The Washington herald., 1915-05-12

was anything more than a small-time
boss. Belmont sprung a letter. showing
how he and Roosevelt got together in
| 1906 to coach Hughes as to a labor policy.
Running Neck and Neck.
! The bolt from the bench fell on the
Roosevelt forces early in the afternoon
Justice Andrews rulings on the admssi-
hility OF testimony had been about fifty
fifty up to that time. He had stricken
out the testimony of Senators Newcombe
and Davenport about Barnes part In the
! primary vote. He had allowed to 70 10
the jury the Colonels testimony con-
cerninC conversations with Barnes on the
primary lis and on the unfitness of the
'rif-rar to rule
| Henry r. Wolff for Barnes had
moved to strike out al the printing testi-
mony. the chief reliance OF the defense
Against this motion Bowers and Van
Benschoten. for Roosevelt. fired prolong-
| Cd volleys of eloauence. William NJ.
WINS. Barres' chief OF stan. got in a last
brief word,
Then the JUSTICE said: Il shall not sub
nit to the jury as justifica ton of this
libel any OF the evidence with regard to
this Albany printing situation"
Good Testimony Ruined.
1t was not much of a sentence, but
IL meant:
That the letter written by Barnes to
Roosevelt. complaining of the ruin the
Colonels impending advocacy of a
state printing house would cause: the
admitted fact that Barnes got $4,000
per year salary from the J. B. Lyon
Company. and all the testimony con-
cerning Barnes commissions from the
Lyon Company. and that concerns deal
ings with the State might as we'll have
been omitted.
None of this Barnes will be called
upon to dispute. None of it will he be
required to explain or justify. And the
jury, after instructions from the court.
will be expected to forget IL and turn
to the other considerations still left in
the case.
Barnes to Talk To-day.
1t was made clear later by the JUS
tice that this matter was stricken out
because of failure on the part of the
Colonel to show conclusively, first. that
there had been corruption in these mat
ters: second, that Barnes had profited
by it. and. third. that it had been
brought about because of his political
influence.
Most Of the testimony brought out came
to the ColOners attention after he had
made his attack on Barnes 1t could
not therefore he held to justify such an
attack. The only printing matters with
which he was familiar were contained
in the Bayne report on printing in AL
bany. which is held to reflect on Barnes.
The portions of this report that were
read into the record were permitted to
stand. in mitigation OF damages. but not
in justification of the libel
The effect of the decision. besides cast
ing a heavy blight over the hopes and
spirits of the Roosevelt contingent, will
he to shorten the trial by several days.
1t is expected now that Barnes may 20
on the stand late tomorrow afternoon
and conclude his testimony Thursday
night or Friday morning. The case may
get to the jury Saturday in that event.
Col. Roosevelt was frankly disturbed
by this unexpected destruction Of hts
trenches. His lawyers had worked hara
on the printing evidence. They believed
that they had Barnes hopelessly entan-
gled in it. And the Colonel echoed that
belief.
Colonel Serious.
He grew very serious as the judge de-
livered the few words that meant SO
much to him. and left the courtroom with
a grave face. He had no comment to
make. Some OF his friends sought to
cheer him by pointing out that though
the printing evidence will not go to the
jury it had all gone to the public
The three first witnesses in rebuttal
were all first magnitude stars. Frances
Lynde Stetson. who organized the Steel
Trust for ]. p. Morgan. was the first.
Stetson was the man who gave aid and
comfort to the Democratic insurgent band
In their successful fight to keep Sheehan
out of the Senatorship in 1911
Dressed to the minute. notwithstanding
his many years, he made an imposing
figure In the chai1 white-haired and
white -mustached. and face that match
ed both in hue. He said. though friendly
to Sheehan. he was opposed to his
candidacy. Then he told how he had
gone to Barnes as an emissary Of the In
surgents and asked Barnes influence to
get the Republicans to support Martin
II. Glynn, Martin w. Littleton, Isidore
Straus, John d. Herman. or Thomas Mott
Osborne, all Democrats for Senator.
Barnes, said Mr.. Stetson. objected to
Olynn on personal grounds. to Littleton
because he was afraid Tammany might |
control him, and to Straus because Of the |
same. He also objected to Kiernan but |
aid he would consider Osborne.
The object of this testimony was. Of
course, to disprove the Colonefs charge |
that Barnes Mas sitting tight to help
Murphy elect Sheehan.
Sheehan. who through the early hours |