davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
VICTORY AFTER Jury TAKES 40 BALLOTS

Alton y. Parker said he could not o
sibly improve on THE SUMS leading edi-
torial article of yesterday. lie added
that he did not wish to say anything for
publication, because. as he and the
Colonel were once rivals for the Presi-
dcncy. anything he might say might DC
misunderstood
Herbert Parsons. e~x-Republican coun-
~ chairman and one time protege oil
Col. Roosevelt. who was mentioned ire
quently at one stage OF the libel trial.
declined to be quoted.
Col. Abraham Gruber, Republican,
said
mfr. Barnes will appeal all right. and
when he does. instead Of a sewing circle
in court, he'll have a real trial.
~ don't think the verdict VIII I'm
pair his reputation. He occupies nc
place now In state politics except tina
he is a national committeeman. Col
Roosevelt never can lead the Republican
party again"
1.-THE verdict is a Just one, and mus
command general approval" said Ma.
thaniel a. Elsberg, Progressive. "Of
course Col. Roosevelt's character re-
quired no vindication, but II vii
strengthen his reputation"
When asked for his opinion last night
Job Hedges, Republican candidate fol
Governor In 1914, refused to make any
comment on the trial.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
PROGRESSIVES REJOICE;
OTHERS A LITTLE MUM

ITS n fine victory for the Colonel.
hut In n broader sense for good govern
ment too declared Bainbridge Colby.
"tt IL "A fine thing that those twelve
jurymen were able to get the true ex-
preston Of Roosevelt. the basic principle
OF his fight against bipartisan control
and his confidence in the capacity ~
the people for self-government. out Of
the mass Of evidence. II IL an unusual
tribute to him that the cause for which
he is fighting should have stood forth
SO clearly. and been appreciated"
The success Of Mr.. Roosevelt in this
suit IL n great encouragement to men OF
progressive views in all parties who are
determined that the control OF govern
ment for party advantages shall cease
and that public welfare shall he SUI
prone" said william Hamlin Childs,
prominent In the Progressive party In
Brooklyn.
Progressives generally were chuckling
over what they termed their leaders vim
dicat,nn and the discontinue OF Mr..
barnes. Tho few Republican and Demo-
cratic chiefs who were in the city yes
'erday were reticent
For example. Republican County
Chairman Samuel g. Knenig. said that
the syracuse trial was purely an affair
between two men and that he did not
feel called upon to COMMENT on the YER
Dict. ~
Comptroller PrendersGDs had nothing
to add TO his doxolcgicay remark Of Fri
day, Praise o from whom all bless.
ings flow
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23

confident tina he will not suffer from the
disclosures at Syracuse.
They contend that Roosevelt's power
consists In the fact hat never has there
been the slightest suggestion OF corrup-
ton in connection with his political
career, and never has his personal In
tegrity been successfully assailed.
Party Disscnsion.
Entirely aside from Col. Roosevelt's
future 1t Is certain that the trial at
syracuse will give strength to the pro-
testing element in the Republican party
that ie already forming with a view to
combating the efforts OF the old reg
ulars Of the Barnes-Penrose school to
maintain control OF the Republican or
ganization.
1t is a fact that the activity OF these
Republicans has been waiting partly on
the verdict in the Barnes trial. More
than one Republican leader has laid dur
ing the progress OF the trial that the re-
suit would have n material effect upon
the Republican plans either as II sup
ported or discredited Col. Roosevelt.
The Republicans, especially the pro-
gressive type. will now show less dis
position to submit to the u~ltra-conserva-
tive standpat leadership. They will In
s'st that in any effort TO rebuild n re-
suscitate consideration must be given
to a big progressive influence. There Ia
no doubt that many of these Republicans
also expect to see Col. Roosevelt event
ually the leader of this sentiment
whether he be the beneficiary OF 1t OF
not.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23

