Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-04-22

nooseNt it t1ttTtu puDilt liit' w INV 49,
WINS was talking Mr.. Barnes arrived In
court and took a scat at the table oc-
cupied by his counsel
when did the interests Of the princi-
pals in this action begin to diNergeE
Mr. Wins went on. "lll tell you. II
was during the gubernatorial campaign
of 1910 we do not intend to go into
that break Just at this time. 1t Is
enough to say that controversy arose
over who would control the convention
The result was that Colonel Roosevelt
was the victor and he obtained contro
OF the Republican party at that time
The Republican party failed at the cleo
ton, however. The Democratic party
has been in power in this state from
then until Governor Whitman was
elected.
LEFT HIS PARTY.
"ln 1919 the defendant left the party
and the details of the great campaign
between Colonel Roosevelt, Mr. Wilson
and Mr. Taft are well known to YOU
Now. to show You how many people had
confidence in Col. Roosevelt, more thar
four million voters also left the party
with him
Mr. Wins then discussed at some length
the question of whether Col. Roosevelt
harbored any malice toward Mr. Barnes
I'VE intend to produce evidence here
to show that he did hold malice by show.
ing that libelous tatements were issued
by him over period covering several
years
Mr.. WINS dwelt upon the legality Of
the position as state chairman, Mr.
Barnes occupied. He then went into a.,
explanation of the last gubernatorial cam
paign and read the statement upon whcf
this suit is based. He then continued:
Are the allegations true or are they
not? II they are. the plaintiff has M
standing in this court, If the allegations
are false then it is the duty of Not
gentlemen to pass upon the question o.
the court will instruct that there is NJ
privilege to defame any man"
WAS QUALIFIED FOR ATTACK.
Mr.. Wins referred to Col. Roosevelt a:
one OF the countrys greatest historians
and authors. Then he said;
He used combination of his maRnif
icent command OF the English Language
d1lu his tNJeTltfItt III polItitS W IIldhc tiii'
attack
II shall show YOU that with his con
troll of publication at least -four million
persons and probably more had acces.
to the newspapers Of this country il
which the statement was printed. Be
cause he was the most powerful polite
nj and intellectual factor in the United
states he was bile to secure wider pub
LEGATION of his remarks than any othe,
citizen could.
Now he is here and he will have Il
prove his own truthfulness to your salts
faction.
AN answer has been filed to tn
complaint. Yesterday in the motion
to dismiss counsel for Colonel Roose
welt said nothing personal was mean
to Mr. Barnes and Mr.. Murphy in tn
allegations and that those names wer
what might be termed algebraic terms
l want you gentlemen to pay particu
lar attention to the evidence offere,
by the defendant and determine 70
yourselves whether anything persona
was meant.
in the answer the defendant admit
he secured wide circulation for tn
| statement compla med of. AS jus
defense he sets forth matter OF justi
tication, and then in general terms re
alleges the general statements in tn
/ original complaint
At that point Justice Andrews in
terrupted to say that it was possibl
that some of the matter of defens
| might not be admitted and that 70
that reason it would be unwise to dis
( cuss in detail the matter in the an
swcr to the complaint. Mr.. Wins re
piled that he was prepared to objec
to any Of the defense's set down Il
the answer being admitted to evi
dence. lie then ceased to discuss tn
document
! by Mr.. Bowers.
| Colonel Roosevelt" said Mr. Bower.
did YOU tell MI Barnes YOU intende
to send a message to the Legislator
advocating the passage Of tho franchis
tax bill?"
II don't Just remember" replied tn
witness
COLONEL AT EASE.
| Colonel Roosevelt seemed to be YER
much at his ease, He spread his arm
over the back of his chair and crosse
one leg over the other.
After the bill was passed the Wit
ness continued, Mr.. Barnes urged me t
follow Senator Platt's advice and refus
to sign the franchise bill. Mr.. Barne
said he made the request in the inter
est of the general public. He also aske
me not to back the bill"
| Did Mr.. Barnes ever talk to you abou
re-appointing Louis F, Payne as superir
tendent OF insurance? asked Mr.. Bower'
| Yes" replied the witness, He talk
ed to me several times about Payn in tn
executive mansion and other places
was contemplating the removal of Nj
Payn and Mr. Barnes was opposed
| that So was Senator Plat Mr.. Barne
told me he was against Mr.. Payn and sal
he had advised Mr.. Plat to insist upo
Mr.. Pawn But Ire added that Mr. Plat
was the head Of the organization an
should be backed up. Mr.. Barnes sal
that Mr.. Platts reasons for wanting NJ
Payn retained was that Mr. Payn stoc
in the good graces Of men who We're hig
| up in business affairs"
There was some legal discussion at tn
point before Colonel Roosevelt was ALLOW
ed to answer further questions ahol
Mr.. Payn.
Il had talk with Senator Plat an
! he told me that | would be beaten G
/ confirmation of any man I might decif
upon to take Nj, payn's place. I to-
that to Mr., Barnes and he said Senate
Plat was right and that Payn must