The sun. [volume], May 21, 1915, Page 5, Image 5

About The sun. [volume] (New York [N.Y.]) 1833-1916

Image provided by: The New York Public Library, Astor, Lenox and Tilden Foundation

                
THE SUN, FRIDAY, MAY 21, 1915.
44-
5
BARNES-ROOSEVELT JURY DEADLOCKED; TO REPORT AT 10 A. M.
Jvins, in His Address, Declares the Great Issue Is
Whether Roosevelt or Barnes Told the Truth
Justice's Charge Is Commended.
Conttnutd from f'Irat Page,
urtltd. He hud dwelt most emphatl
Jilly In hl chnrge upon the Imperative
tceulty of illnreBiirillnR politics And
MiKldfrlnc only the evidence In the
tut. He had told the Jurors that they
iouu te ''" ,hrir ''"'y f ,hr'
Mrmlttfd their dellbcratlonii to !
tlnieJ " Politics. Nothing could have
Wen clearer, more emphatic than this
D,rt of the charge.
! hardly think It Is necessary to go
bick to that." he replied to Mr Zulll.
I ihould have thought that my Instruc
tions ere perfectly clear,"
The Jurors looked doubtfully at one
mother for a moment and then tiled out
of the court room, Justice Andrews
ttin formally adjourned court until the
"iSt'ease went Into tho hands of the
Jury after Mr. Ivlns, In the morning.
Hi delivered a masterly ujJtcBS and
Justice Andrews, In the nftcrnoon. had
trnyed the facts and recited the law
In a chirge of absolute clearness and
Incontestable fairness.
Ilrart of Itlnft'a Arttnmcnt.
The heart of the nrgument made by
Mr- Ivl"" w"" ,',l,l Theoildre Ivoosevclt.
notorious for looseness of tonguo, had
comt to consider niniscu uoovn anu uc
grappled with or the subject of this at
tack must sink down Into Ignominy and
to moral ilc.ith.
"Irft us assume that a man who has
rendered nble service to his country
has a habit of calling every man who
does not agree with him a liar until It
has brcom u Joke In the cummunlty.
Huppose that this great personage
through pique over a trial of political
supremacy In which he hasn't been the
victor characterizes In this way a man
who has been bis friend, with whom he
has associated and taken counsel,
"Is there anything for this man, pil
loried as n modem Itenedlct Arnold, to
do except to ask a Jury of his peers to
dvteriiunt whether or not the truth has
been spoken concerning him-.'
"Let me consider the conversation
with Franklin ltoosevelt, who says that
Mr, firmly told Hint that there was an
arrangement between .Mr. llarnls and
Mr. Murphy of Tammany Hall. Now
that was evidence on which you wouldn't
kick u yellow dog. but thin defendant,
credulous and Inexperienced as a child,
tells you that he Implicitly relied on the I hesitating a ' time In' order ,o
wnai .Mr. eirau salt to him. s on nnH mniilnr n,i.nu.
"The court It obliged to receive this
foolish evidence In a llb-l case. He
I cannot exclude It. on account of Its pos
sible bearing on the utlestlon of malice
jondthelaw and had deliberately, ma- " 8la,c 01 nu 'e
licloufly and falsely held Mr. Harnes , K,i,'"nt1' h. . , . , . ,
ip to shame and disgrace because Mr. .. M'- ,vlna. ,h.fn Proceeded to take up
p.rns had Interfered with his polltl- 1 ls8U ,ne,?",) "ml ,,hc
J.i smbltlons stunces under which the. nlleg.'d libel
Ivlns was very careful, however.1"'"" ""ered. II,. read from tho article
i bosses and bi-partisan lie
I detliicd the term "boss"
used In politics.
Itnaalam anil Cnrmptlon.
Idont and there was danger tlmt the
sreat State of New York wo'ild be with
out proper representation In the upper
house of the national Congress when
great questions of vital Importance
must be decided.
Itrfrrs to I, orb,
''There Is one witness In this case
whose evidence. If you believe It, can
be taken In JiuUltlratlon. This Is Mr.
I.oeb. He lias told you that at the
time of the Senatorial deadlock. In com
ing away from a luncheon at a Wall
street office, Mr. Karnes calmly anil
unhesitatingly admitted to him his dis
honor and the combination which he
had made with Mr, Murphy.
"Wo have called here before you sev
eral gentlemen who were at that lunch
eon and who have sworn that It oc
curred at a. date far subsequent to that
mentioned by Mr. 1-oeb."
Mr. Ivlns touched lightly upon the
printing matters, declaring that since
the court hat ruled It out It was not
necessary for him to rerer to It.
