The Washington herald., 1915-04-20
ROOSEVELT LOSES
FIRST COURT POINT
CONTINUED FROM PAGE ONE.

piled to either man with reference to
anything not connected with the system
of government stated to exist. There was
no going out of the way to besmudge the
character of Mr.. Barnes or even of Mr.
Murphy"
Mr.. Bowers said that had the attack
been made in 1898 men other than Barnes
and Murphy would have been named. He
said the attacks were solely in the ma
ture Of an appeal to the voters to end
corruption and to elect for governor a
man who would end them (Harvey d.
Hinman).
No Change Planned.
The Roosevelt lawyers. after Mr..
Bowers motion had been made, an
nounced that the position of the de-
PENDANT is just as belligerent as ever
and that no IDEA of a backdown was
intended. One of the counsel, after
long conference. gave out the fol-
lowing statement late tonight:
The motion in no way implied any
change in the position of the de-
PENDANT. The defense will proceed
along it's original lines. There was
not and is not now any intention to
deviate therefrom. The motion having
been denied, the defense will now pro-
coed to prove the allegations set up
in the answer of Col. Roosevelt"
Col. Roosevelt looked grim and a little
tired when he marched into the court
room just before 10 o'clock this morn
ing. The colonel seated himself where
he could get close sweep of the jury
and there ne remained all day, seldom
taking his eyes off the men after they
filed into the box for examination. He
said little and smiled not at all.
Shortly after Mr.. Roosevelt took his
place, Mr.. Barnes, dressed in brown
with a blue necktie and hair parted ex-
actly in the center deposited his great
bulk ir a chair close by. The Colonel
seemed to feel the enemy's presence and
eased his chair over a trife. Barnes
looked up. saw the Colonel and took a
position at the other end of the next
table. From that time forward neither
man appeared to be aware of the others
presence.
Principals Are Pfckers.
The courtroom was crowded to capac-
ity. but there was no crowd outside, and
few in the halls. The Colonel got a faint
cheer as he crossed the court yard, but
there was no throng awaiting him and
the photographers had easy access to
him
Instead Of examining each taIesman
twelve OF them were put in the box and
given the verbal once over first by
former District Attorney Barnum. of
Syracuse. for Barnes. and afterward by
Oliver d. Burden. the local representa-
tive of the Coloners legal staff
Mr.. Roosevelt and Mr.. Barnes did the
real picking. After the first twelve had
been examined by Barnum. Barnes and
his counsel withdrew and three were
bowled out on peremptory challenges
without regard to their politics.
Three more took their places. One of
hor laJ h,,to 70
ner. said nc was born in Germany. He
was asked il he would be affected by
Roosevelt's attack on Germany anent the
Belgium matter and replied that he
would not. Phillip MuthN. a cigar maxi
or, and also German, made a like an
swcr to the same question. Both were
Republicans. And both went out on the
Coloners challenge.
Peter Benecke and Walter J. Zuell
were asked the same questions. But
Benecke was a Democrat and Zuell
Progressive and both were allowed to
remain.
Barnes used up all his peremptory
and Roosevelt only three.
Twenty men were examined alto
gether TO get the necessary twelve.
Tomorrow the real battle will be-
gin. Witnesses were summoned by
wire tonight. Perhaps twenty will
be heard tomorrow IL the case pro-
ceeds at the pace set today.
Tonight both sides are again in coun-
ell. On Mr. Roosevelt now devolves the
business OF proving everything he has
charged.
He spent most of the evening at the
council table and then retired to Mr.
residence
But either it is a new Roosevelt who
Is in the trenches or he has adopted a
wholly un-Rooseveltian policy For he
has no jaunty air. no conversation ana
no smile. And more significant than all
Else the famous Roosevelt teeth, known
all over the world. have not been visible
since the Colonel came to Syracuse