South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-04-20

llAs tlk NUlOAlEl ~alfA ltN n 40 "N
years old and had wife and six
children
SYRACUSE. y. n. April 20.-Wn-0
liam Barnes rested his S50.00o lioel
suit against Theodore Roosevelt today
after only i've minutes of direct testl-
mony. The plalntu's only direct Wit-
ness was John McGrath OF oyster
Bay private secretary 20 Col kouSe-
Welt. who testified that hc took ana
delivered To the newspapers and press
associations OF New York the Koose-
Welt statement OF which Barnes COM
planned Mr. McGratn Will be cNan-
ined AT the afternoon session out Mr.
Ivans stated that MI Barnes would
offer no further testimony to prove
the published libel Tine main Barnes
evidence viii come in rebuttaL
All preliminary formahues were
out OF the way and there was no pos
sibilty OF the action being dismissed
or delayed.
When court resumed al 10 o'clock
for its second session. William Mills
Ivans for William Barnes. and John
NJ. Bowers for col Roosevelt made
the opening speeches 10 the jury
After the opening guns of iNans ana
Bowers. MT Barnes first Witnesses
were three New York city newspaper
men. who were expected 10 prove the
corpus dehcti" the publication oI
the former presidents libel OF the en-
pire state g. o. T.. boss. when ne, on
July -. 1914. said that Barnes was m
league with Charles Francis Murphy,
boss OF New lOrks Iammany Hail.
TO distribute patronage
Simple Case Of Libel
Nrr. Ivans went on Co say that ar.
Barnes and Col. Roosevelt were COM
mon. ordinary citizens. despite the
fact that the one had been republican
state chairman Of \ew York and the
other had been q governor OF the en-
pire state and president OF the Cnit~u
states
"Tbis case is "A simple one OF pub
Ushed libel" said Air. INans. u want
10 impress on YOU that The public sta
tions of these two lusants does not
in anv way enter into the merits OF
Mr.. Ivans reviewed the entire pub
lie records of Barnes and koosefeil'
and then said Al.
parnes found IL impossible Go agree
with the policies of Mr.. Roosevelt ne
retired in 1914 from the chairmansnip
Of the republican state committee. Alr-
Rarnes and Mr.. Roosevelt are now
n1ain. ordinary citizens of the United
states and We ought 20 Judge lhls iaN
Mr. Tyans went into the euhernd-
toriaI campaign of 1914 of Harvey -.
Hinman of Binghamton ON the puli
moose ticket ..,
Il viii read you Ivans SAID, me
statement Of Mr. Roosevelt ABOUT us
plaintiff. Mr.. Barnes II II be rue
tbie ,Iafntfn has no standing in court
..rF n ba untrue. then we expect yoi
% fnd that MI Roosevelt nnelied Mi
Barnes to the extent OF $9o.oN' dcl-di
and punitive damages.
Reads Basis OF suit.
Mr. Tvans then read from the COM
uIaint the ALLEGED speech n\ 1ol. tt""-
eveIt on which the libel suit Is paseu.
During the reading Justice Andrews
perused a catalog.
The colonel paid deep attention,
nudging Mr Bowers. his chief counsel.
from time to time. Mr.. lVans read
exhibit /" from the complaint. the
speech delivered by Col Roosevelt on
July p. 1914. on the newspaper pub
lication OF which the libel suit is
based. In part 10 follows.
"In New York state we see al Us
worst the department OF the system or
bipartisan boss rule. lu New YORK
state the two political machines are
completely dominant the one Dy Mr..
Barnes. the other hv Mr. Murphy. The
state government is rotten throughout
in almost all its departments and this
Is directly due 10 the dominance IN
politics OF Mr. Murphy and his suh-
bosses acting through such entirely
subservient agents as Gov. Dix and
Gov. Glynu. aided and abctted when
necessary. by Mr.. Barnes. and the suh-
bosses OF Mr.. Barnes. Mr Murphy
and Mr. Barnes are of exactly The
same moral and political type. Not
one shadow OF good comes from sub
sfffuffug one for the other in the con-