"Mr. Ilarnes. like llenjamln Franklin.
Is a public printer." he said, "and like
every business man ho desired his busi
ness to prosper.
"I will now take up the question of
the credibility of the parties to this
action. You have seen the plaintiff on
the stand. You have noticed his man
ner of testifying deliberate, careful,
be sure
Imnri s-
sion nnd making no mistake.
i 'And you have seen the defendnnt.
When he was called to the witness box
he sprung at the chair as If he thought
It was going to get away from him. He
talked with his feet and his hands
and his head. He bounded from side to
side. He shouted. His entire attitude
showed the malevolence with which he
entered this case and with which he has
carried It on.
Dr. Jrkyl! nnd Mr. Ilydr,
"Mr. Hoosevelt has told you that he
bore with Mr. Ilarnes for many years
because ho believed tlmt In him were
tho germs of two characters, a Dr.
Jckyll nnd Mr. Hyde.
He twice appointed Mr. Ilarnes to a
Federal office as the t)r. Jekyll, but It
was Mr, Hyde that he sent for when
he wanted the Agnew-Ilarto bill de
feated nnd when he sent William
Ilarnes, to Albany to get It de
feated.
editorial written by Ilarnes which
seemed to bo consistent with tho admis
sion. That substantially was the de
fendant's caso upon tho point.
Tho Justice then called attention to
the facts that Mr. Ilarnes had denied
the existence of an agreement; that
Ilarnes had testified that he never knew
Mr Murphy i that Ilarnes had Instanced
his letter to tho Republican leaders In
the Legislature tia negativing any pos
sibility of an agreement: that Barnes
Mad testified to talks with Francis Lynda
Stetson and with many legislator, and
that the testimony of Senators Klon It.
Hrown and Kdgar T llrackett would
tend to show that Ilarnes wos really en
de.ivnilng to keep up a factional fight
in tho Democratic party for tho best
Interests of the Republican party and
would tend to show that when llarnfts
Mnally made up his mind to combine
1 don't believe I ever heard of I "ft '" r""
m..n.. nni..n.,ill,l. r( than " "le power, auriuuieii 10 mm u
that of a President of the L'nlted States
who sent for a man and ordered him to
get certain legislation defeated and then
urged as Justification for the chnrgo
made ngalnst him that he had worked
against that legislation.
vato huslneis Interests of tho contrib
utors would be protected in the Legis
lature and the executive departments of
the government.
"Of course a Republican has a right
to contribute to the political party to
which he belutus and has n right to con
tribute to the opposition party If he
bnllevM his own party Is wrong The
same privilege applies tn a Democrat.
"Hut neither tho Republican nur tho
Democrat has the right to mako con
tributions In exchange for pledges ex
presed or Implied tat his private In
ti rests will be protected contrary to tho
public good.
Iisne of Vrrnclty.
"Mr. Roosevelt says that Mr. Ilarnes
admitted that this was nreclrely what
was being done and that because It was
I being dono Mr. Ilarnes endeavored to
WILSON INCLINED TO
BIG NAVY, IS BELIEF
Chnnprc hi His Attitude Indi
rntod in His Statement
I'rnisinR the Fleet.
ltoosevelt, to bring about such a com
bination. Ju'tlco Andrews recalled that Mr.
.neb's testimony had bcon challenged
by three witnesses and that Mr. Ieb
had coino back on the stand supported
"There has appeared in this case evl-! ' 7,",," cal views of one kind or .mother. Hut Hero Is the statement!
enco of the defendant's turns and . j .;.J? lt"u, wo are not here to bo Influence 1 by any- I "1 was greatly struck by the appear-
hanges from the very beginning. You v"! c''y..wn" R falr lunation for the Jury thln(? jaV() the evl(1(nC(! , thg c;llr, inncc of the fleet and the quiet efficiency
ave seen how he threw off his allegl- j lo "ecitie. If Jf)U nnw, your(lves , ,e s-nyed shown by tho oil'.cers nnd men. as I nm
U'ASlllNnTOV, May 20. A statement
Irsued by 'resident Wilson to-day to
express his gratification at the appear
iince of the fleet at New York on Tues
day was Interpreted In some quarters
as indicating that the President has
been converted to the big navy idea,
The President referred to tho country
having "every reason to wish to go
change his Roosevelt's attitude and 1 forward In its policy or steadily aildlng
action as (lovemor of the State, i to Its tho navy's strength and equip-
"On the other hand Mr Ilarnes de- ment."