In Democratic quarters here that the
verdict at Syracuse in favor OF Col.
Roosevelt was a keen disappointment.
Yet President Wilson'S advisers are
arguing now that the outcome OF the
Syracuse trial will make II more din
cult than ever for Col. Roosevelt to re-
turn to the Republican fold.
They contend that II was Col. Roose-
velt's purpose to slip back into the Re
publican party quietly with the brass
bands all silent and the flags furled
to sneak back as II were.
They insist the verdict in the libel
case will emphasize the issue so sharply
between the Republicans and the Roose-
welt party that 1t will be absolutely i'm
possible for Mr.. Roosevelt to Join with
the Republican organization.
As viewed by Democratic leaders the
tendency of the Syracuse verdict will
he to put new life into the Bull Moose
movement, or at least to arouse more
spirited protest against suggestions OF
amalgamation with the Republican
party.
Little stock is taken here in sugges-
lions that Col. Roosevelt personally has
been hard hit by the disclosures at SYRIA
cuse and that his subserviency to Plat
and his attitude toward campaign ron
tributions will seriously operate against
his future usefulness In politics.
The belief here In that the big fact
which will stand forth before the coun-
try and which will overshadow all 9TH
ers In the mind Of the public is that
Col. Roosevelt won his case. and that
a jury gave him the verdict when mis-
damaging statements against Barnes
were challenged In A court OF law.
To Indicate how small the impression
In regard to campaign contributions /:
likely TO be. II is necessary only to re.
call that practically all the facts brought
out In this connection at Syracuse WEE
merely reiterations of what had beer
produced before a Congress committee
two or three years ago.
So short was the memory Of the public
on this point that the facts developed a
Syracuse were discussed as somethins
fresh and new. whereas they had beef
paraded before the public in great dc
tail when the Congress committee wa
taking testimony back In the 1912 cam
paign.
Furthermore. Col. Roosevelt seems 4
be immune from damaging facts whicl
would end any ordinary political career
That has been demonstrated time an
again. and Col. Roosevclt's friends ar
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23

government by the people should pre-
vail and the latter has prevailed.
THE article in suit was held by the
court to he libellous in two aspects.
First. because 1t charged a corrupt
political alliance between william
Barnes, the Republican leader OF the
State, and Charles Il. Murphy. the Dem
cratic leader of the State, in relation
to the state government. (This the
Justice held was the meaning and pur-
port of the article taken as a whole.)
Second, because tie article charged
that the plaintiff had worked through
a corrupt alliance between rocked bust
ness and crooked politics. The jury
were further instructed that they must
rcnder a verdict in favor OF the plaintiff
unless they found hat the defendant
established to their satisfaction. by a
fair preponderance OF evidence. that
both charges were true. This burden
was successfully borne by Mr.. Roose-
welt.
1T is Impossible to determine at this
| time the far reaching extent Of this
verdict for good government.
1.-THE verdict sought to be rendered
certainly assures us that the Anglo
Saxon system OF determining questions
between litigants Is rightly lodged in
the hands OF a jury OF twelve men.
Moreover. 1t proves that Jurors hold
ing political views opposed 10 those nelu
by n party will not be swayed thereby
In determining the questions submitted
10 them.
Personally, OF course, I am grat'ied
with the result. My associates and j
have fully appreciated the RESPONSE
hilities we assumed in advising the
course to be taken in defending the
action and It Is a source of great salts
faction that the result achieved has
justified our advice"
Col. Roosevelt chung TO his original
determination to make no comment on
the verdict. He left for New York
city at IL :35 r. NJ, accompanied by
Mr.. Bowers. william II. Van Ben
schoten and others Of his legal star.
Justice Andrews grante6 Mr.. Barnes's
counsel sixty days stay of judgment
The payment of the costs OF the case
will be arranged by the counsel. The
verdict OF Roosevelt would throw upor
Mr.. Barnes the court costs. including
witness fees and mileage. but Col
Roosevelt has declared that he will no
accept the beneht of a dollar of Barnes,
money.
The chances are that Edward Burnt
will gain his main point, after all, anc
that the Colonel will pay his share o'
the cost. In any case, OF course. each
principal pays us own lawyers.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23

