New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-19
BARNES-R0OSEVELT
SUIT OPENS TO-DAY
Continued from page I

entire day at work on the Barnes side
Of the case lie refused % discuss It,
however, saying that was Tor Mr.. lNins
to do. If he cared to-
Seventy-fve TalCsmen Drawn.
The first and one OF the most i'm
por.ant things Will be the selection OF
the iurv of twelve "good men and
true" Counsel for both sides have
been busy getting every scrap Of avail
able information about the panel Of
talcsmen, which was first drawn on
March 20. Not only has the pOi'lcs OF
each man been ascertaiLed, so far as
possible, but his affiliations, past and
present
Five OF the eighty t2icsmen drawn
for this half of the term Of court have
since moved out OF the county. missing
a chance 20 be actors ir this great
drama. The sevcnty-hve remaining are
politically claS-cd rs follows: Repub-
l.caae. A.; Democrats, "A; ProCressivcs,
II; PIotibitionists, g: polite I'M
known. e..
Grouped by occupation, there arc:
Farmers. 10; clerks, 3; painters. r;
carpenters, hookhce9ers, contractors,
statesmen, manufacturers and builders,
each; merchants. builders. Insurance,
grocers and cashiers. . each; architect
coal dealer, banker, motosman, apiarist.
manage. real estate, superintendent,
mechanical engineer, WOodworker, tim
smith. c.CarmJkcr. librarian, res
tauraut keeper, butcher, miiliner, fore
man and gardener. I each. Thirty
seven arc from the city or Syracuse
and thirty-cicht live In county towns.
1t is considered only remote Dossi-
bility that q jury ca1uo, b. picked
from these seVCnty-Gvc men. Each side
has only six percmDtoT challenges.
which is vastly different from tLe
thirty permitted in a murder trial.
The Justice can excuse any tGlcsnaH By
agreement of counsel. and re has the
privilege of cXcusing for reasons OF MS
own. but the impression is that the
number excused viii leave an ample
margin for the selection Of twelve
jurors.
Wins to Cross-eXamine Roosevelt.
Mir. Van Benschoten Will MAKE the
opening speech for the defence, it IS
understood. while Mr.. Bowers Will do
most of the examining. John
j. Adams will share the burden Of the
chief Of the Barnes counsel, but just
how the work viii be divided Is not
known. except tina, il is sure that Mr..
WINS will cross-examine Colonel Loose-
welt His knowledge Of the history OF
the Republican party will be o. par
ticular value in this work.
The big days in the trial VIII be
when the Colonel and Nr. Barnes 60 on
the stand. and in each case the nigh
spots will be reached when they are
cross-examincd by opposing counsel
Mr. WINS and Mr.. Bowers have been
sharpening up their rapiers for this
work for a long time, while the Colonel
and Mr.. Barnes have been preparing
themselves TO meet all sorts Of at
tacks.
Both sides have presented large
number of precedents for Justice An
drews to study. On them Will be based
several motions that will precede the
taking of testimony. Two OF these
precedenty in the legal history of this
state are of particular interest as bear
ing an intimate resemblance from a
political angle to the present suit.
Lieutenant Governor Erastus Root
brought suit in 1929 against Nerp!ank
G. King. publishers of The American
not the one now owned by William
Randolph Hearst. Mr. Root had been
charged with drunkenness and general
indecorOus conduct, personally and Of
fcially. He sued for libel on the
ground that his political reputation a.
well as his social standing had been
injured Mr.. Root lost in the first IN
stance, hut won finally, the higher
court reversing the lower on appeal.
This case established many precedents
that have since been used.
The other case was the suit OF
Dewitt G. Littlcjohn, then speaker Of
the Assembly, against Horace Greeley
cdito, Of "The Tribune II was in the
late COS. and Speaker Lttleiohn
charged that his political reputation
had been damaged Mr.. Greeley was
vindicated. This case was tried in Pu-
laski, Oswego County, about thirty
miles north of here and in this judicial
district.
Denies Suit Is Political.
Mr.. WINS. who arrived tonight, is
sued the following statement regarding
the trial.
"I notice in to-day. newspapers chat
con dcrab'c space Is given 20 the
question of the political significance o.
the action of Ar. Barnes against Mr.
Roosevelt. have heretofore declined
to talk about the suit. believing tina
the place 20 state and tr- the issue.
involved was in the courtroom a-i -o'
i'm the press. Blt believe i' my duty
/ TO my client % say thar this SUIT Il.
p not political one. and is quite with
out political significance. so tar o..
either he or ! can see.
The case is "a very simple ore be
tween man and man. just lie any
ether where a plaintiff claims that he
has been robbed of ms property and o.
his right. Unless men who are treated
lawlessly appeal to the law and apply
the law we should have no law at uiL
J. he fact Is that the very existence OF
law depends upon the determination
Of each individual TO maintain his
rights and property when w.lfully.
wuutonlv and ruJhlcssly attacked
cit is quite Indifferent 90 the good
citizen determined TO perform Ibis
duty whether the occasion for lawioSs-
ness grew out of a political contro-
very or the opportunity offered q high
wayman by q dark street and a black
jack. The result is a struggle law.
and for that alone. and has nc political.
class. religious or other significance
whatever. Its significance is purely
that which inheres in a demand for
justice as a matter Of principle and
without regard to or calculation Of po-
lucal consequences.
"A mans reputation and right 20
public esteem are personal properties.
which he must protect, like any other,
L