nits that contributions of such char- 1 The statement consisted of a telegram
acter wete made or that he ever made of felicitations which the Mayflower had
such admissions of such a chnr.icter. Jwliele'sed to Admirals Fletcher and
"We have heard a good deal about , lenity after the fleet cleared from New
political history. All of us have polltl- rk for the war manieuvres Tuesday
dc
ch
nave seen now hp inrcvv on nis wnei-
once to his native State for the sake
of a slight pecuniary saving. You havo
seen how he violated the oath taken ! "Tho second charge," continued Jus
by him upon his election to the l'resl- i tlce Andrews. "Is that Mr. llirnes
Crooked Hnatnes.
dency ' not to be a candidate for
third term. You have seen how year
after year he snatched at power."
by pnsslon. by prejudice, by friendship
or by sympathy, by anything except
the evidence here before you, you would ,
t. i n- . .. i ....... .1..... I
JUSTICE ANDREWS READS
HIS CHARGE TO THE JURY
... vs,r-x' rr,il hmrM... uiivi-w, iir iraii iruni ino ariicie uuswee .Andrews oenvereu me uiariq
i.'.i.i imi tmiiiitvii mntioru .),,, i, i complained of the statements regarding ' at the opening of the afternoon ses-
kits no bearing on the suit nnd that ! bl'P'Ttlfcan boss rule nnd he "Ion. He spoke only from notes, Tho
the Jury must regard It as an Issue be- ".V1 .T . Ierm Doas nB commonly.! charge follows
tsten man atid man.
Ir. Ivlns spoke very quietly, very
deliberately. He seldom employed In-
Tectlve. He seldom nddressed Col. I "The word haa como to Imply and
Hoosevelt directly. Uut his wit played carry with It XI mnniiiir of ftlahnnnra Vil
ovtr ths Colonel's career and over the dishonest or useless occupation" he said i . f "v"?, . P 'I1' V10 "
.vUince like a searchlight, revealing --.n.i .h derision and disgrace Is wrong, the testlmon
of malice. Hut In this question the bur-
worked In alliance between crooked as unfit to sit on the Jury as 1 would
ne ir I anoweii my mind io ue sw.iycu
by anything except the law.
"I don't bellcvn that you twelve men,
chosen as you have been, will consider
anything but tho fncts hs I have com
mitted them lo you. Make up your
minds fairly, honestly and Justly as to
tho truth In this case. I would like to
have you consider It amply and thor-
bus.ness nnd crooked politics. Two
classes of evidence were ottered In Justi
fication. For some days wc listened to
testimony on tho printing situation at
Albany.
"You remembor that held that thero
was not enough of It to Justify this par
ticular charge. You have heard that
ividence. It may b" mnro or less In
your minds. 1 t:y It has nothing to do ; oughly
It Is
nnd Is
ilen of proof Is on t he plaintiff He Is .,, tllt. C(19e ,f you ,, lt to n-! purtanco
ooun.i io snow reoKiewnes. or wanion- ,Ul(,m.e v0 ..ou w, , your consideration,
ness. ine iii-reiitiant in mis quisnon is lu(y Justice Andrews
case of great lm
entitled to thorough
rl4nc like a searchlight, revealing i -and tho term bi-partisan boss rule
rrery inconsistency, every humorous
contradiction.
He ridiculed the contention made by
Mr, Bowers that the Colonel must not
fee punished, but must be saved to gutdo
tl nation. He laughed at "the
ml(hty Nlmrod who came roaring to the
means that the two bosses throwing
aside the Interests of the people havo
comDined together for their own wrong,
corrupt and selfish ends.
"The question here Is. has an alliance
between crooked business and crooked
liuimus uctii proven io exisir lias nn
"Your duty Is to follow the law as
laid down by me. If 1 am wrong I
may no comwu n anomer couri. mm.l. It must t shown oy circum- ,nli ly of conversations alleg-.l to have
"To publish falsely any charge which , slant Ml evidence. ,a!on nC(. between Mr. Ilarnes and Mr.
tends to Injure the reputation of an- -Direct evidence Is Impossible. And H Kno.evelt. Mr. Roosevelt says they took
other and so expose him to public that Is tho meaning of n great deal of ..i r. ii.irne. ,ini. u
In tills case, evidence ,.M, lino,.,,,!. .aVa Ihnt nn vrlnn
presumed to be Innocent, not to be wan
ton or reckless. Malice Is a state or
mind. It must b shown by circum-
Informed the Jury
'There Is some other evidence I havo as to the nature fif verdicts they might
permitted In Justification. This consists ' bring "Wo And for the defendant" or
Uod." He Jeered at Roosevelt's rela- invisible government been proven to ex
LfiB with Tlntt t tt ..
tlons with Flatt.
