davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12

wrong OF the ordinary man, and does
not imply n violation OF the statute or
the criminal law
Henry :. Wolf took up the argument
against the admission of evidence re-
garding Mr. Barncs's alleged action in
opposition to direct primary legislation,
declaring that at the time of the direct
primary legislation Nj. Barnes was not
dominant In the councils Of the Re-
publican party. was not chairman of
the State committee and had failed 10
hold the control of the party by de-
ieating Gov Hughes, to whom he had
been opposed.
Thus far" said Justice Andrews.
the only testimony introduced that
bears out in any manner the charges
of collision between Mr. Barnes and
Mr.. Murphy is that concerning the cleo
tion OF a United states Senator. | can
find no evidence of corrupt conduct
on the part of Mr.. Barnes in matters
connected with the racetrack legislation
or the direct primary legislation"
Then the testimony of Mr.. Daven-
port. Mr. Newcomb and Mr. Human
may go OUT asked Mr.. Woff.
II think So said The court
Justice Andrews refused TO strike out
the evidence OF Robert Irwin of Kings
ton in regard to Mr. Murphy's domlna-
the state government.
Mr. Wolff moved to strike out The
statement that tho state government
was rotten throughout at the time IN
Ccutivc Auditor John \. HenucssN made
his Investigations. Mr.. Bowers objected
on the ground that there was evidence
to prove that the final result OF the
various combinations established had
led to corruption OF the State govern
ment
You nave shown various combina-
tons OF Republicans and Democrats. IS
said tho court. but there Is no proof
In the case that the Republicans and
Democrats, who voted agains, the Harte.
Agnew bill and for the election OF Mr.
Aids and against direct primary leesla-
ton were actuated by any but IN.
finest and highest motives. The only
improper alliance you have shown was
in regard to the combination for ths
election OF a United States Senator"
That was the elimination OF a series
~ these combinations extending over
ten years. your Honor" declared MIR
Bowers
Maybe So" said IN. court. and
maybe the defendant believed H. This
philosophy may have taught him that
such combinations could be productive OF
nothing but evil. but there is no evil
hence TO that effect In the case
Mr. Wolr asked 10 have stricken out
the testimony Of Col Roosevelt in re.
gard 10 his conversation with Mr.
Barnes with respect TO the franchise
tax law, the removal OF Lou Pawn az
Superintendent OF Insurance legislation
al Albany, direct primary bills and the
opposition to GOV Hughes The court
denied tho motion.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12
CITY PAROLE BOARD
BILL Is SIGNED
Hailed by Aid Of Miss Davis as
Solving Young Of
fender Problem.
EXPECTS BIG REFORM

ALBANY, May 11.-Gov. whitman
authorizing the Board OF Estimate OF
New York city. or any similar body OF
any FIRST class city in the state having
Department of Correction. with juris.
dIction over workhouse, penitentiary
or reformatory. TO create n parole COM
pointed by the Mayor. with the Commits
sioner OF Correction and Police Commits
s'oner as members ex offico The com
mission will be able to parole prisoners
whom the courts sentence for three
years or less
Burdette g. Lewis, acting Commits
sioner OF the Department OF Correction,
in the absence OF Commissioner Kath-
arine b Davis. said yesterday that the
bill meant that every young criminal
Of either rex would be driven from the
city or from further participation In
crime. He added that Miss Davis, vic
helped to frame the bill. would on her
return urge the Board OF Estimate "a
adopt the reform Immediately.
1T In the past young crooks were Ar
rested" he said. there were always
plenty OF leaders and crime capitalists
while In prison and help find a means
for ttcm TO escape jail sentence
The now bill changes all that. for II
establishes an entirely new set Of rules
for the criminal game.
The judgment 81 a parole commission
adequately empowered n secure all In
formation concerning home conditions
health, environment. training conduc,
while In prison and chance for reform. IL
substituted for the system which has
allowed the young criminal TO run wild
IN New York.
Mayor Mitchell and Gov. whitman
are both In thorough sympathy with tbs
Jaw, as are all the Judges Of the crinn n al
courts. Tho dsy after Mayor Mitchell
took ONCE he had lunch with Gov. Whit
man. then District Attorney. They talked
over the crime situation. The next day
the Mayor issued his famous anti-gang-
ster order to the police.
Tho new law empowers the CITY
courts, the police and the Department o.
Correction TO deal with pangsters and
other young offenders in n const ructivs
way rather than the old repressive way
which has proved 40 unsatisfactory.
The law should cut the work OF IN.
Magistrates courts in half. II ends tn,
round OF discharge, Investigation, ~.
srres, and retral OF the habitual ofrende r
In the future prisoner will he held for
sufficient time 10 make possible rehab,!i.
tation unless he has sunk to the depths
Of criminal depravity. Gov. Whitman
has announced that ne will ask for a re.
port on tho workings OF the law Al the
end Of six months. and upon THE repor,
will depend the Governors support n,
an indeterminats sentence law for al
offenders
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12

