New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-30

I iVduVI OF inc democrats, 1urnlSncd inc
votes necessary TO elect Aids
Later, on cross-cNamination, Mr.
WINS tried to bring out the fact that
II was not necessary 10 have twenty
five. majority Of the entire Senate,
simply the majority of q quorum, in
order 10 select president pro ten.
Senator Agnew said he did not know of
that point. and had never heard Of il.
Mr.. WINS asked the witness II he
had testified TO all his conversation
with Mr.. Barnes on the racetrack bill.
NO, he said. Mr.. WINS did not
press this roint. hut MIR. Van Ben
schoten urged him 10 tell il all.
81 told Mr.. Barnes" the Senator said,
that had come to his house because |
wanted TO know whether his attitude
was correctly stated. ! told him | had
always stuck 70 him because believed
him TO be man of his word. and that
if he had broken his word by making
through with him Whcrcupon Mr..
RarneS asked him to luncheon, but he
declined.
81 move to strike out all the testi-
mony about Grattan and Aids" said
MIR. WINS, "in that il does not consti-
tute a justification and does not show
any conspiracy on the part of Mr..
Barnes. and has no bearing on the re-
lation of crooked business and crooked
politics"
The motion was denied. but when
William Loeb went on the stand a mo-
ment later the entire question of jusu-
fication was brought up in a long argu-
ment between counsel, when an effort
was made 10 get his testimony as to
moral conditions in Albany.
William Loeb Takes Stand.
Mr. Loeb. who said he had been pri-
vate steuographer 70 Governor Roose-
welt in 1899. when he first got to know
him, and later had become secretary.
then assistant secretary and secretary
TO the President in Washington, said
his present business WAS mining and
smelling. He had known the plaintiff
since he returned TO Albany after his
graduation at Harvard. He had kept
his voting residence in Albany up to
six years ago. and was familiar with
conditions there.
"Did you ever have a conversation
with the plaintiff in regard to his
power and control of the city of Albany
and his acts therein in 1922 Mr.. Loeb
was asked.
Mr.. WINS objected. and the court
asked why the ConOlllOn Ol poiiIiCo III
Albany was material.
Because" said Mr.. Van Benschoten,
ain the article it is said of Mr.. Barnes
that he and Mr.. Murphy are of the
same moral and political type. II we
find Mr.. Barnes making political com
binations TO keep himself and his or
ganization in power that comes we'll
within the meaning of the words
The court said that the attempts to
justify the publication would have to
be confined to charges in regard TO the
state government.
Il agree" said Mr.. Wins, that the
point here is of the moral and political
identity of Mr.. Barnes and Mr.. Murphy:
But | submit that to prove Identity OF
type is not susceptible Of proof
1t was argued by Mr.. Bowers that
/ nasmuch as the charge was general 1t
would be necessary TO have wide iati-
tude in the attempt 20 justify II; that
il was important to bring out condi-
tions in Albany, because that was the
capital of the state.
'If this is TO continue broke in Mr.:
WINS, 81 shall ask that the jury retire"
Jury Asked to Retire.
81 agree with YOU" smiled Justice
Andrews, and the jury filed out
while legal technicalities were
discussed back and forth for an hour.
Almost every lawyer in the case took
part at one time or another.
Mr.. Bowers pointed TO the allega-
tions in the defence that the Lincoln
League. Barnes organization, assessed
its members who held public Offices a
certain percentage of their salaries.
Justice Andrews said he did not
know that such thing was contrary
to the corrupt practices act, and ~ II
was not the evidence was not material.
"If everything we can prove is linn
tied by the Penal Code" declared Mr..
Bowers, Il submit that no fair con-
struction can be given to the article.
If this man founded the Lincoln
League, l hold we should be permitted
to prove it,"
Reference was made TO the allegation
in the defence that members of the
Barnes political organization had re-
ceived work in gambling houses, but
the court said that was not material,
nor could it be if Mr.. Barnes knew
about it and did nothing, a. he might
have good reasons for his actions.
There is some reference TO the fact
that Mr.. Barnes knew about vice condl-
tlOns in Albany, SAID MT. WINS, SdrcaS-
tically. Since the time Of Ecclesiastes
and the Epistle to the -.omans every
body knows that vice exists. That
doesn't make Mr.. Barnes or Mr.. Muir
ply responsible"
"If there was vice in Albany it was
there when the Colonel was there as
Governor. He should have known
about it, and should have been just the
man to stop it. At that time there was
no Rule of Righteousness.
Fought Like a Lamb.
"When Mr.. Bowers made his motion
10 dismiss the complaint at the open
ING of the trial." Mr.. Wins added, "he
did not think anything he thinks now.
He did not even charge that Mr. Muir
phv and Mr.. Barnes had any part in
rotten government. The article was
a mere political argument, and there
was no malice in il. The Colonel was
kindly and gentle, fighting like
lamb"
Counsel defining the woII "corrup-
ton" declared that the manifest de-
ficiencies of political parties were not
corruption; they were imbecilities.
The court ruled that the defence had
absolutely failed to bring in any proof
that Mr.. Barnes was corrupt either be
cause of the Lincoln League or gam
Il. Il. %