Be asked the Jurors If they could
hntctae George Washington or Abra
ham Lincoln, to whom Col. Roosevelt
fall been compared by Mr. Rowers,
sstaf a thing so unjust and malicious as
tit attack on Mr. names.
And with great subtlety, keen logic
HI unfilllng memory he sought to rid
dle the evidence against Mr. Ilarnes and
I Justify Mr. Barnes's public and pri
nt acta.
The One Issue.
Mr. Ivlns Insisted that Col. Roosevelt
hid had but one Idea, "to kill Ilarnes,"
and that the one Issue tn tho case was
Ue matter of veracity between the two
men. He Insisted that Ilarnes bad every
right to be believed nnd that Col. Roose
ie!t ought not to expect to be believed.
The charge delivered by Justice An
drews received Instant praise from prac
tically eiery person who heard It. It
as devoid of meaningless (to the lay
man) technical phrases.
It cut through the tangled, confused
evidence and found Its way straight to
the essential points Involved. The main
point of the whole charge Is that there
is only one complete defence to a suit
for libel nnd that Is proof that the ac
cusation are true.
The only matt rs susceptible of proof,
is Justice Andrews's opinion, were that
Mr, Ilarnes had a corrupt agreement
with Mr. Murphy to bring about elec-
ton of a Democratic Senator In 1911
1st? Hero are facts which If they were
true we should all, every one of us,
loathe nnd execrate as much as we
would deplore It."
Mr. Ivlns went on to read the pas
sages from the article In regard to In-
vis mc government. falsely you are liable to damages,
"We have here the distinct assertion i
of Invisible government, of the doml- i ' Qnrslloti ' I'rlvllmc,
nance nnd alliance of Mr. Murphy and
nocuous. . ue neanng upon tne eierenaanrs state oi . r..ainn. m. it,rn.. m -.u..
The object Is ( mind. The plaintiff may show quar- rnmmln. wnuM r.iv. rmi.Hh,..
rels between him and the defendant. ,,, from DemtlCTatll nm, republicans
. te l lhrfta tho "lefendant. other publl- un,ier an Implied agreement that tho prl
an act. If cations than the nrtlcle complained of. i 1
To do such un act Is
intention is Immaterial,
Immaterial.
"The most honest purpose
world will nnt ..veils miph nn
you run over and Injure a child In tho j anything that tends to prove that tho
street you are liable for damages, t.ood defendant was actually malicious,
intentions do not excuse you. Precisely "The defend ml may offer In evidence!
the same rule applies In an action for ' anything that tends to prove the non
libel. existence of .nalice. friendship for the
"Nor does It make any difference that . plaintiff; that the occasion of the publl .
the person ho charged Is a public offl- cation Implies r.o malice , that he had
clal or character. He Is not an outlaw hoard from others the matter of his
because of that. You may criticise him charges : that he had read them In pa- i
and his acts, but If you state facts , pers and reports.
We find for tho plaintiff In dol
lars."
He dismissed tho Jury after Henry
Wolff for Mr. Rames and William H.
Van Honechoten for Col. Roosevelt had
entered certain exceptions to tho charge
and had obtained or had been denied
certain supplementary charges dealing
with details of tho evidence.
sure every one must have been who had
the pleasure of seeing it assembled at
New York. There 'ould have been no
mote lntetetlng verification of Admiral
Dewey's tatemenl tint the navy was
neier In better condition and that tho
country has every reason to be proud of
tt, not onl), but every reason to wish
t go forward In Its policy of steadily
milling to Its strength and equipment."
Acting M lyor McAneny received tho
following li tter jestenlay from Josephus
Daniel", Sc-rotary of the Navy;
"Allow me lo expres lo you and
through u lo the p-iple of New York
city my slnrerest appreciation of the
most ho'pl'ahle manner In which tho
Atlantic fleet. Its olilcers nnd men were
welcomed to your great city for this re
Clew The enthusiasm with which the
navy has always been received at our
metropolis is ever fresh In the minds of
rnvy folk, yet It was apparent to all
!hat on this occasion New York fairly
excelled herself In the warmth of her
greeting.
"In voicing my appreciation of the
m.inv courtesies extended I know I nm
EST. IJAs
" TUv t'nl that font hi
V Conlatr) hn if non.
Itfilhblt han't, lit, "
" The J'we thu have,
Slmkln. I'll'tm la Knrf
the next hi In tion-mtllobfc
httkl. "
Carstairs
Rye
BE urc you pet
Cautairs Rye In
the noii-ielillalilc bottle
"acood lioiilu to keep rooiI
whiskey good."