sleeves and finally got them grouped as
he wanted with himself In the centre
and Foreman Somcrs at his right hand.
shoot :" he shouted to the photogra-
phcr. spare no man ~
The next minute he was bombarding
Stewart +. Hancock of his legal stan
with requests to do things for the
jurors. Foreman Somers asked II the
jurors could have his autographed pho
tograph.
Hancock" he said. 81 want you to
get the photograph taken here this
morning and send the copies to me at
oyster Fay and I will autograph them
FOR the Jurors. I shall eel every man
of you one OF my W photographs with
IN inscription. | intend also to have
the record of the testimony in this case
printed and I shall see that every one
NJ you has the RECORD with my name on
IL. And now. If you ever come down
my way the latch string hangs out"
Nr. Bowcrs Has n word.
MIR. Bowers. hardly less Joyful than
the Colonel, pushed into the crowd.
Here" he said. II want to say some
thing myself. | van to say something
TO these Democrats" and he laughed
and shook hands with Ray Tanner and
Peter Beneke.
" itiitiilbtIs lHtN nhNt dtCutt0
me of being a Democrat and I guess
I'm guilty" declared Mr.. Bowers. "Bu,
I'm mighty glad | tool this case.
feel as II | had performed a grea'
public duty. II is the greatest case
ever took part H."
Mr.. Bowers went over and talket
briefly with Burns.
W have been together in a fight fol
good government" said Mr.. Bowers
THAT we were successful is somethinl
that all of us can be proud of as Ions
as we live"
w did what We thought was right.
said MIR. Burns.
Mr.. Bowers then made the followin,
statement for Col. Roosevelt:
THE victory that Mr.. Roosevelt ha0
won Is a victory for good government
In my opinion II Is the most lmportan
case hat has been decided since IN
civil war. The issue | put TO the tur,
was whether machine government o
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
COMMENT.

Editorial comments or the verdict In
the s-Roosevelt case follow:
The Albany Enickerbockor Press
says editorially:
Under the charge of the court the
questions at issue were narrowed down
to two The charge that a corrupt politi-
cal alliance existed Mr.. Barnes
and Mr.. Murphy in regard to the gov
ernment of the state and secondly. the
charge that Mr.. Barnes had worked
through a corrupt alliance between
crooked business and crooked politics.
The court held that nothing else In
the article complained of was libel
lous and that the only question for the
jury was: Are the charges true?
THE only thing that surely can be
predicted at the present time IL that
nothing succeeds like success and the
success OF the is with the
Colonel"
The Syracuse Herald: The twelve
men who returned this verdict constl-
tuted. We think. an exceptionally con
sentative and intelligent jury. hut mon
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
Rryan's Comment.

Secretary Bryan to-day commented
on the Roosevelt Barnes case in a face
tious manner:
We'll. 1t saves him mfr. ROOSEVELT
from the payment OF damages, but this
is one Of those cases In which n victory
either way gives some advantage. IT
Mr.. Barnes had won Il woul have
purgcd him OF the charge ~ being a
boss, and this would have relieved the
ex-President Of the odium OF having
associated with him for so many ears"
DO you sympathize with Mr.. Roosc-
Welt because they have given him the
verdict Mr.. Bryan was asked.
81 have 80 accustomed myself to the
position Of neutrality that ] do not
think 7 will ever again he able 20 take
sides on any question: was the reply.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
MUST GET OUT.
Is WASHINGTON VIEW

leaders, or bosses" as Col. Roosevelt
insisted on calling them. lie did not
differ with tho Republican party in the
matter OF vital principles and has al
ways contcuded that he believed in the
rank and file Of that party.
OF the so-Called bosses to whom Mr.
Roosevelt took such violent exception
in l9l2 Mr. Barnes was the foremost
Sow col. Roosevelt is able to turn 40
the Republicans who denounced him I'm
1912 with the statement; 81 told YOU
SO. My charges against Barnes ave I'm
effect been sustained by n jury made up
of men NJ mixed political faith, and
what ! said about the other Republican
bosses Is equally true"
, Many Republicans here believe that
unless Mr.. Barnes promptly eliminates
himself as a political factor in New
York State Col, Roosevelt will seize
upon the opportunity to capitalize the
Syracuse verdict and lead a fight
against him.
Such a light launched within the Re
/ publican organization itself might afford
col, Roosevelt the very opportunity he
is seeking to return TO the Republican
party without humiliation and with the
certainty of being able to exercise a
voice in the selection of the next nomi-
nee of the party for the Presidency.
The other View.
The other Wow held in Washington
ns 20 col Roosevelt. future IL almost
directly opposed to the one Just set
forth. This latter view is the one which
D.omcratic leaders profess to hold, but
with them there Is reason to believe
tina the wish liz father to the opinion,
! There was no conccalment OF the fact
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
BEATEN EDITOR TALKS

