Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-04-20
$4,000 LIBEL SUIT
ATTRACTS THRONG
Continued from First Page.A
same paper, in which Col Roosevelt
was lauded for his efforts to secure
clean politics and clean government.
T. c. P1att's Name Brought In.

The name OF Thomas C Platt was
first brought to the attention OF the
jury when Mr.. Van Benschotcn men
toned it In sketching the actions of
Col. Roosevelt in Albany. 1t was there,
counsel said, that the colonel and Mr.
Barnes first came to know each other
well: Mr.. Plat. who counsel described
cal partner OF Mr.. Barnes. Mr. Van
Benschoten discussed the opposition
OF Mr.. Barnes to Gov. Hughes and the
activities of Mr.. Barnes while Col
roosevelt was governor. He mentioned
several measures opposed by Mr..
Barnes. He also discussed the New
York state insurance investi CATION and
a statement he accredited to Mn Barnes
that he wanted men who would he
mine" in government Offices
Finally counsel said:
grave and great responsibility n
resting upon the jury In this case. TIL.
you to see how citizens OF old onon
daga look upon an effort to establish
clean and efficient government. How
they look upon tho performance OF a
to the people a government by and for
the people. A money verdict on one
side or the other Ia inconseauenffal as
compared with the vital proposition
which comes home to every man, won,-
an and child In this state as to whether
good government shall exist"
Colonel's Secretary Called.
John McGrath, Col Roosevelt. pri-
vate secretary. who gave out the Of
Tending statement, was called as tho
first witness
MI McGrath told OF giving the state
ment to newspaper correspondents nt
Col. Roosevelt's home at Oyster Bay
Mr.. Wins then read list of news
papers published In all sections of tho
united states in which the statement
was printed.
Makeup Of the Jury.
The Jury was completed yesterday
afternoon. 1t is composed of seven
republicans. three progressive. and
two democrats
Immediately after the Jury had been
completed. John d. Bowers. chief coun-
sci for Col Roosevelt made a motion
to dismiss the complaint against their
client upon the ground that such al
legations as he made in the statement
upon which the suit is based were
privileged. and that in naming Mr..
Barnes and Charles F. Murphy OF Tam
many Hall the controllers of rot
ten government" in the state of New
York he did not mean anything per-
sonal or to imply that either of the
=" AASAt Hdiucu hdu III any way
ed by the alleged "rottenness," The
motion was denied by Justice william
S. Andrews. presiding.
Statement for Defense.
The Roosevelt attorneys last night
gave out the following typewritten
statement:
THE motion OF Mr.. Bowers was mere
ly intended to be the usual ono in the
conduct of such a case and in no way
implied any change in the position of
the defendant. The defense will pro-
coed along its original lines. There was
not and is not now any intention to de-
vlate therefrom. Mr.. Bowers simply
discussed the legal situation which at
tached to the article as published in the
absenceof an innuendo, which under
well recognized rules OF law requires,
Of possible. a harmless construction Of
the language IL such construction is
considered by the court to be possible
The motion having been denied. the de-
Tense will now proceed to prove the
allegations set up in the answer of Col.
Roosevelt. The question was purely q
legal one and in no way involved .
change OF front as to the facts"