Carstairs Kyc U the oldest,
the purt,tlie finest whiskey In
America. Skillfully blcmlcil
anil ageil in nnntl. Call for
Carstair3 Kieat your club eir
hotel Aucp it in your home.
-pi. '!
tlSSTA'lSl 1 .
HIp.V 1
lieu I y ,
Slewiitnittillinr'
l'MI.,l.lpll.
.New Vori.
Iliiltlimir.
'I
expressing the sentiments of every ofll
cer and man In the fleet"
In behalf of the city Mr McAneny
sent a letter to Cornelius Vnnde hlil,
thanking hlifi for the committee's
"splendid service." Mr. McAneny wrote.
"The arrangements made were per
fect In every way, and the fact that so
much of this was due to the service of
a representative body of cltlsPns mii't
add to tho pride of the city Itself. The
expressions I have had from tho l'resl
dent, Becretnry of the Navy and tho
Admirals of the fleet have all Indicated
their eattsfactlnn with the way that the
fleet was received and havo been given
In terms of warmest praise."
Mr. Ilarnes. the former and his sub
bosses nlded and abetted by tho latter
and his sub-bosses.
"Who In this country has the right
to appeal to his fellow citizens In re
gard to the moral character of men, to
set up his own standard of morals and
to pronounce the condemnation of those
men whom he attacks to an audience
comprising millions of readers?
The- New Clnsaiaratton.
"Well nil Gaul Is divided Into three
parts. And American history In divided
Into i.eorge Washington. Abraham Lin
coln and Theodore Roosevelt.
"Can you see Washington or Lincoln
making nn attack of this kind wantonly
.ind maliciously upon any one? Col.
Roosevelt has put Holes Penrose and
Thomas Piatt and Mr. Barnes behind
him. although he suffered their pres
ence and accepted their counsel for a
long time.
"And now he has made a new classi
fication George Washington and Abra
ham Lincoln and Theoelore Roosevelt.
He allows these great figures from the
"That kind of evidence Is called evl- 1
dence In mitigation. It simply bears
upon the question of how much. If nny.
In this case there has been some punitive damages shall be allowed by
talk of the question of privilege. In , the Jury.
this case the law as to privilege Is not j "fcvldenre In Justification raises
material. Put any question of prlvl- j question if nny damages should
lege entirely out of jour minds. So. awarded.
I say. It the defendant published charges "Evidence In mitigation raises
concerning another, charges which question of how much should
tended to Injuie his reputation nnd ex- awarded.
the
be
th-
be
pose him to disgrace and ridicule, ho
has committed an unlawful act.
"There Is but one defence. That la
truth. If the charges are true there
Is no libel. You Jiave the right to pub
lish the truth concerning any one. The
l.lbellons Per Xr.
"I have held that the article Is libel
lous per j-c In two regards. It charges
.i corrupt j-o'i'leal alliance between Mr.
Ilarnes and Mr Murphy In regard to the
trutn or cnarges is u complete answer , government or this state. It charges
to a complaint, but the duty of the de- that Mr Ilarnes worked through a de
fendant making the charges Is to prove rupt alliance between crooked business
that they are true. I and crooked politics. All else Ib tm-
in a criminal case a man is pre- material, loll must nx your minu on
"' "trnes receiveu campaign, n,Ms of the past to sit beside him.
conmouiions irom Democrats and lie-. , ntlemen. the whole country hnsn't
publicans and agreed to furnish protec KOne ,0 the ,Ievn because the Republican
Hon to the private business of the con- ,,nrty or Mr. Roosevelt was defeated
v w ... - and Mr. Wilson was elected.
M- It na lA.van kla .l. n . .ma I
,..,,9 ,.tr,a,, tita (III, 11 Cf-. ill inu
sumed to be Innocent until he Is proved
to be sTullty. Precisely the same rule
applies In civil law. Innocence Is pre
sumed. So there Is nothing peculiar
In the law of libel as regards this
matter.
"When the court rules that an article
Is libellous per Be. when the court rules
these two charges. The only question
you have to consider was the article
true with regard to these two specific
points?
"I bale held that the word corrupt 1
does not necessarily rfer to Illicit pe- .
cunlary gain . that It Is not synony
mous with venal. It may mean a de-
that an article contains charges that parturc from fidelity, nn unfaithfulness
tend to injure the reputation of the , to n trust, (living the word that mean-
plnlntlfT, all that the plaintiff has to do Ing. Is It 'true that there was such a
hours and forty minutes Immediately
Iter the opening of court. He began
very quietly and seldom departed from a
measured style of delivery. Occaslon
l!y, however, he emphasized a point by
full toned shout ns he turned from the
Jury to Col. Roosevelt nnd from Col.
