The Washington herald., 1915-05-04

out of the fire. This testimony did not
help the bipartisan cahrGe against
barnes any. and Mr.. Arndt was allowed
to go his way.
Most of the day was taken UP in
an Intellectual attempt to get from
Barnes friends and employees "a
missions that the Albany editor was
unduly sharing in the printing con-
tracts in Albany. Very little was &C
complished Such information as these
people had they preferred to keep to
themselves. There was a great deal
that they did not remember.
The attempt to call Barnes to the
stand came when Franklin Orally,
ca shier and treasurer of Barnes AL
hany Journal Company. testified that
Barnes had all the books wanted as
evidence.
why don't you call Mr.. Barnes ir
you want to find out about those
hooks" inquired WINS.
I'd rather cross-examine him than
make him my witness" said Bowers.
But will call him. Mr.. Barnes,
please take the stand.
Barnes rose in amazement and
strolled over to the chair. but Mr..
Bowers changed his mind and the
justice encouraged him in the change.
1t would be better for him to testify
books said the court
'Nerv we'll. said Bowers, and it was
ordered.
According 10 court practice If Bowers
makes Barnes his own witness he can
not impeaCh his testimony. but must
accept everything he says. In this case,
however. according to the legal authori-
ties here gathered, if Barnes is asked
only to identify the books. and no 1ues-
Sl, cd ahOnf them n him
nc must he called by his own lawyers to
tell his chief story. and Bowers will not
hc denied the privilege Of cross-eXamina-
tiun.
According to present plans, he will go
on early tomorrow and a battle about
what can he done to him in the line Of
questions is sure TO follow forthwith.
Mr. Rooscvelts start for the chair was
made when Justice Andrews recalled a
ruling made early in the trial for the
purpose of correcting IT.
In effect the Justice In his amended
ruling held that the Roosevelt people can
introduce testimony not alluded to i'm the
pleading to prove that there was no NAL
i, e in making the attack. Also that the
Barnes people can enjoy the same privi-
lesc in showing that there was malice.
Day Promises Big.
Roosevelt while on the stand was not
allowed to explain many of the attacks
he made on Barnes, as he sought to DO
to show that they were not malicious.
His trip to the witness stand and return
was made directly the ruling was de-
livered but he was asked to postpone his
till tomorrow.
1t will now be possible for Roosevelt
to give in full the speeches he made
a bout Barnes. Before. only such por-
tons of them as were bitterly denunctory
were admitted into evidence. Also
Barnes will be permitted to show. il he
can. that Roosevelt had his attacks re-
published and that they were inspired
by personal venom.
The change in the ruling adds to the
likelihood of Barnes calling Gov. Whit
man. Tomorrow's session with the two
stars on the stand and with fourteen
new chapters from Mr.. Platt's fascinating
orrespondence book promises better than
any day of the trial. Both camps are
plunged into a fresh frenzy of excite
ment tonight and the SPECTATORS who
have never missed performance are
resting serene in the hope that joy
cometh with the morrow.