Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-30

me upon my return from South America,
in May, 1914
The letter was offered in evidence.
Justice Andrews read the letter. which
was written by Charles S. Whitman. now
governor Of New York, but then district
attorney OF New York county.
Mr.. WINS objected on the ground that
Mr. Whitman was not a party to this
action and that the letter did not men
ton MIR Barnes specifically. The court
ruled that if the Colonel said he relied
upon the letter and believed what Mr..
Whitman wrote. part Of ii would be
received in evidence. The Colonel said
he did so believe and the letter was read,
in part, as follows:
In line with our last talk, I agreed
alliance Of the progressive republic
cans and members Of the National
progressive party, as well as of all
good citizens sharing their opinions,
to rid the state Of the kind Of party
control which is mainly responsible
for corrupt conditions which have
been clearly shown in the various ex-
aminations and investigations which
have been had during the past year,
These conditions are not localized
and the men and the policies respon-
sible for them not confined to any one
party"
Did you understand that letter re-
ferred to the plaintiff here?''
Il did"
A letter written by Harvey D. Hin
man, member of the assembly, dur
ing the 1914 campaign also was pro-
duced In it he said he thought the
leaders should step down.
That ended the redirect examina =
tion Of the witness. Counsel for MI
Barnes Immediately began the re-
cross examination, and Col. Roosevelt
was asked:
Was the Mr.. Root who presided Il
the Chicago convention the same ona
who in 1925 made a speech about your
tax affidavit"
An objection was sustained.
Then Col Roosevelt was asked:
Was the name Elihu Root?'
1T was" replied the Colonel.
After few more questions the Col
onel was excused from the stand.
Philip V. l. Schuyler Of New York,
an employe in the law department O
tire Mutual Insurance Co. was then
called.
At the afternoon session M.
Schuyler said il was the custom of his
company to destroy bills after ten
years but 10 keep correspondence. He
was excused
Hush's Message
The message of Governor Hughes
about the race tracks was offered IA
evidence.
is this in relation to the Hart-Ag-
new racing bill?" asked Justice An
drews
IT is" answered counsel for Colon
el Roosevelt.
Justice Andrews said he could not
see that the message was material
and it was excluded.
Colonel Roosevelt occupied a seat
II the counsel table this afternoon.
Mr.. Barnes appeared to be busy TAX
ing notes.
George B Agnew Of New York was
called as a witness. He said he was
d state senator from 1907 to 1910.
lie told of introducing bills regarding;
the race track question.
THE measures were designed to
stop race track gambling" said the
former senator. There were three
bills knew Senator Grattan
from Albany county. / had talk
with Senator Grattan, who promise /
to support the bill before il came up.
On tie day the bills came up, during
a recess. l saw Mr.. Barnes at his
home ! told him his senator, Graft
tan. had come to me and told me he
had changed his mind about favoring
the bill. asked Mr.. Barnes whether
he understood the seriousness Of max
ing Senator Grattan change his decl-
sion. Mr.. Barnes said he thought i
was good politics to have Senator
Grattan vote against the bill l ted
Mr.. Barnes Mr.. Grattan was very
anxious to vote in favor of the bill.
Later in the day that bill was
voted on. Senator Grattan voted
against the measure. The vote was
- 10 %. Twenty-six votes would
have passed it,
Loeb on Stand
Mr.. Agnew then took up the cleo
ton in 1910 by the Republicans of j.
T. Aids as leader of the Senate. The
vote was 81 to 6. The six were all
Republicans Of the "a, twenty-four
were Republicans and ten were dem
ocrats Harvey D. Human whose
name came up before Aids was de-
feated by six to "a, witness said.
On cross-examination It was brought
out that Mr.. Agnew had not told his
completed conversation with Mr.. Barnes.
On redirect examination the witness
said he told Mr. Barnes at the time the
racing bill was defeated that he had al
WAYS stood up for him but that as he
had broken his word he was through.
William Loeb, Jr., private secretary to
Colonel Roosevelt while governor and
President, was the next witness. He said
he was connected with the American
Smelling & Refining Co.
Mr.. Loeb told of his relations with the
colonel since the latter was governor. In
reply TO a question he said:
Il have known the plaintiff since he
came back to Albany from Harvard"
did you have any conversations in