New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-21
SAYS T. RS FAME
INTENSIFIED LIBEL
Wins, in Outlining Barnes Case,
Paws Tribute to Influence
Roosevelt Yields.


Syracuse. April 2O.-William NJ.
WINS, counsel for William Barnes, be-
gan the session in the Barnes Roose-
Welt libel suit to-day by outlining his
case to the jury. By reason of rem
nants of ancient law. he said. his eli
ent was able to seek punitive as well
as compensatory damages.
He traced the career of Colonel
Roosevelt from his graduation at Har-
ward to his election to the Presidency
and the subsequent establishment Of
the Progressive party For Colonel
Roosevelt as a writer and historian,
Mr. Wins declared he had profound ad-
miration.
During all of this period" he said.
"hs fluent pen continued most active
He became probably the greatest arbiter
of opinion this country mas ever
known. No single newspaper in the
annals of the nation ever welded the
influence that was his"
MIR. Wins figured that if only one
person read each copy of the newspa-
pers in which the article complained OF
by Mr.. Barnes appeared. Colonel Roose-
Welt had an audience Of Z.628,479. BY
agreement between counsel Mr.. lvins's
figures or circulation were accepted
and the actual copies of between fifty
and sixty newspapers were cot marked
by the stenographc-, although they
were received in evidence.
Mr.. Barnes was bringing suit in pur-
suance of his duty as a citizen, Dir.
WINS declared. for il citizens did not
enforce the law the law became an abb
surdity.
"There is a Law In this state" he
continued, land under Il this plaintiff
has the right to call upon this defend
ant to prove the charges that he has
made; to prove that in making them he
was actuated by high and noble mo-
tive and that what he said was the
truth"
In order TO shaw that malice actu-
ated the attack it might be necessary,
Mr.. Wins declared, 10 give other IN
stances of attacks by Roosevelt upon
the character of Mr.. Barnes, some OF
them subsequent to the statement on
which the suit is based.
William II. Van Benschoten, in his
address, said that in the statement IS,
sued last July Colonel Roosevelt had
sent out call to all citizens to night
abuses which cried to heaven. He read
excerpts from Mr.. Barnes's paper, ne
Albany Evening Journal to show that
"rottenness in state departments was
a matter of common gossip. He read
editorial articles from the same paper
laudatory of Roosevelt.
Mr.. Van Benschoten's address was
frequently interrupted by Mr.. WINS,
who protested that it was summation
rather than an outline of the case he
intended to present. Justice Andrews
agreed with Mr. Wins and warned coun..
sci to confne himself to forecast OF
the case.
While Mr.. Ivins's speech had been
remarkable for its simplicity and
clarity. Mr.. Van Benschoten's verged
on the flowery. There were references
to the little district schoolhouse' cal
culated TO stir the heartstrings OF
jurors. -, ~,
With the calling of John W. Nc
Grath, Colonel Roosevelt's secretary, to
prove that the statement was given out
tv the Colonel for publication Mr.
Wins rested his case. The rest was COW
cred by stipulations except for the
actual proof that the statement was d.
rected against Barnes that he got from
the Colonel.
At the close of the afternoon session
Charles VI. Winchester. vice-presldent
of the ]. b. Lyon Company, Albany,
printers, was called and directed to
allow an accountant to go over the
state accounts on his books. Mr.. win,
chester has twenty-five trunks packed
with ledgers, and at that counsel tor
Colon Roosevelt were not sure that
he haN all they wanted.