the work differently the government
might have saved money how does that
effect MIR. Barnes?
MIR. Barnes undoubtedly got some
OF the printing because he was well
known In the city and county OF AL
bany and because he was connected
with the J. u. Lyon Company. which
had ample facilities to do the work
"Sut the defendant has utterly failed
to prove either that there was corrup-
tion iu the public printing or that MIR.
Barnes knew of or protitcd by such corr
ruptiou or used his political influence to
Obtain printing contracts any more than
BENJAMIN Franklin used such Influence
IN his day"
At the beginning OF the afternoon SEES
sion Mr.. Bowers argued that the de-
cision on the printing evidence was OF
grave Importance not only TO the prin-
cipals in the case. but to the people OF
he state.
The granting OF the motion. he in
sisted would please every wrongdoer.
lie urged that the court permit the jury
To have the benefit of the whole record
and draw what differences II saw ht
III YOU left us 10 stand on our state
ment that this man was connection
between crooked politics and crooked
business without letting us establish
such differences as are apparent and
proper our whole case goes to- the
winds" concluded Mr.. Bowers.
Mr. WINS had the last word.
Lewis Carroll" he said. was one Of
he greatest nathematicians and logi-
clans IN tho world. lie wrote Mice in
Wonderland AMI As In a Looking
Glass to show what a logician could
do when he was writing for minds that
didn't care anything for logic.
The whole case NJ this defendant re-
minds me OF Alice II 10 not necessary
for me TO offer any further argument"
Justice Andrews then made the ruling
adverse to hte Roosevelt side and the
Barnes side formally opened les case.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12

