New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-12
BARNES PRINTING
SCANDALBARRED;
T.R. IS HARD HIT
Colonel Ignorant of Evi-
dence Prior to PubliCa-
ton of Libel, Court Finds.
JUSTICES RULING
WILL SHORTEN TRIAL
Plaintiff Starts Pcbuttal- Shee-
han. Stetson, Belmont Testify
T. r. Wins One Point.

T. X. Wins One Point.
From s;sr Co-Tespooi,-t - The T-'s'o,l
Syracuse. May H. Following a stag
gering blow 70 the defence, in which
all the printing evidence offered in
justification was ruled out, the rcbut-
tai of William Barnes IN his $4,000
libel suit against Colonel Roosevelt
began az 8 o'clock this afternoon.
Like house OF cards was SWEPT
away the carefully wrought fabric Of
testimony intended 20 show that the
plaintiff had for sixteen years prohted
through state. county and city printing
contracts in Albany, obtained at Excess
sive prices through his political inhu-
ence. Justice Andrews said he would
permit 20 remain only tina, part Of the
Bayne report dealing with the print
ing situation and that only in mitica-
tion Of damages.
The ruling was based on the theory
that Colonel Roosevelt had not heard
many Of the particulars Of the printing
BONANZA prior 10 the publication Of his
alleged libellous article last July. The
Bayne report had been brought 70 his
attention.
On the other hand, the Colonel won
a point when the court. defining his
idea Of the word Corrupt" held that
the defence seemed 20 have established
one Improper" or Corrupt under
standing between Nj Barnes and
Charles F. Murphy IN the contest over
the election Of United States Senator
in 1911. Upon the definition Of this
word seems TO hang the single point
that remains in justification.
The elimination o. The printing evil
dence will materially shorten the trial,
az otherwise the plaintiff would have
had to call scores of witnesses in re-
buttal
benjamin Franklin" Barnes.
Benjamin Franklin Barnes was the
picture drawn by William ". WINS, his
counsel. in arguing for the striking out
of the dangerous printing evidence.
Reading q selection from Franklin, in
which the latter told how his position
az clerk Of the General Assembly in
1885 was Of great value because II Cd
tanned for him the legislative printing
which. on the whole. was very proht-
able" counsel declared:
las pubic printer the plaintif was
in the business for natural and proper
profits. and not for the purpose OF be
ing what we might call a typothe
Carnegie. g,
In rebuttsl the three witnesses heard
to-day were Francis Lynde Stetson and
William f. Sheehan. on the latter's
candidacy for the Senate, in 1911, and
August Belmont. who told OF his visit
20 Colonel Roosevelt in the White
House in 1908 10 secure his influence
against the anti-racetrack bill. Inc
fnancier was permitted 20 read CORE
spondence between himself and Presl-
dent Roosevelt in regard 20 his support
Of Governor Hughes IN the 1905 cam
paign.
Although p member Of the Demo
cratic party. he looked upon the can
didacy Of William Randolph Hearst. us
candidate. as menace. lie suggested
10 the President that Governor hugheS
come out strongly for labor legislation
Wr1cn kOONtNfIN 0AI' wa ''''N
hes, suggestions he had received.
Rarnes Considered Osborne's Candi-
dacy.
II developed in the testimony o. Mr..
Stetson that ne secured the promise OF
Mr.. Barnes 20 consider seriously the
possibility Of having the Republicans
ioin in voting for Thomas Mott Us
borne. independent Democrat. in an
effort TO defeat Mr. Sheehan.
When they were not on the stand MI.
Stetson chatted amicably with the man
whose Senatorial ambitions he did so
much 70 blast. Mr.. Shechan was per
fectly willing 20 acknowledge that he
had the support Of Murphy. but not
that he was the Murphy candidate. At
tempting 10 qualify him as an expert
on Democratic political affairs in this
state. Mr.. WINS carried the witness
through recital of his participation
in its affairs.
"Were YOU ever Democratic leader
of Buffalo," he asked
The witness replied:
az was so recognized by some.
think that was back in 1888"
Shechan His Own Candidate.
"Whose candidate for the Senate
were you ?" shot out Mr.. WINS.
81 was nv own" came the answer
without a shadow Of a smile. But the
spectators laughed so loudly that the
Justice had TO bang his gavel several
times.
Mr.. Shcehan said he had taken an
active part in the election OF the Dem.
ocratic Legislature that year. and had
announced his candidacy for the Cnitec
States Senate some weeks later. lie