Pine Bluff daily graphic., 1915-04-21
Former President FretS at Being Submitted to Ordeal
 of Witness.
BARNES SIDE IS
 QUICKLY RELATED
CoIencI's Private Secretary Is Only Witness for pIaintiii in xIN.OOO Dam age SUit-Barnes Must Prove
 Malice.

Syracuse. N. r., April 2o.-Sitting crouchcd in witness chair within six feet of William Barnes, Theodore Roosevelt today began the story Whic,' ho hopes will prove complete Just1- Gcation of the charges which, accord ing to the complaint, have daEaged Barnes 10 the extent of $50,000 cash.
 As MT. Roosevelt went into his past. outlining the most vivid and spectacu- lar political and military career that has fallen to any American, he warm ed up and really showed fight.
 He seemed to feel that a man who has been president, editor and miN,ary commander was out of place sitting in dingy courtroom with lawyers telling him what to say.
 Mr. Roosevelt received his hardest blow when the defense oh;ected to the introduction of testimony not mall- noned in his pleadngs He hcd taken ti,e bit in his teeth and wag telling what Barnes had said to him about bosses when the attorney for the plaintiff called halt.
 1 For an hour while ne iMpatiently scowled at all hands the lawyers fought over the question, which Was finally taken under consideration by the court until tomoI row.
 CClOnel's Defense Limited.
 If the colonel is not permitted to go into this conversation, he will l@ forced to forego an attack on Viieli he based his hopes.
 His testimony regarding Barnes chiefly concerned that gentleman's at tempts to induce him to support Platt in defeating the franchise tax law and i.1 keeping Lew Payne in his place as superintendent of insurance.
 ls He said Barnes insisted that A. N Brady. and other Albany Democrats contributed heavily to Republican funds, and that no legislation e. ac' ton that offended them must De thought of. Nevertheless, the colo mel declared, that through his term as governor and all the time he was in the white house, he had warm friend ship and high admiration for Barnes All of which, the Roosevelt people as- sert tonight, is to prove that there was no malice in the charge, and with out malice there can be no punitive damages. In other words, if MT Roosevelt can show be was not mali cious in his statements, but was mere ly administering a kindly chiding tt a dear Harvard brother gone wrong politically, he can evade the payment of the $5O,000, even though the verdict goes against him.
 Barnes Uses One Witness. MT. Barnes counsel placed only ont , witness o nthe stand John McGrath Colonel Roosevelt's private secretary, who testified he gave out the statemen complained of to newspaper reporters at Oyster Bay A partial list of sixty eight newspapers in which the state ment appeared then was read ant counsel for the defendant conceded that the statement had appeared il , them He also conceded that detail , ed statement of the circulatiOns 0 each of the newspapers mentioned wa correct.
 As was the case yesterday, a larg
 crowd gathered at the courthouse ear
 ly in hope of being permitted to en
 ter the room where the trial is il progress before Supreme Court Jus
 tice William s. Andrews. Member t.f the jury, which was completed yes terday, were permitted to spend tn . night at their homes.