bered 1t perfectly and that he had taken
part in 1t from the beginning.
Was your attitude Murphy or anti
Murphy"
"Anti-Murphy." said Mr.. stetson
smilingly.
What attitude did you have toward
Mr.. Sheehan?"
Il was friendly toward Mr.. Shechan
personally" said Mr.. Stetson, but not
10 his candidacy"
"rid YOU talk to Mr.. Barnes In March.
1911. about successor to Senator ne
pew continued Mr.. WINS.
Yes" said Mr.. Stetson, consulting
| memoranda, II talked to Nit Barnes on
March rs. 1911, in Mr.. Barness home
ent and no one else
John NJ. Bowers, senior counsel for
Col. Roosevelt. who had been cutting IN
on tho testimony with one crisp objec-
ton after another protested that the
conversation wasn't competent evidence
because Il hadn't been held IN the pree-
| ence OF Col. Roosevelt
Mr.. WINS turned toward the Colonel
| with fire In his eve: The defendant
is rank and malignant"
Mr. WINS waited moment. still rlar
ing at Col. Roosevelt. and then added,
outsider"
Nr. Stctson's Nisston.
Permitted by Justice Andrews TO give
| the substance Of the converse ion Nj.
| Stetsou said that he had gone TO Mr.
| Barnes from meeting Of lnsurGcnt
| Democrats that WAS held Ia tho rooms
| Of Franklin H. Roosevelt and that with
| he authority OF the insurgents he had
, submitted to MIR Rarues nyc names as
possible levers to break tho deadlock
These were the names of Thomas
Mott Osborne John n. herman, Martin
! ". littleton, Martin n. Glynn and
/ lsidor Straus." continues Mr.. Ste'sor
| MIR Rsrncs rejected Glyun on personal
grounds. Littlcton because he might
identify himself with Tammany Hall
and MIR Straus for the same reason.
! lie was willing to consider the names
uf osborne and Herman and exposed a
strong preference for osborne.
II asked him what Senator. IN the
( case OF voting in alrhabe order.
would vote first. He said he couldn't re
call any Republican whose name began
with a remembered senator ArEet-
singer and Mr. Barnes said: "ph. yes.
is queer that ! should have fprEntteu
him, since he was one ot the men 7
had my doubts about.
Nj bowers. on cross-eNawiuation.
asked who mlic tho appointment
tor the conversation At Mr.. Rarnes' :
house.
The telephone, stld Mr.. StNiSon,
/ Il didn't know whom ! WAS talkiu (
20. supposed - was NJ Rarnes"
/ Mr.. Stetson added that since he ha 3
favored the candidacy OF shepard the
important thing to him was ia take back
I Mr.. Bdruess objections To- various mon.
not Mr. Barnos's acceptance OF any one
Did YOU GO to see Mr. Rtruos tu
ask him what the attitude OF the Re
publican Legislators would be i'm case
Ne accepted Mr. OshNrn""' asked NJ
I Bowers.
Il did not" sal Mr.. Stetson II wen'
because senator Bracket had asked
me to do so"
Immediately after concluding his to-
timony Mr.. Stctson FASTENED over 20
col Roosevelt shook hands with the
Colonel, Chdtted smiliuey for few
minutes and then left the cou-t room
This was rather a custom OF the Barnes
witnesses to-day. Mr.. Belmont did the
same thing a little later on. Mr. Shce
han. however. I'D not leave tho cour'
room via The Colonies counsel table
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12
President Roosevcl''s reply was:
TIE WHITE HOUSE.

Mr.. Sheehan after answering TN"
usual formal questions was asked II ne
had ever been the Democratic leader ~
Buffalo.
u was 50 regarded by some" he re-
piled after some hesitation.
Well pursued Mr.. WINS you are
tho same William = Sheohan who was
a candidate for senator I'm 1917
II am said Nj Shoehan, with a
twinkle in the eyes that got him no
friendly nickname many Years ago or
"Rlue Eyed B.llN."
Whose candidate We're you'' askc }
Mr.. WINS
- VAS my own candidate replied
Mr. Sheehau hrmlN
"pid YOU personally solicit tho Not"
nf amy legislator
Il never asked a member Of tho Leg
islature 10 vote for me. as ! recOllcrt.'
"Did YOU ever ask Mr.. Murphy for
his assistance" questioned Nj, WINS.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12
SE1EEHAN ON THE STAND
TELLS OF HIS CANDIDACY

New York county. hut didn't consider
him So in the state But when tho
Brooklyn organization CotleScei with
rammany New York city virtually CON
trollcd he state Organization. y great
many people said Tammany Hall had
control, but ] never would admit Il
Mr. Bowers went into the matter o,
who controlled various state conven-
lions from lHoi on and finally came 70
the Dix convention OF 1910.
Isn't j; fact that the Democratic
convention Of 1910 WAS controlled by
.ammtuy Flall?' asked Mr. flowers
Il should say that Nj Murphy had
more influence than any other man" ad-
mtted Mr.. Shcchan
MIR WINS asked one more question .
"bid YOU ever know Of any agreement
between Mr. Rarues and Mr. Murphy
to favor your caudidacv""
81 did not said the witness
Mr.. Shochan WAS excused and l~r,
tho court room in hurry 20 eaten a
late afternoon train for New York city
R"im"nts Appeal.
August belmont was called He 'es'i-
fed that ho had gone ~ soc President
Roosevelt before the special legislative
session IN 1905 and that ne had asked
the President To- intcrcedc so thar he.
Mr. Belmont. could get 4 hearing on
proposed legislation ithe Har'c-Agnew
hiln which would interfere with racing
81 recalled to the Presidents mind '
sail Mr. Belmont. that had sup
ported Gov. Hughes and that Tor uthcr
reasons | wished TO get 4 hearing /
| reminded the President that h. knew
my views on racing that racing was an
institution which ought 20 have the sup
port rather than the condemnation Of
the state; that 1t contributed toward
the finances of the state that racing
was great elimination test and guide
/ for breeders that II meant the pres
crvation of types OF light horses, use
Iul for military AMI other purposes. and
that If II were eliminated only the
heavier types of horse would be pre-
! served
wow. | should like 10 read n letter
which wrote to President Roosevelt
| two years previously. The letter and
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12
Bars- Canal section Open May IS

