Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-05-21
New York Justice Delivers I'M
partial Charge, Explaining
That Sole Question Is One
of Rough Riders Veracity,
STATEMENTS lIBEL0US
UNLESS THEY ARE JUST
Attorney Wins Shows Himself
Master of Invective When
He MercileSSIy DiSSectS the
Character of Defendant,

lev MORNING JOURNAL ePsoiAL LEssso wiss
Syracuse, n. Y, May 20.--Fhe hurry
chosen 30 determine whether Theo-
: dore Roosevelt libelled William
( Barnes, aud If so. what sum is com
, mensurate with the damage sustained
!, by the latter, was locked up at 11:27
! tonight after it had failed tonight to
reach a verdict after seven hours' OF
, deliberation. A request involving
, politics was made by one of the jurors
on the single occasion when he and
his companions were brought back
into the courtroom
1 Juror No. 3--Walter j. Zuill. a
Syracuse manufactures and progress
sive--asked Justice william S. An
drews, who has presided at the trial
Il of Mr.Barnes suit, to reiterate that
part of his charge in which he said
that the iurymen would not be per-
forming their sworn duty if they con-
sidered politics or allowed their in
dividual political beliefs TO play any
part in the reaching Of a verdict.
The jury retired ut 3:45 o'clock this
afternoon, after William NJ. lvlns,
chief counsel for Mr.. Barnes had
summed up the case Of the plaintiff
and Justice Andrews had delivered his
charge.
Inquiry of Juror.
When at o'clock no word had
come from the jury room, Justice
Andrews sent for the twelve men,
Then Juror No. 3 addressed the court
| in part as follows:
/ II don't know but what 1t would he
| a good idea If you would repeat that
| part of your charge in which YOU said
. that no political opinion Of our OWN
should in any way affect us in reach
ing a verdict That we should over
! come all personal preiudices; that In
reaching decision we should consid-
ter nothing but the evidence and that
alone.
| Justice Andrews replied that he
thought the jury surely must under
stand that it would not be performing
! its duty if it did otherwise. He then
announced that he would adjourn
court until 10 o'clock tomorrow morn
/ ing when Il verdict If found during
| the interval, would be received.
! The jury then retired until CLOCK,
when the twelve men left the building
! for dinner. Upon their return in half
I an hour they resumed their delibera-
; tions behind locked doors.
I The legal issue between William
! Barnes and Theodore Roosevelt
went to the jury this afternoon
after Justice Andrews. presiding
! in the supreme court here at
| the trial of the suit for libel the
| former chairman of the republican
state committee brought against the
former president of the United States,
had delivered his charge The case
was given to the jury at S:1l o'clock.
AT the opening of the afternoon ses-
sion Justice Andrews delivered his
charge to the jury. lie said. in part
Charge by tho Judge.
ITO publish falsely any article that
holds "a man up to ridicule and dis
grace and to injure his character is
libel The intention or object of the
libel must not be taken into consid-
GRAFTON.
Because he is in public life he is
not an outlaw and he can be libelled
just the same as any other citizen. No
question or privilege enters into this
case.
when charges are made against
a man if they are true that Is suffi-
cient defense. Any one has Il right to
publish anything about any other
man IL It is true. The whole law con-
cerning libel is woven around the
question of whether the charge made
Is true or not"
Justice Andrews then explained the !
points of the libel law in detail. In |
this connection he said.
Burden of Proof Stated.
The burden of proof IL on the de- !
fendant. He must show by a pre-
ponderance of truth that the charge |
made is true. He may justify his |
charge in whole or In part"
Tn. In nt,,t, h. 8
punitive damages the court said |
punitive damages may be awarded
when malice and wanton disregard OF /
the plaintiffs rights are shown. Such |
damages, he added, are In the nature
of fine to prevent the repetition Of |
the offense rather than compensation |
TO the plaintiff for damages sustained
If any.
''As for the article complained of,
have held it is libelous per Sc in
two regards. 1t charges 4 corrupt
political alliance between Mr. Barnes
and Mr., Murphy in regard to the
government Of the state. Secondly, it
charges Mr.. Barnes has worked
through a corrupt alliance between
crooked business and crooked politics
Nothing else in the article Is libelous."
Are Charges True?
"The only question you have to
consider is are the charges true?'
Consider the first charge. I have
said that the word corrupt does not
mean Illicit pecuniary
gain. 1t may mean tainted or per-
verted, or dishonest. 1t is for YOU to
DECIDE whether the charge is true.
Has the defendant proved its truth?
Take the election of Mr. Aids, the
race track legislation the administra-
tion Of Governor Hughes Mr. Barnes
mad right to oppose or favor any
thing he wished
You should consider, however, the
testimony in regard to the senatorial
situation of 1911. This question
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