Newspaper Page Text
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