Roosevelt back to the Jury.
Attacks flowers' Appeal,
"I was a little surprised," he eald,
"when toward tho cjose of his address
Mr. Mowers forgot his function as a law
Mr Hnd went back to the landing of the
rilfxlrr.s. Oratory Is destructive to rea
soning, as a rule. Mr. How-em's ap
rsl was not an nppeal to reason. It
wasn't sn appeal to the evidence In this
cite. Vhat has the future usefulness
of Mr Roosevelt or of Mr. Harms got
to do with this case?
"This is a case between nmn nnd man.
I ple.nl with you to dismiss all that
from our minds. This Is not u political
discus-ion, but an action nt law. What
his the fact that American history, like
ll Haul, may be divided Into three
psrts. or that 'Theodore Roosevelt may
t compared to George Washington and
Abraham Lincoln' got to do with this
rase?
'There Is nothing here that should
rsuse dissension between Republicans.
Progressives or Democrats ; between
Cathnlics or Protestants; Masons, Odd
eiioos, i;iks or Kagles. The great
question is, should any man be placed
shoie the law, placed above tho reach
any law' The Idea that any man Is
wie ihe law Is something I cannot
.marine any man considering.
"Is Theodore ltoosevelt beyond the
nach of the law? 1 cannot see that he
lie is as much within the law as you
W I When you go Into the Jury
tsom vou go there forgetting that you
Progressives, Republicans or Dem
Tat and only remembering that you
f Jurors trying to do your duty ac
coril.jjjj to your oaths.
"I suppose that In the latitude that
alto, ii in addressing a Jury I might
r'd to you a quotation from Kmer-
SOn or u t,,jcl.i.. ..n. tf n
i-iimnftr liuilt .IUIIICI II 11
ireatUe on some form of religion,
f "" Hplscopal or Catholic. I
"lent rend to you a fairy tale and, in-
X Jhf,r' R on' f,'ry ,h1 'n,u '
"II have to tell )ou. or rather to ex
M,n to you, for It was brought Into
us rase by the defendant himself.
o Man Above- the I.smt.
"No man Is above the law. Thomas
Werion was at one period of his llfo
"i nminclal difficulties, Irut he did not
" mat becduse of his position he
boe the workings of the bnnk
"Ptey court and Daniel Webster did
Comparisons Drawn.
Ilarnes and Mr. Roosevelt had been : r T , I "y
ly associated. They had been ? ',rovc ,h', ,r",h, of the chnrg
ids for years. Mr. Murphy and lf h( succeeds he ho made a o
"Mr. Ilarnes regarded Mr. Roosevelt
differently from what Mr. Murphy did.
Jtr.
close
friends
Mr. Roosevelt had never been closely
associated. They belonged to different
political parties.
"Mr. Roosevelt knew nothing what
ever personally about Mr. Murphy. He
could destroy Mr. Ilarnes's honor. His
nttacks on Mr. Murphy could carry no
more weight than his attack upon any
other stranger and outsider.
"Rut It was the hand of William
Ilarnes's friend who wrote this paper"
and Mr. Ivlns held It aloft "and It
was the voice of his friend that pro
claimed 'I wrote It.' With the roar
of n mighty Nlmrod he said It. He
meant to kill Ilarnes. He meant to set
Is to put the article Into evidence ami
then rest.
Two Cuarses for Ilrfrner.
rorrupt alliance between Mr. ilarnes and
Mr. Murphy? '
"The mere fact that upon certain oc.
! oaslons Democrats and Republicans
"Two courses are open to the de-1 voted together In support of or In op
fendant. He may admit that he has position to certain measures, even If ad
done wrong. He may admit his pub-1 vised to by the plaintiff, would not bo
llshed libel. Then the Jury determines ! sufficient to show that the plaintiff was
what damage shall bo awarded to the i or rupt. '
plaintiff; or the defendant may attempt i "Take the Harte-Agnew racetrack
es, and I Pill. .Mr. names had a right. If he
thought proper, to nigne against It and
to urge Democrats and Republicans to
vote against it As regards direct pri
maries legislation the same thing Is
true.
"Ilarnes hnd a right to support or op
pose the election of AIM. Ho had a
right to oppose or support measures ad
vocated by Gov. Hughes, There Is no
evidence In the matters to support tho
charge of corruption. ,
Menntorlal Incident.
omph te
case,
"If he chosf the latter course he offers
evidence In Junsttflcatton of his act.