MARQUETTE, Mich. May ?c-"fm M,
Mt all surprised at the outcome ~ M.
Barnes-Roosevelt case" said G.orr, ,
Newell, the lshpcming editor. Who r,.l
Roosevelt six cents two years ago ,o,
libel damages.
ITS a pretty hard matter 10 70, q,
verdict in cases Of the kind Bdfrrs
brought. People are not taking charge.
of the somewhat generaiizod political
nature very seriously nowadays ana
they did not consider Rtrne.
was hurt very mach"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23

are men and In this remarkable case b.,
was not to he expected that the barre.
details OF the testimony alone won ,
guide them to their final conclusion
"Whcther or how much the vord.,
has politically helped col Ruus,,oi
one question. Whether or how INN.
II has politically hurt Mr.. Parn,, q,
another question. That II has hum m
Republican party In this stat 'u som
extent is not a question at all
The Oswego Times: Tho vcrd,cf ma,
he summed up In few words Cd
Roosevelt Ia in a class by himself I'm
mune from attack, imperv!ous 'o cr,
cism. There may he no Logical rfor,I
for IT., but. all the same. ATTACKS og m.
Colonel never reach home. NJ. R,r-o,
OF Albany has now been instructed o.,
this effect and at a pretty high tuition
fee"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
Rendering Of the Verdict.

But the nervous excitement that al
ways seiZes upon a court room crowd
when a jury reports In n big case was
again evident when Clerk Clarke put the
question:
'Gentlemen Of the jury. have YOU
agreed upon n verdict, AMI II so what
Is it?'
"For the defendant said Foreman
Somers. without CHANGING az the slip OF
paper he held in his hand. Most of the
Jurors smiled and nodded. Mr.. Burns
grinned. He was a different looking
man since yesterday.
$50 say you all?' demanded Clerk
Clarke.
SO say we ALL" repeated Mr.. omers.
and 80 say We all" ran along tho two
rows Of the Jury box, Burns nodding
his head in agreement
your Honor. I demand a poll OF
the jury" said Mr.. Wolf,
As Mr.. Clarke called the names be-
ginning with Henry Hoag Of Fayette-
vile and ending with Peter Reneke Of
Liverpool. every man arose and said
nrmly
"For the defendant"
Mr.. Clarke again questioned them as
q body:
'Gentlemen. YOU find for TIE defend
ant. SO say you ALL
1--WE do, We do" they chorused.
Justice Andrews then thanked the
Jurors for their patience and long ser
vice and discharged them from duty
Col. Roosevelt, having withdra wn from
the court room with John VI. Bower
for a moment, returned and told thu
Jury that he desired to say a few
words to them.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23

ing to the members OF all political parties
who have been fighting the kind OF ma
chine politics which Mr.. Barnes repre-
scented. 1t SHOULD he especially signifi-
cant to all the younger Republicans
the progressive Republicans and their
brothers who, once Republicans, became
Progressives and are now Republicans
AGAIN.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
Politics Not Considered.

"politics. our respective party affllia-
tions. had absolutely nothing to do with
the deliberations. There wasn't a mo-
ment when We were In any danger OF
splitting because some OF us happened
10 be Republicans. some Democrats and
some Progressivcs.
I'VE took the idea that we were all
American citizens with a great duty
20 perform and that the case was far
above party politics. The only way the
printing evidence gains Mr.. Barnes
entered our deliberations was as touch
ing upon Mr.. Rarncs's credihili,y. 1t
was apparent that he could not be
credited"
Mr.. Somers then said that he had
covered the essential points Of the de-
liberations of the jury and that he had
spoken as freely and frankly as was
roper
Walter J. Zuill. who with leonard K.
Hungerford was ore OF the most in'u-
entail men Of the jury. nodded In agree
ment. with Mr.. Somers. II had been
decided. they said, to w Mr.. Somers
speak for all OF them.
The jury reported to Justice Andrews
at 10 :O9 \. NJ Just before the Jurors
entered the box Henry J. Wolf in
formed the court that he desired TO re-
cord the plaintiffs objection TO a verdict
being received on the ground that the
Jury had already been polled in court.
that the secrecy OF the jury room
had been violated and that the court.
therefore. had no power to receive n
verdict from that jury. Justice An
drews overruled tho objection and the
next minute the jurors were in the
Don
The intense strain and tremendous
tension which had affected every one
yesterday when the jury came to "A tenn
porary agreement had been to a CON
siderable extent elaxed. II had beer
thoroughly understood that Il new
agreement could mean only one thing
q verdict for Col. Roosevelt.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
VIEWS HERE.
The "~Ameriran" Doubts r. n. Re.
Joining Root and Barnes.

Following are excerpts from editorials
published in New York city spa pers
OF the outcome Of the Barnes-Roosevelt
libel suit
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
Roosevelt Makes q speech.

