The Birmingham age-herald., 1915-04-30
Former President Excused as Witness in Barnes
 Libel Suit
WILLIAM LOEB, JR.,
 ON WITNESS STAND
Says Barnes Told Him of Agreement With Tammany Regarding the Selection of United
 States Senator


 welt was excused from the witness stand today in William Barnes' libel suit after he had told his own story of how he ended the panic of 1907. and had identified letter upon corrupt conditions in New York state, which, it Was represented, was signed by Gov. Charles s. Whitman, when he was dis trict attorney Of New York.
 In this letter it was said that the time was ripe to rid the state of the king of party control" which was mainly responsible for corruption. The allegation also was made that the men and policies responsible for such con ditions were not confined to any one party.
 The name of William Barnes did not appear in the epistle, but Colonel Roosevelt testified he believed the ref crence was to him.
 In the letter Whitman declared that the men and policies responsible for such cor ruption were not confined to any one party, but the colonel said he be believe ed MT. Barnes was referred to-
 William Loeb, Jr., once the colonel's 8 private secretary. also was witness He swore that Barnes had told him that he had an agreement with Charles F. Mur- phy of Tammany Hall not to interfere in the selection of United States senator That was 1911, prior to the time James A. OGorman was chosen. It was while MT. Loeb was on the stand that counsel for the former President made a futile at tempt to get before the jury testimony regarding vice and gambling in Albany
 How Panic Was Stopped
 Of the panic of 1907 the colonel told how Henry c. Prick and Judge E. H. Gary representing the United States Steel cor poration, had come to him in the White House and told him that if J. P Nor gans interests could take over the Ten nessee Coal and Iron company before the exchange opened that morning the stock much of which he held as collateral. inlr mediateiy would become enhanced in value. and the business of the country. Which was trembling on a hair would not be suspended. The colonel told how he took action In the matter and then notified the newspapers of what had been done.
 And he said, with pride the pa aic was stopped"
 During the day. Colonel Roosevelt swore that he had not heard the names of many Of the men who were said to have con- tributed large sums to his campaign fund in 1904, until they were read in court dur ing cross-examination. The colonel also made explanatory statements about his appointment of judges and his relations with former United States Senator Thomas C.. Platt and about speeches he made in which the name of MT. Barnes was mentioned. Asked whether there was an Invisible government while he was governor or President, the colonel an- swered, Not the slightest particle Agnew on Stand George B. Agnew, former state sen- Etor, gave testimony concerning vot- ing in the senate upon race track leg. islation and the manner in which he said Senator Grattan defeated the bill after he had been advised by MT. Barnes how to cast his deciding vote
 Justice Andrews, in a statement made to counsel during arguments, and while the jury was out of the room asserted that no evidence had been pro- duced connecting MT. Barnes with any ''corrupt connivance." in so far as the municipal government of Albany was concerned. Then he added
 Where the libel charges a man with being a thief it is not enough to say simply that the charge is true, but one must set up in the answer the facts if the inference is made. Here the charge ir that MT. Barnes was corrupt in one Fay or another. You are bound not simply to say that the charges are true You are bound to set forth the facts, which, if true would constitute Justification; they lave got to be set forth so that if the facts are true they would show corruption.
 "That you have failed utterly to do with respect to the Albany Lincoln league and gambling conditions, but I am inclined to think you have done it with respect to the printing charges :"
 William I. Twins, chief counsel for William Barnes. said late tonight he had telegraphed to Governor Whitman asking him to appear as a witness in rebuttal and testify regarding the au- thenticity of the letter read today as Governor Whitmans and regarding other matters
 Counsel for Colonel Roosevelt ssid they had submitted the letter to per- sons who were familiar with the gov crnor's signature. who had declared It to be his.
 letter nearly similar to the one introduced was in controversy in New York. prior to the last election There was some doubt at that time whether the latter had actually been written by the then district attorney and he never admitted it. The letter produced today however. was actually signed. the at