Justification may bo offered of tho wholo
libel or of a part of It. A man may be
charged with being a thief and a mur
derer. The defendant may prove both
charges and the verdict must bo In his
favor, or lie may prove thnt the plaintiff
Is a murderer and In that case no dam
ages may bo awaided.
"As I have said, tho burden of proof,
so far as Justification Is concerned, Is
on the defendant. He Is bound to
( satisfy you by a fair preponderance of
tne evidence, i no 1101 mean necessarily
meant to kiii names, ne meant to set i l"r """ - '
himself up ns the arbiter 'of opinion, the mere number of witnesses on one
He meant to dominate the Republican t sme or the otner, nue mat wnen you
party, have considered the testimony thero
"If' the statements made by Theodore must be some excess It need not be.
Roosevelt In this naner are true its ut- ' much, of credible testimony in ravor or
terance Is Justified. The truth cannot
be a libel, but no man, high or low.
rich or poor, has the privilege to He.
"A libel Is nn action for a lie. If
a statement cannot be proved a lie It
Is not libellous.
"This very eminent defendant has
come into court to urge a very large
number of circumstances In proof of
what he has said. All but two of these
have been ruled out of the case, ns the
court will charge you, so far as Justifi
cation Is concerned.
'Rut besides Justification there Is
mitigation evidence bearing on the de
fendant's power of mind. He would
have you believe that he was harmless
as a dove and that, when he wrote that
article, he was completely Influenced
by articles In maglzlnes nnd newspapers
which be had previously declared to be
not only unworthy of credence, but
enemies to society.
Third Terra Cnndldnry,
"Refore leaving the White House In
fact as soon as he had been elected
President Col. Roosevelt had declared
that he would not be a candidate for i
a third term. He went to Africa after
his term was over and became a mighty
hunter, a great Nlmrod, and then he
returned and settled down at Oyster I
Hay to await events.
"lt may be that the Insidious hand 1
of the third term was knocking nt the 1
door of his mind. If that 1 do not I
know, but I do know, as wo nil know, I
that when the State convention of 1910 I
came on he Jumped Into the tight, de- '
leated Vice-President Sherman for tern-
pornry chairman, made Kllhu Root, a
the contention of the party on whom
tho burden rests.
"When the defendant falls to prove
the truth of one or more charges the
plaintiff Is entitled to the actual dam
ages he has sustained. When the de
fendant has not Justified a libel, when
some damages must be awarded, when
the Jury In satisfied thnt the libel was
published with actual malice and with
reckless and wanton disregard of the
plaintiff's rights, the Jury may assess
punltlvo damages, damages In the nature
of a due, to prevent a repetition of tho
offence, to punish the defendant for tho
wrong he has done.
"The Jury" mny consldrr the question
"Hut there Is some evldenco on tho .
subjicts that I submit to ou. That
evidence relates to the Senatorial situa
tion in 1911. If Mr. Ilarnes ns leader
of tho Republican party agreed with Mr.
Murphy as leader of the Democratic
party thnt he, Ilarnes, would keep thu
Republican legislators steadfast In vot
ing for Mr. Dcpew, not for the purpoi 1
of benefiting the State or obtaining a
more useful Senator, but for the purpose
of giving Mr. Murphy a free hand, thin,
I say, thero is prima facie evidence.
You may find that such an alliance was I
corrupt.
"So, was there eueh an agreement be
tween Mr. Ilarnes and Mr. Murphy, and '
lf fo, was that agreement corrupt In the
sense that It showed disregard of duty
by Mr. Ilarnes ns the head of the Re- j
publican party?"
Justice Andrews reviewed the testl
mony given by William Loch, Senator J. I
Mayhcw Walnwrlght nnd Franklin D. ,
Roosevelt that Ilarnes hnd admitted a
corrupt arrangement. He mentioned the '
I
that because ho was a great proven membor of his own Cabinet, per
,,m;i" ,,"'rp w8 no reason why he
"Wl'l not pay ,h debts.
I plead with you In my function as
layer to iiimniH, ai that from your
suit ,TlllH K n,a,n' ordinary law
It is not a political controversy.
k. y i,K,'"n Theodore Roosevelt Is not
tn law
and
I Ask vou to not
i.e. v"' hy ,he K'arnor of his record
"fore the public eyo.
An attack upon a man's honor In like
n" tlack upon a woman's chastity,
believed his usefulness Is
. . cl,nnot live with his fellow
lie Is an outcast and a pariah
J"ni: them, He must fight for his
"?.r a he must fight for his life.