ALBANY. May lin the presence of
the Governor and the members Of tho
Canal BOARD. state Engineer williams
will officially open for traffic that sec
ton 81 the state barge canal from
Waterford 10 Rexford Flats on Saturday.
May IS. The canal from Waterford 10
RcN'ord is tined with Ave immense forks,
40 Suard gates, a large dam and power
house
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12
Fame

Because Henry Ford !,
world famous as a manufac.
turer, it overshadows the fact
that he is also a great inven.
tor and ornithologist.
Similarly, because the But.
terick publications are pre.
eminent in fashion, the
breadth of their general
scope and influence may be-
overlooked.
The following partial list Of
famous contributors testifies
to that breadth and to the de.
sire of earnest protagonists
to enlist the influence of our
readers:
Woodrow Wilson
Madame Curie
Sir Oliver Lodge
John d. Rockefeller
Clara Barton
Theodore Roosevelt
Mrs. William Howard Taft
Rabindranath Tagore
Sir Gilbert Parker
John Galsworthy
Robert Kitchens
Hon. John J. Freschi
William Hard
Cardinal Gibbons
Honore Willsie
Andrew Carnegie
Mary Stewart Cutting
Margaret Mayo
Arthur Stringcr
Lady Gregory
Rudyard Kipling
Richard lie Gallienne
Princess Eulalia
+. Temple Thurston
Alice Brown
Gertrude Anterior
Ellen Terry
Ernest Poole
Charles w. Eliot
William J. Locke
Less than half of these are
professional writer's. The
others wished for the under.
standing or support of our
readers.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12
Didn't Ask Nurphy's Ala.

n ,lTk.I NIfM N NYTnNV ON Tho
suhi,.,, s,id Ar Shc,hon "hu, | never
..lyod bfs ,s.iat.r,c'
.ril NJ Nur,h, ,bic., ~ vour can.
did,c,. an tho pro,,pt thar Won were not
a Torrrany IJpu uapo"
"Ilc ala s,id Mr. shrohau ouicllIv.
..What rosi,ion did NJ Nurnhy take
Win r.suect Ia you, raulidar,o''
.rbo ys,,,ess tool , r,o,ron, ~ ,,o
h,f,ro ronI,iro and then Win inst tho
trace Of a smilo he said. II can gav
ma, IN :, ,bo limo no rb,uged bis
MIND he vas in favor of II
NJ WINS tool, a nov tack and sought
so, M Sh.absu,s o,iuiou n, ,,barls.
/, Nurnhy's nolniraI mower
81. Nr Murpbv dominant ip tho
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12
,R00SeveH's "Crooked'
Business Evtdence Is
Thro4vn Out by Court
Justice Andrews Rules That the Colonel Has Failed to
Prove That Barnes Used His Political
Power to Defmud the State i'm the
Printing Contracts.
SHEEHAN AND STETSON AID THE ALBANY MAN:
T.RCALLED BELMONT DEAR AUGIE" IN LETTER
Printing Contracts.

