New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-19

close connection with the regular ma
chine in Syracuse.
Each side has six peremptory chai-
lenges fewer thar in criminal trial
Talesmen will be excused by consent
of both sides, or the presiding justice
may excuse any one he believes I'M
qualified for any reason whatever.
Programme of the Case.
Il is conceded by each side that the
getting of jury and the presentation
Of the case OF the plaintiff viii take
at least two days, possibly more. Be
cause of an agreement between cOun-
sell it will be an easy matter for Will
lam VI. Wins to present the case lie
will call John McGrath, secretary TO
Colonel Roosevelt, TO prove that the
alleged libellous statement was die
tated by the Colonel, with Instructions
to give it TO the representatives o. the
men may be called to testify that they
received copies Of the statement and
sent them 10 their Offices.
Next it will be necessary TO prove
publication and circulation. Ordinarily
il would be necessary TO produce me
circulation managers of each paper in
agreement the circulation contained
in a newspaper directory will be con
sidcred as proof on that point Copies
of sixty-eight papers which published
the statement in full will be presented.
with afiidavits Of their purchase.
Although counsel ON neither side has
consented to outline the coursa they
intend 70 take, Ii - understood on the
best Of authority hat counsel for
Colonel Roosevelt will move 90 iisml- !.
the complaint. IL that b. ue0icG. coU1r
So. for Mr.. Barnes viii move to dis
miss the answer. Should that notion
be granted. u would be tantamoIut 20
q declaration by the justice Jnat there
was no adequate answer. All that
would be left would be for the jury
to assess the damages.
These or other motions may be made
at any time before the defence starts
tO put ia its case. Before that the
opening viii be made by Nr. WINS for
th. plaintiff and the opening for the
defence either by Nr. Bowers o. Nr.
Van Ben,cloten.
As libel cares are different from
other suits. in that III. burden Of proof
rests Oh the defendant. he defence
VIII Next Tut In Its case. On the ev-
tent of this case viii depend the length
Of the trial. The lorJts. time figured
By either side. ii the case goes through
TO the jury, is two weeks.
Digging Into Bar1es's Record.
Colonel kooseyelts staff has been
engaged since last August in digging
into the record Of Mr. Barnes and his
political activities. William Loeb. who
Oh. D.. b..
the Colonel was in the White House,
has been active in mapping out these
investigated The an swer indicates
part Of the acts Of the former chair
man Of the Republican State Commit
tee that the defence will try to prove.
but the Colonies lawyers have pre-
pared to 90 into many other things.
They will probably keep the Justice
busy ruling on questions of admissl-
bIity.
The plaintiffs counsel have been kent
in the dark as 70 what these additional
lines OF evidence are. but they have re-
ceived limitations "a 70 some Of them.
and are prepared 70 answer the at
tacks. They have prepared answers for
several things that may never be
entered into by the defence
When the defence's case is in. the
plaintiff Will proceed with rebuttai. If
this develops any new points the de-
fence may have the case reopened for
what Is known as surrebuttal. Then
the defence and the plaintiff will sum
up in that order, the justice will de-
liver his charge, and some part Of the
political destinies Of the Colonel and
Mr.. Barnes will De placed in the hands
OF an Onondaga County jury.
! dozen or more boxes and trunks
containing the books and documents 10
be used IN the trial have been received.
There would have been many more had
Il not been for an agreement between
counsel on each side 10 accept as evil
dence photographs Of newspape. ar
ticles. This has made il unnecessary
to bring here scores of volumes OF