. . "! ltoosevelt has dntin rntmirknhln
x, .M in., msiory oi tins country,
h isHn" rollnu'd. "Breaking- away
lLi, !",m ,M organisation whose
hJ . I"11' advanced and which
lnV"'lvanced his fortunes, he yet had
"ough to take with him nearly
.500,000 of votes.
la ? ,IUcl 'font a man of such power
" attack which must be met and
manent chairman ; forced the nomina
tion of his own candidate for Governor
nnd absolutely ruled and dominated the
party ns not even Thomas C. Piatt him
self had ever done."
Mr. Ivlns reviewed the history of the
Senatorial deadlock of 1911.
"If Mr. Barnes, as a powerful leader,
had wished to carry out a compact with
Murphy and elect Mr, Hheehan," he said,
"it would have been the simplest thing
in the world. All that he would have
had to do was to persuade eighteen of
the legislators to remain away one day
from the session. Thnt wodld have
elected Mr. Hheehan. But Mr, Barnes,
on tho contrary, urged every Republi
can to remain at his post, saying thnt
'every Republican who stayed away
would mean that the Democrats would
need one less vole to elect their Sena
tor.' "The time came, however, when It
became apparent that the Republicans
In the Legislature had another duty
besides voting for Mr. Depew, A spe
cial session bad been called by the Pres.
Mahogany
Tan
Oxfords
COWARD Mahogany Tan Oxfords combine a
very pleasing style with the well known remedial
features or the Coward high shoe. They are cool
and comfortable, trim fitting and serviceable.
Coward
Shoe
is made for discriminating men, women and children
who want comfort ana durability in their footwear
without sacrificing style.
Sold Nowhere Else
JAMES S. COWARD
M4474 Greeawlch Street, N. Y.
...... . (Nw Wsrrtn SirMt)
Mall OrtJcra Filled Scad lor Cataloej
Reduced Rates
For Telephone Service
Within the City of New York
Effective July 1, 1915
iW schedules of rates will become effective July 1st, as the result of
an agreement reached by the Public Service Commission, Second
District, State of New York, and the Telephone Company, and in ac
cordance with the formal order of the Commission dated March 30, 1915.
The general features of these new schedules under which the telephone
will become an even more active and efficient aid in the affairs of the metrop
olis are as follows:
. By grouping the Zones into which the City is
divided, the "lecal calling areas" will be
greatly extended.
S. A reduction in the standard rates for service
under message rate contracts will be made so
that the maximum rate per message within
the extended "local calling areas" will be 5c,
ranging down to as low as 2 He, according to
the number of messages used.
B. A toll charge will be made (or calls to tele
phones located in Zones beyond a "local area."
The rate will be 5c per call to all except the
more remote Zones. To such more distant
sections a charge of 10c will be made. Calls
to the 5c. or 10c. Zones, however, will not be
counted against the number of "local" calls
provided for in the subscriber's annual con
tract; the total charge, therefore, for such
messages will be but 5c and 10c respectively.
The following is an example of the manner
n which the new rates will apply:
From subscribers' telephones In Zone 1
(Lower Manhattan) a charge of Sc. or less
per call will apply to calls to Zonea in
which are located 99-92100 of all the
telephones within the City, leaving- only
1100 of 1 to which the maximum charge
of 10e. will apply.
4. A liberal reduction in the standard rates for
Private Branch Exchange Service will be
made. Individual Line message rate subscrib
ers requiring a considerable number of local
messages annually will be able to secure the
greater flexibility of Private Branch Exchange
Service at little or no increase over their
present standard rate.
5. A reduction will be made in the annual charge
for telephones connected to a Private Branch
Exchange switchboard where a considerable
number are used, making it possible for large
establishments to become completely tele
phoned at practically no additional expense.
6. Rates for calls from public telephones have
also been reduced. The charge for calls be
tween Lower Manhattan and Brooklyn will
be 5c, instead of 10c as at present, and in no
case will the rate for calls between even the
most remote sections of the city be more
than 10c
NOTE: There are no changes in local rates or
calling areas in connection with standard local
flat rate schedules.
Certain changes or adjustments may be advisable in your service in order to fit it even
more closely to your needs. If you will notify us before June 15th, we will make every
effort to have the changes effective July 1st.
Rate cards showing how you will be benefited by the new rates may be secured on
application at any of our Commercial Offices.
Why not be prepared in advance of July 1st? Just telephone the
"Commercial Department" and ask about the new rates now.
NEW YORK TELEPHONE COMPANY