The Washington times., 1915-04-22
T|LTS PRESAGEDA AS
T.R. GOES ON GRILL
Cross-Examination Begins Very
TameIy, But Clashes Are
Expected Soon.
Continued from First Page.)

Continued from First Page.)
! were offered to mitigate damages claim
ed by Barnes, and not received as jusu-
fication evidence in proof Of the alleged
libel.
| The biggest crowd Of the trial struggled
| for seats today. A third were women.
AS usual, Roosevelt arrived early and
conferred with Loeb and Senators Ag-
\ new and Newcomb. 1t was announced
that Loeb would testify when the
| coloners examination was concluded.
Roosevelt was inv high spirits. lie
oozed exuberance, laughing and joking
and pounding friends on the back. He
appeared to welcome his grilling.
Attorney WINS, his questioner, cele-
| bratcd his sixty-fourth birthday and the
forty-third anniversary of his admission
4 to the bar.
| A conference of attorneys with JUS
| tice Andrews on admitting parts of the
! Bayne report delayed court convening
| nearly half an hour.
Rules In Barnes Favor.
Justice Andrews again ruled in favor
! of Barnes, excluding all of the Bayne
| report, except that bearing on alleged
Albany printing graft. He excluded GER
| tain parts dealing with alleged local
graft and vice in Albany and local politi-
cal conditions.
lie ruled that the report was only
| in mitigation of punitive damages, and
not in justification of Roosevelts
| charges.
The admitted portions were read to
the jury by Attorney VanBenschoten.
| delaying Roosevelt's examination.
The report. made to the senate in
| 1912. said that Barnes personally profit
ed from the alleged printing graft by
owning the Albany Journal and stock
tracts given bv the journal to the Ar
gus Company, 'the alleged printing
ring. 80
Extravaganza Alleged.
That extravagant prices were paid
| for printing to the ring. was alleged
Barnes followed the reading of the re-
port closely. Roosevelt listened care
fully. Barnes sat nearer the colonel
than on the first day of the trial, but.
as usual. turned his back on the de-
| fendant.
| "A sham. farce, and fraud" was how
| the printing contracts were denounced
| by the Bayne body, and said Barnes
was an immediate beneficiary of the
| graft
This was the first testimony in the
case upon Roosevelts charges of per
| sonal corruption against Barnes, and
testimony which the plaintiff vainly
| sought to keep out.
The most conspicuous beneficiary OF
this graft we find to be William Barnes.
the Bayne committee, composed Of four
Democrats and one Republican. declared.
Suit Was Urged.
Stating that Barnes printing company
! "unlawfully" secured money on con-
tracts with the State and that Barnes
| refused to answer the committees ques-
tions. suit against the Barnes company
was urged.
All other parts of the Bayne report,
particularly those dealing with Albany
vice, graft and political conditions, were
| e!Scluded
Justice Andrews admitted only a part
Of an attack upon Barnes in Golfers
Wsekly In 1912. read to the Jury, reciting
Barnes alleged orders to Senator Graf
tan TO vote against the Agnew-Har
anti-race track bill. thus defeating it,
The article said former Senator Nc
Caren, Democratic boss" of Brooklyn.
paid night call to Barnes house to
enlist the Republican leader in opposi-
! tion to the racing measure. Justice An
drews admitted. in mitigation Of dam
ages, another Golfers attack upon
| Barnes, reciting how a s2S6,OO contract
| was let to a printing company in which
! Barnes was interested.
| Other newspaper and magazine ar
! ticlcs alleging a Barnes Murphy po-
litical- business alliance, also were ad-
mtted and read to the jury.
T. r. Believe Them.
| The theory upon which these various
articles we're admitted was that Roose-
welt read and believed them. thus. be-
| ing in mitigation of damage as tending
| to prove Roosevelt's good faith and
| state of mind in making the alleged
| libel charges and also his alleged lack
OF personal malice against Barnes.
| Justice Andrews ruled specifically
| that such articles were not evidence to
| justify the alleged libel.
| Roosevelt was called for examination
| at II :S5. but before proceeding, his at
torney had him elaborate on direct ex-
animation regarding Barnes opposition
| to a State printing establishment.
| He said Barnes said such a plan
| would be "socialistic." He said he did
not remember il Barnes said such a
| plant would hurt him financially.
| Regarding his alleged libel statement,
| Roosevelt said:
II desired and believed it would be
published in its entirety in New York
city and. | hoped. throughout the
State; l believe it would receive sure
| publicity outside the State. I wanted
1t read principally by the voters of the
| State"
No Other Means.
| Il knew OF no other means by which
! | could reach them"
| AS his examination began, Roosevelt S
| Jaw set firmly and he almost glared at
| Attorney lvins. He squared around IN
/, his CHAIR and threw back his shoulders.
Barnes took a seat in full view Of