SYRACUSE. May ll.--one Of Theodore
Roosevelts main defences against Mr.
Barnes's s5O.ooo libel suit was swept
out OF existence to-day by the ruins
OF Justice Andrews that no connection
had been proved between Mr.. Barnes's
political pull and the Albany printing
graft
Not ono word Of the testimony which
tended 10 show that Mr.. Barnes's con-
trol Of the Republican organization en-
sbled him 20 beneft from fraudulent
public printing contracts can be
considered by the Jury. II has been
well dinned into their ears. OF course.
bun Justice Andrews will instruct them
to disregard II.
II was A hard blow to the Colonel
and his friends. this decision Of Justice
Andrews. and WAS particularly severe
since 1t followed the important ruling,
made yesterday In the Coloners favor.
that. while Mr.. Barnes may not have
violated statute or the criminal law,
II had become question of fact as to
whether or not he had been a corrupt
political leader
The Colonel planned to cinch his case
by linking corrupt politics with crooked
business. Now Justice Andrews has
ruled out the crooked business evidence
and the Colonel's case in justification
has only one leg to stand on. 1t is
still a fairly vigorous leg. since IL gives
him the opportunity of getting before
the jury few facts in justification of
the alleged libel AS well as many state
ments in mitigation.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12

cient for the state commission and
these laws have not been administers
ia a wholly satisfactory manner. II
would he essentially good policy FOR MIR.
Hughes to- make some sane and con-
vucing statement on those questions.
indorsiug aud approving the laws and
plodging his best efforts 10 the proper
enforcement of them and possibly. II
YOU think wise, demand for larger
appropriations for the work.
As YOU know, there Is complaint
that a sufficient number Of inspectors
cannot be employed for lack of funds
to properly keep a watchful eye on
the administration Of the laws under
the three headings I have mentioned.
n this subject has not already been
brought To your attention ! feel that
| should contribute this important
point to the category OF those that
demand your earnest thougM.
Believe me, very sincerely yours.
AuGrsr BELMONT.
The Presidents Reply.
President Roosevcl''s reply was;
TIE WHITE HOUSE.
WAsHISGToN. II. G.. oct. I. laos.
DEAN ArGtB: thank you heartily
for that letter and shall take the
liberty of showing 1t to Hughes him
self. shall advocate his doing just
Is you suggest that is, dwell upon
the tenemen house. child labor and
sweatshop laws of New York state
and his intention to enforce them up
To the letter and assure for their
enforcement sufficient Appropriation
OF money. do not think more
important suggestion has been MADE
to me than this YOU have made.
with hearty thanks and all good
wishes believe me, faithfully yours.
THEODORE ROOSEVELT.
+. 81 have jus; given Hughes the
letter he WAS delighted with It.
Mr.. August Belmont
20 Nassau street. New York
Mossrs S,etson. Sheehan ami Rclmon
were questioned and eros, questioned IL
the late afternoon after Justice Andiowi
had ruled gu, all printing evidence eN
copt hat contained In portions OF Thu
Bayrc committee report
Certain findings of the RaNne repor
are retained, not IN justification. but il
mitigation of the libel for the reason
that col. Roosevelt had read and dis
cussci the report and had said tina.
he relied upon It's statements before h
gave out the alleged lihellous article.
Al other printing testimony and evi
dcnce WAS rejected for these reasons
FIRST. that 1t could not he usei il
justification because there was no proc
Of Mr. Bsrnes's improper political ac
,ivities having anything to do will
wsstefnl and fraudulent printing. an
second. that il could not he used In miti
CATION because col. Roosevelt hal no
been able 20 show that he knew of .
~ had discussed II until after the al
legged lhelluus article appeared.
The Rar'rS--"asc got up moment un
with tho appetrauc" of Francis Lynd
StctSon. for many years counsel for tn
late j. T. Morgan aui an intimate tr'"n'
OF that dnauCicr Mr.. WINS question:
" Stotsou
40 YOU recall" he asked, the Son
ato'al contest of tn. spring Of l"l u %
Mr Ste'son replied that he rcm"m
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12

