The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-17
NEW BARNES SUIT
IF JURY DISAGREES
Final Effort Of His Counsel
Will Be to Discrcdit
Loeb's Story.
A MYSTERIOUS T n

SYRACUSE. May 1.-THE fnai drive Of
counsel for william Barnes will be d.
rected against william Loeb. Jr. the
long time conndant and corroborator Of
Col. Roosevelt.
Their last effort will be to discredit
Mr.. Loeb's testimony that Mr.. Barnes
admitted. In the spring Of 1911, having
in arrangement with Charles r. Muir
ply OF Tammany by which Murphy was
TO control the election OF a United States
Senator.
II is not impossible that the de-
termination OF the case will swing upon
the credibility OF Mr.. Loeb. In posi-
lively backing up the Colonel he has
testified that he had II from Barnes him
self that an improper and secret under
standing obtained between Barnes and
Murphy by which the Republican or
ganizatlon was TO keep out of the Sem
atorial fight and because OF which an
Independent Democrat could not be used
TO defeat Mr.. Murphy's programme.
Since the main point OF justification
evidence Jeff In the suit has to do with
Barnes's latitude in the 1911 Senatorial
fight the credibility OF Mr.. Loeb be-
comes the big issue.
A very suave and capable man num-
bered among Mr.. Barnes's advisers was
asked to-day what would be lone to i'm
peach Mr.. Loeb's veracity. The adviser
In question. whose name II Is not all
necessary to mention. held Up his hands
n slowly brought them tightly to-
gether. The gesture was infinitely ex-
pressive.
Mr.. Barnes will try TO fatten Mr..
Loeb. ffatten him out to paper thinness.
Only a hint Is given as to what means
will be used. The hint is merely that
a witness will be produced who will
testify that Mr.. Loeb admitted to her
or TO him that the conversation he had
with Mr.. Barnes at the office OF ]. s.
Bache & Co. took place In 1913. two
years after the Senatorial night. and that
the matter OF an agreement between
Barnes and Murphy was never mentioned
In the conversation II 10 suggested to-
night that the Barnes counse nave n
sensation TO explode-one they depend
upon TO wreck Locb's testimony.
Col. Roosevelts lawyers appear not
10 be alarmed over the outlook. They
point TO the fact that Col. Roosevelt
has testified that Loeb told him about
the conversation with Barnes early in
1912, n that II is impossible there
fore hat Barnes and Loeb could have
been talking In 1919 about the very
matter referred to by Col. Roosevelt.
They will try to show apparently
that Mr.. BARNES and Mr.. Loeb met more
han once at the office OF J. s. Bache
4 Co. and that Newman Erb, w. J.
Wollman and others may he perfectly
accurate when they say there was a
luncheon and conversation in 1918. but
that Mr.. Loeb ia entitled to belief when
he says there was a luncheon and con-
rersation in 1911.
At any rate a hot fight will he made
tomorrow and Tuesday on the veracity
Of Loeb. who has been sent for to repeat
his story. Col. Roosevelt will AXE the
stand to repeat his recollection OF what
Loeb told him. The mysterious witness
for the Barnes side will also be called.
1t became known to-day that Mr..
Barnes intends TO bring a fresh suit
IL the Jury disagrecs. He will no: ne
satisfied 10 let the issue between him
and Col. Roosevelt drop. No matter
how expensive the proceedings may be
land II Is estimated that the case in
the first hearing will have cost both
Mr.. Barnes and Col. Roosevelt about
100000 Mr., Barnes Intends to continue
the fight.
The Coionel's probable attitude has
not been so clearly indicated. II can
be said. however. that in the even; OF
Mr.. Barnes receiving "A substantial
award from the Jury the Colonel will
appeal. 4 small verdict. an award OF
a few cents or even of a few hundred
dollars for Mr.. Barnes would he con-
sidered ny the Roosevelt side a victory
for the defendant. as OF course a dis
agreement would be.
Col. Roosevelt returned from New
York city Tonight nj 10 o'clock. Mr..
I -lN -
action tomorrow morning.
His ordeal OF cross-examinatIon will
he finished by noon tomorrow probably
and the case will be practically at an
end except for the fight over Loeb's
testimony. the calling OF many legis-
lators to testify about matters already
covered. the summing up and the charge.