IA per Tntn anu court Oll4Nltls, al ltu ~
the Colonel, fled out of the court room
and entered an anteroom on the same
floor. The Colonel squared Off and
made a little speech. He was pretty
much affected by emotion and for n
few seconds his voice was anything
but steady.
"Mr. Foreman and gentlemen OF the
Jury" he said, - have been more
moved. and touched than ! can express
by what you have done and I want to
say TO you that ] appreciate to the
full the obligation that YOU men, reprc-
senting every shade OF political belief.
ave put me under.
There is only one return ] can make
and that return. ] assure YOU. Will be
done to the best of my ability. | shall
Try all my life to act in public and
private affairs so that no one Of YOU
shall have cause to regret the verdict
you have given this morning.
~ thank YOU from the bottom OF
my heart. You have put on me a
solemn duty 10 behave az a decent
American citizen should and ! shall
Try to fulfl that duty"
Their the Colonel fairly leaped at
them 10 shake hands and to say n
few words personally TO every one, The
jurors seemed to he Just AZ eager 10
clasp hands with the Colonel as he was
10 shake hands with them. They looked
thoroughly pleased with themselves and
with the world, The Colonel went dow
the line
Mr., Somers. 7 thank you. That's
straight from tho heart! ="
Mr.. Zuill, YOU came from South
Dakota, didnt YOU? Bully, We know
that country, eh :"
Mr.. HunGerford, YOU nave made ma
very happy, very proud
To Burns he said merely, ~ thank
you" Burns hositatod a moment and
flen made rather q shy roply; u done
my best"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
Mr. Ivins's Criticiams.

Mr.. WINS said:
The verdict is entirely mex pected.
but it is not for counsel to comment
upon the verdict, but 10 pursue the
usual methods for the protection OF the
rights OF his client, which is not by
the way of newspaper talk but by the
way OF appeals provided by law.
w were satisfied from the begin
ming that the attitude OF the court
toward the libel was not in conformity
with precedent and quoted the early
similar cases Of Gov. Morgan Lewis
and of li"ut.-,iov, Root. Speaker Lit
tlejohn and the late cases of Hoey
against the Times, the Catalan case and
the case of Triggs against THE Sun,
Hamilton against Emo, az well as nu-
merous decisions of Mr.. Justice Gaynor,
who was a master in the Law of libel.
From the outset there was a differ
ence Of opinion between court and coun-
sci for plaintiff as TO the application Of
these presidents TO the case at bar.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
Nr. harness. Statement.

After debating his statement yestcr-
day Mr.. Barnes announced that he would
have nothing more TO say. The state
ment follows:
There is nothing that ! can say re-
Gardlng the verdict OF the jury in this
matter except that when | brought the
action ! knew that the accusation made
by Mr.. Roosevelt OF COLLISION. combina-
ton or even decker between me and
Tammany Hall. or Mr.. Murphy. or any
any corrupt purpose hut for any pur-
pose. was absolutely false.
when | accepted the craftsmanship
Of the State committee In January,
1871, IL was AT the request OF the mem
bership Of the committee at "A time
when | had retired from political life
n when the Republican party was out
Of power In the State, As chairman
of that committee | never attempted
10 build up any machine nor 10 die
tate nominations. nor to act in accord
auce with the ideas which formerly
had prevailed with regard TO the func-
tions of this office.
The jury declared that I had no
cause of action against Mr.. Roosevelt,
who charged me with acts which ! dio
not commit, and therefore temporarily
the public may believe that was guilty
of what | did not do.
However, the knowledge of the com'
plete rectitude of my conduct must con
tent me. which after all is the only
important thing in life"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
r. u. and Jury Photoa rnp hed.

The Colonel wasn't through with the
celebration after the h~andshaking lie
was simply huhhl!ng with joy and IN the
dasIrs 10 show the Jurors that, as he
SAID to a friend later, this is tho
greatest day of my life," he whirlod
upon the foreman
"Somcrs." hc said nhoy had quit
nl,.'etihs each other hS that timr),
"Somors, this is tho jury's day II YOU
men think o ran stand II. there's a
Photograph coming, Gather around
me-
Co Roosevelt caught them by the
hand, gave iittlc tugs at their coat
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-23
The New York American.

mfr. Roosevelt may despair OF the
future OF the Progressive party. Some
Of his recent utterances Indicate that
he does. But II is no longer conceivable
that. however discoura cling the Progress
sive outlook, Mr.. Roosevelt could leave
that party to rejoin the Republican
party. commanded and led by Barnes or
Root. or men OF that type"