The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-20
GIVE NO QUARTER.
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Roosevelt's general counsel, John
Bowers, that Roosevelt's charges
against Barnes were not personal, and
were not meant to impute- personal
dislike might lead to an anicabfe set
Element of the suit were vigorously
denied today.
RooseyeIt's side even went farther.
They declared that Bowers. disclaimer
was not to be considered a weaken
ing" by the Roosevelt side for even as
an overture for a compromise.
upon his original plan of attempting
proof of his charges and barring all
past alleged political iniquities of
Barnes.
Barnes brought a dozen newspaper
men here today to testify regarding
Roosevelt's statements and the
speeches attacking him. Photographic
copies of 70 newspapers and maya
zines from the Atlantic to the Pacific,
in which Roosevelt's charges were
printed, were also submitted
Cheers for the Colonel.
Colonel Roosevelt arrived at the
court house some time before his OPP
ponent. The crowd cheered him as he
alighted from an automobile and the
colonel waved a reply with his hat.
Mr.. WINS began his address by ex-
planning to the jury the subject of
libel and the law pertaining thereto.
He continued:
1--WE must consider the occasion out
of which the alleged libelous matter
arose. The occasion was antecedent
to primary elections in this state last
fall. Who were the principals? The
defendant while member of the as
sembly in the early SOS established a
reputation as an author. He at that
time had begun to make himself a
factor in public affairs. He had more
Influence than any single newspaper"
Mr. WINS then outlined Colonel Roose-
Velt'S political career and added:
During all this time he continued
to be fluent with his pen and gradually
became the greatest factor in Ameri-
can politics"
After pointing out that Mr.. Barnes
and Colonel Roosevelt were both edu-
Gated at Harvard, Mr.. Wins discussed
at length the manner in which they
had entered public life.
when did the interests of the prin-
cipals in this action begin to diverge %
Mr.. WINS went on. "I'll tell you. 1t
was during the gubernatorial cam
paign of 1910. We do not intend to
go into that break just at this time. 1t
is enough to say that a controversy
arose over who would control the con-
vention. The result was that Colonel
Roosevelt was the victor and he OBJ
tanned control of the Republican party
at that time. The Republican party
failed at the election, however.
When He Left the Party.
I'm 1912, the defendant left the
paign between Colonel Roosevelt, Mr..
Wilson and Mr.. Taft are well known
to you. Now to show you how many
people had confidence in Colonel
Roosevelt more than 100000 voters
also left the party with him.
Mr. WINS then discussed the ques-
ton of whether Colonel Roosevelt har-
| bored any malice toward Mr.. Barnes.
1--WE intend to show that he did
| hold malice by showing that Hbelous
| statements were issued by him during
period covering several years.
| Mr.. WINS dwelt upon the legality of
the position as chairman of the Re
/ publican state committee which MI
/ Barnes occupied. He then went into
an explanation of the last guberna-
| torial campaign and read the state
ment on which the suit is based.
/ Are the allegations true or are
| they not?'' he asked. IF they are the
plaintiff has no standing in this court
If the allegations are false then it is
the duty of you gentlemen to pass on
! the question of damages In this con-
| nection I believe the court will in
| struct that there is no privilege to de-
j fame any man.
i Mr.. WINS referred to Colonel Roose-
welt as zone of the country'S greatest