The Washington times., 1915-04-21
Some Sidelights on
Barnes Libel Suit

There Is no denying that the de-
fense Is not overlooking the former
Presidents irresistible personality as an
asset In the case. He is In his best
vein, visibly enjoying a good fight, and
showing impatience only when the in
tricacies OF the law interferes with his
delivery. ..
One of the first things the Colonel did
was to sweep Barnes off his poise and
| send him into laughter in spite Of him
self by the inimitable and wholly unin-
Of all the efforts Of the Albany leader
to keep his face straight, his features
relaxed into a smile. and then loosened
In a broad laugh and for the first time
turned in his chair and looked straight
at his opponent. seeming to forget for
, a moment what 1t was all about.
1t added a little touch of drama to
! the proceedings yesterday when Francis
, Hendricks. Czar OF Onondaga. now in
his eighty-second year and still spryer
, than sixty, came unobtrusiveIy into the
court room and sat against the wall
under Colonel Roosevelt's left shoulder.
1t was Mr.. Hendricks who was named
by Governor Roosevelt to succeed Payn.
And they say up here that Mr.. Hend-
ricks wouldn't be a bit vexed IL Roose-
welt won his case.
When Roosevelt began to trot out the
, Republican skeletons OF 1898 Barnes
set his lips tightly, and. as the testi-
mony progressed he suddenly turned his
| back to Roosevelt and began TO dictate
in rapid-fre fashion in an undcrtone to
! WINS stenographer, Miss Cassie Stone,
reeling out thoughts and recollections
tat came to him, apparently. AS the
coloners recollections refreshed his
mind.
i A little later he turned from Miss
Stone to glare at Colonel Roosevelt ard
by the time the testimony was in full
torrent Mr.. Barnes was fiercely angry.
| He was never the man. they say TO sit
lamblike under the lash, and cen the
patient, easy, confident bearing OF Mr
| Wins failed to soothe him.
A long argument ensued over. the ad-
missibility of certain evidence in which
| Colonel Roosevelts counsel sought to
convince the Justice that there were two
kinds of mitigating evidence, one sort
tending to show the truth of the charges ;
the other tending to show an absence
Of malice.
The entire battery for Barnes Joined
the conference and they had 1t hammer
and tongs, while the colonel was COM com
PEELED to sit idly by seemingly bursting
with eagerness to have n say.
During the argument ne called Mr.:
| Bowers to the witness stand, talked
earnestly. smackng his right fist into
his left palm. and seemed to be annoyed
for the first time during the day. Once,
a little later, he called to Mr.. Bowers,
but Mr.. Bowers did not respond.
Roosevelt twirled his chain, crossed
and recrossed his legs. and wetted i'm
patiently during one Of the arguments.
his lips moving as though he were talk
ing to himself.
somebody ought to give Teddy a
book to read during these arguments,
| whispered one of the spectators back
OF the press tables.
Maybe he's memorizing poetry" was
another hazard.
"Or debating letters" said still an
other.
The colonels perfect teeth and snappy
CLINT of eye formed attractive features
OF his personality when he displayed
real interest in periods of his narrative
or when he ATTEMPTED to straighten out
some of tho legal tangles. caused by
the repeated objections raised by Mr..
! Wins. who was constantly on his feet,
, trying to hold tho colonel down to rules
of evidence, an undertaking that sea-
soned expert found ii most difficult at
times.
| Striving had. Counsel WINS. for Mr..
aBrnes. is trying to block testimony as
J to the politics of the past. He was over
ruled but he came back time and again
! courteously persistent, trying to pin the
colonel down to names and places and
exact dates. trying to dull the possible
effect of the coloneIs emphatic revela-
| tlonS; trying every deVlce master
! or law has at his finger tips.
He prevented testimony about a sup
posed conversation between Barnes and
Colonel Roosevelt as to canal matters
but he couldn't seal the coloners lips
: about tho franchise tax conversations
He tried. but Justice Andrews replied:
why isn't 1t material? This article
/ charges generally corrupt alliance be-
tween Mr.. Barnes and Mr.. Murphy. and
alleges specifically that Mr.. Barnes and
, Mr.. Murphy worked in alliance to make
! connection between crooked business
and crooked politics. If Il can be proved
t that Mr.. Barnes objected to the fran
3 chise tax because the organization was
receiving contributions from men OF
, both parties who expected protection
don't see why it shouldn't be brought
out
r Not unconducive to his enthusiastic
. mood, either. had been the demonstra
tions accorded to him before and be
tween sessions. AS he walked from