reply explain why I went TO the Presi-
dent in 1905 I feel that in justice to
myself | should be permitted to read
the letters"
Mr.. flowers was on the point OF OBJ
jectng. but Col Roosevelt bent for
ward hastily and In a voice that was
audible all over the room said NO.
no; let him read them" Then Mr.
Belmont read the letters. which are
printed above.
Mr.. Belmont then testified that Presi-
dent Roosevelt had sent him to MIR
Barnes lie added that he had made
it clear that he would have no hand
in improper activities against the pro-
posed legislation.
Mr. bowers asked single question :
did Col. Roosevelt testify accurately
as to the conversat ton you held with
him.
He did" replied Mr.. Belmont
Mr. Belmont also hurried to catch n
train and at the same time Senator
James j. Frawley was excused because
an agreement had been reached that
his testimony was not necessary. What
with the elimination OF printing testi-
mony and rapid progress made with wit
ncsses this afternoon Il becomes prob
! able that the case will he ended this
week
LIMITATIONS Of the Defence.
~ the beginning Of the court work
this morning Justice Andrews made =
statement clearly defining the limlta-
tions ~ the defendants case:
II have held that the article com.
planned Of is libclous per Sc" said the
| court, because II charges corrupt
alliance between Mr.. Murphy and Mr.
Barnes for the control of the State gov
eminent The defence. in support OF its
contention Of justification. has put in
some evidence Of alleged admissions on
| the part OF Mr.. Barnes in this regard
For the time being I am assuming
| that this IL true and that every proper
| inference 10 the discredit OF Mr.. Barnes
may be drawn. I think such evidence
IL receivable In Justification Of the
charge Of corruption.
ITO support the contention that Mr.
Barnes works through an allianc. he.
tween crooked bushes and crooked pol
! itiCs ] have received evidence relating
IN the receipt and use OF campaign con.
trihuiors from large business organlza-
tions To- both the Republican and the
Democratic party with the understands
INK that they should he protocted
To sustain the contention of an all.
arce between crooked business and
| cooked politics have received also
! evidence OF printing conditions IN Al.
| hauN concerning the city and county OF
! Albany and the state of New York on
| some of these points have not We,
ruled.
The definition OF corruption which
J ! hold may he given. IL that OF i'm
| proper conduct, morally wrong and con.
| trary 90 the standards OF right and
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12
No Dealing with Bnrnc..

Did you ever personally or through
AN agent discuss the question of your
candidacy with Mr.. Barnes" inquired
Mr. WINS.
Never" said Mr., Shcchan.
Mr.. Bowers cross-cXamincd pertna-
Clously. lie wanted to know why Shec-
han had gone TO Murphy AT all. The
witness said he had gone to discuss the
merits of his candidacy and the merits
Of others. Mr.. Rowers gained little
ground In going over the question OF
Murphy's dominance. Mr.. Sheehs u
finally said
MI, Murphy was the actual leader in
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12
Observation-Disclosures Letters.

Mr. Belmont produced "A letter writ
sen by him to President Roosevelt In
1905 and the Presidents reply to the
letter. They discussed Mr. Hearst's and
Mr. Hughess qualities as vote getters
and agreed that Mr.. Hearst wasn't cN-
sctly the kind Of candidate that either
the Republican or Democratic party
could be enthusiastic over. Mr. Bel
mont's letter to President Roosevelt
follows:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12

'J,!A
e,
Nefo
cita'
hut
W'l,a
was
ing
ness
mat
ing.
into
how
mon
q
eala
dent
cIatI
cap
tina
side
!
lloitI
left
otiis
can,
CAV
,iroi
said
gen.
S7
not
t
y h.
TRAD
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-12

''eo
NOR
kim
of |
] H.
en6
!IiI(
rgl
com
tho,
" III
MAJ
tiCr'
on
thai
Cotl
it "
SlItj
the
As
per-
the
mel
froi
the
con
irnl,
in I
weI
Slel
mel
tpr,
the
nun
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wa.
Cor
and
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].
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to
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bar
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