The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-20
,ued while the plaintiff was state chair

man OF the RepuDllcan ORGANIZATION ana
calling upon the people of the State to
come out and disrupt the power of the
two political machines OF the state. in
one of which the plaintiff was boss.
you will be told hat the burden OF
PROOF rests upon us, but II is for you
to Judge whether the defendant has told
you the truth or whether the plaintiffs
evasions and denials are the truth.
THE plaintiff vas for many years
chairman OF the Republican state COM
mittee. He took a prominent part in the
campaign that elected Theodore Roose-
welt Governor. He was executive chair
man OF the state committee. lie was a
resident OF Albany and active in the po-
litical affairs OF the ounty lie owned
the Albany Journal AS early as 1924
we have seen him writing to the great
leader OF his party. Senator Plat. en-
deavoring to obtain through his means
printing patronage for his printing es-
Establishment and his paper.
I'm 1893. In spite of his youth and
obscurity and political unimportanCe, We
hnd him sufficiently confident in himself
to write TO the Governor asking him
not to advocate in his message the es-
tablishment OF a State printing Office
on the ground that such a step would
lead to his financial ruin. The Governor
did as he always has done. He stood
up for the rights of the people against
the party. lie recommended the print
Ing plant.
Tells of Printing "DeRI."
AT about the same time we see Mr..
Barnes going to the Attorney-General, n
member OF the State Printing Board.
pleading that the contract for state
printing should not he awarded to John
A. Mccarthy. the lowest bidder, but to
the j. II. Lyon Company. whose bid
was much higher. Mr.. Barnes, has told
you that he was merely anxious to avoi
the establishment OF another printing
office in Albany and that the Mccarthy
people had no plant in Albany and
must start a new one.
"After this-and | am recalling this
evidence merely as a reflection upon tho
crcdlbility OF the plaintin-Mr. Barnes
purchased his contract in question from
Mccarthy and sold 1t to James r.. Lyon.
He has told you that. lie has eN-
planned 20 o that the sum of 100000
which was paid him by MIR. Lyon and
which Mr.. Lyon in his written agree
ment called salary was not for salary
at all. but was the price OF the con-
tract which he had bought-not the
price at which the contract was to be
carried out. but the sum over and above
the contract price which was paid TO
the plaintiff for getting tho contract
salary for his services. And foul or
five months afterward he received. ac-
cording to his own testimony. S11 900
moro.
Take what happened later, in 1901.
when Mr.. Barnes was given without
consideration. as he tells you, $50 shares
OF stock In the J. r. Lyon Company
worthless stock which he t~cstifes he
took only in order TO he openly assoc
ciated in State printing matters with
the J. II. Lyon Company. That stock.
gentlemen. he sold back to the company
later for $4,000.
QuestiOns Harness Charactcr.
Take all this into consideration Re-
member hat these acts-this payment
of 10000 salary this transfer OF $50
shares of Lyon company s,ock-took
place in 1899. 1900 and 1901. when he
was dickering with members OF the
state Printing Board and begging the
Governor not to recommend "A state
printing office. Remember this. GENTLE
men. and ask yourself whether his char
acter is so immaculate as IL has been
painted.
This defendant was elected Governor
In 1898. lie was nominated principally
at the instance OF the organization. but
he never was the creature OF the organi-
zatlon even from the very beginning"
Mr.. Bowers read the letter written
ny Lemuel T.. Quigg to Col. Roosevelt in
1898 n called attention to the allu-
sions to Col. R~oosevelt's fearless
ness, honesty and independence and it's
counsels as to the candidates future re-
~lations with the Republican machine.
They told him what they expected
OF him. said Mr., Bowers, "Thcy re-
minded him that II was to the organiza-
ton and senator Ilatt that he would
owe his nomination and election. And
from Montauk Point this man-fresh
from the corpse strewn battleiields Of
Cuba-wrote declaring that he would not
act other than In accordance with his
conscience. hat there was no question
of pledges or promises or. much less,
of bargaining for the nomination. but
that he would only consider good gov.
eminent and good faith toward the peo-
pie of the state.
Recalls r. u. NJ Governor.
He was nominated and elected. Al
most the first thing that happened 10
him was, when he went to call or Sena-
tor Plat. he was asked II there were
any men whom he would like TO have
apDointpl 10 special committees in the