on
the subject of campaign contributions
made by Democrats to the Republican
campaign fund. ! think this evidence
should be submitted to the jury for
what II is worth in this case.
Il shall not submit to the jury any
question or privilege. If the jury finds
that this defendant, a public officer. has
been damaged in his career and his
character II is but to consider that the
statement was made in the heat Of a
political campaign. but II It finds that
the libel was not justified 1t will he in
structed to assess punitive damages"
Bowers Addresses Jury.
Mr.. Bowers then arose and faced the
jury.
This Is undoubtedly the most i'm
portant case in which I nave ever taken
Il part he said-"one of the most i'm
portant in which a jury has ever had to
decide upon the facts. The case Is not
important in regard to its ~pecunlary re-
suits to Mr.. Barnes. The defendant was
the game that Mr.. Barnes wanted and
his entire aim and object was to bring
him down from his high place before
the people OF the United States.
The defendant in this action has
hcen Governor of the state of New
York. He has been President OF the
United States. He was a faithful and
both capacities. He served the people
nobly and to the best Of his great
ability.
Mr.. WINS has told you that I am a
Democrat. am. did not vote for
Theodore Roosevelt for Governor. ! did
not vote for him for President either
time that he ran, But / rave the deep
est respect for him as a man who as
Governor had the courage and the
strength to stand for the rights OF the
people against the great political ma
chine which ruled and dominated the
Republican party in the State of New
York.
Barnes Head Of Machine.
1.-THE plaintiff in this case is at the
head of that great machine, In his ca
pacity as state chairman OF the great
Republican party he did acts and ac-
knowledged them over his W signature
which no man in his position before had
ever performed or attempted and which
showed beyond all question his entire
dominance and complete rule over the
people of his party in the state and over
the legislators chosen by the people"
Mr.. Bowers read from Mr.. Roosevelt's
magazine article 1.-THE Man With the
Muck Rake In reference to hasty utter
ances Injurious to the character of an
individual.
1.-The man who penned these words,
said Mr.. Bowers, would not attack a
fellow man wantonly and without
thought, but II he did make an attack,
feeling II his duty to do so, his attack
would be. and must be, scathing and
severe.
'In the limited time that we expect to
,.La In nrasaptIuU this caaa IN you Uep.