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Daily capital journal. (Salem, Oregon) 1903-1919, April 20, 1915, Image 1

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"?vn ffL HltlL. fwk. ! -HIT (i
Today's News
Printed Today
IRTY-EIGHTIIYEAR LEOREGONTOEAmL CEWCT
Wt TflTTFR NR ON iN ls iT Sis coming wn m arrears "ppnupvniiD pu adopt
lflL Jnnr nr n. nnm, P1HIHE Un TfljT n II AI ELEVENTH HOUR " KUVt YUUK bHAKhtO
VERGE OF CAULDRON ? H1S . u n ir s IS GAGE THROWN OUT
eat Activity On Austro-Italian Frontier and Declaration
Is Expected Any Moment-Long Expected "Spring
Drive" of English Is At Last Begun British Hurling
Fresh Troops At German Line In Hope of Pressing
Tliem Back To Own Line of Defense
Borne, April 21. Italy's last word to
j'lFtrin expected to taKe tne rorm ot
jt ultimatum may como at any time.
'Tlu nntin is roadv for war. Kven
He pro-Austrian party has lost hope. It is as costly in human lives as that de
li atcfited today that tho government veloping in Belgium, however. The
.5 merely niniking time until the select- British losses are extremely heavy, it is
id hour" shall arrive. So certain is of- admitted, as tho attack is being direct
fialilnm thai the conflict cannot long cd against very strong entrenchments.
..'Jf portpned that the Austrian ambas- Much of the fighting is being done at
avhir 1ms wired his brother to prepare close quarters with mining operations
li Innliriiick villa for occupancy. playing an important part.
'.'jl'pon tho frontier the greatest activ-
,rr is in evidence, i Advance Is General
f I Paris, April 20. The fighting de-
fly Ed L. Keen. United Press Staff j veloping at several important points is
. jj. Correspondent.) i believed today to be preliminary to a
London, April 20. After months of j general advance which is to be attempt
ailing und trench-fighting, the British led. Tho greatest activity is being shown
'tyring drive" in France a.id Eelgium ! ubout Soissons, Rheims and in the Ar-
, i now n renlity. igonne, it was stated in the last cominuu-
.r'rom a point near the Belgian sea-.ique from tho war office.
st, southeastward to the vicinity ot That the fighting is being pushed
Kitchener's army is forcing the i with utmost vigor was indicated by the
'juninus hack. The center of tho at-j enforcement of a strict censorship to-
, ytl it oust of Ypres where heavy fight-: day.
,tf in reported. Already the capture j The capture of Roland Garros, the
ihii important height known as Hill HO great French aviator, has been explain
',( been reported by Field Marshal lod by the war office as being due to his
, xtf"t. Willi frch British troops hav-j motor stopping while he was on a re
st arrived in the front, the main Brit-connoitering expedition. Garros endeav
lA force is believed to bo attacking on'urcd to volplane into the French lines.
Cm running northward from the re-, but landed in ono of the chief German
, fuf Ypi'cs to a point beyond Pilken. 1 trenches where he was made prisoner.
. fcntire line "f attack, however, ex-j
.,.: over a front of nearly 40 miles. French Are Repulsed.
To Reclaim, Belgium. I Berlin, via wireless to Suyville, L. I.,
th neeepted today that the move- j April 20. Renewal of tho German sap
m, wtiir.u is referred, to offically as! ping attacks in the Champagne region
'important" the beginning of the at- land repulse of the French in attacks
tempt to reclaim Belgium. ' upon positions at other points along the
t Hhoiild the present diive of the Brit- battle front were reported by the war
;h succeed in suinyine buck the Ger-i office today.
ian from their present portions in; "A French ntack north of Four de
itchmm, they would he in grave danger Paris failed," the statement declared.
:if being hurled back upon their line of ' Between the Meuse und Moselle there
oiiiiiiiiniontioiis. This would he of the is only one isolated artillery fire. A
acutest nrsistnnce to the offensive be-, French nltnck nenr Flierv broke down
nig directed by (lenenil Joft'ro. and, it j before our artillery fire. "
i he.iewil hero, might result in the ex- "Near Croix our troops entered the
nlsion ,,! the Hermans from northeast- enemy's main position. The Germans
;m trance its well as King Albert's also stormed nnd re-occupied the vil
li" V . . i luges of Ember and Menil in the Vos
French Active in Alsace. A French attack against the Sil
tAtiemei.v activity is being sown by lacker Heights failed. Our advunce
' '" A where they are di- ubout Ilnrtmannsweilerkapf gained 100
"ig their drive toward the Rhine 1 meters.
, tli the greyest etermination. Tho j "The situation on the eastern front
Wither h:is improved i that section is unchanged."
Seel Company Asks
j For Railroad Receiver
-1
i'1'"". April The American
'"! Car and Foundry company, of
Vwersey. today filed a pelition in
'"'''"'I "'irt hero asking thnt a
J-ner l. nppoiiiied for the Chicago,
. bhmd Pacific railrond.
1 new development in the trouble
''lt"ut of ,. finnneial difficulties
?' Rock Island was met bv an an
m filed by attorneys fot the road,
.?"". allegations of the peti
"asking tor a rei eivershiji. The lie
' ' "lines ,he Dock Island is Li
" mo 1. .,,(. fo ,,,,., futmn ox.
I " no iii it resources.
. ?5' 1 tcr appointed Jacob M.
T '."'"ii. loriner secretary of war, and
t -lii.lje, president of the Rock
. ns ,. ,nrH r t In- rad in re
tne peiiti ,vi filed. The re-
. .'IcMiim".!,"!, i "n,1,'r h,ml of
Mason Says Germans in
West Are on Defensive
' J V T. Mason, Former European
V 01 tl,e Umud ""
1m ,h,. ' U probable
-tyr "'" " reports describing the
. H permanently
if,
fit,, trn
i'.'e ,.,'i ",' ,H"at r,illt I'appen in
'. "".'Mini Lefore the war
V I,..,,. ,h" possibility thft
.u,, "Mt develop a new of-
.,.i.' aginn.t puri or unon
'torn,
" ''in
' M:f ...
It. '
f i. to
Ttiiiif.
'ut as winter pass
'"i-l slnlr U una- t'df
'"mi ,,,," """"'' without major
i n.i,,, tllf' ciriclusion nmst
' " M Ti '", offensive
lloW.'Vpr is nnl lira.i.u
hut the Cerium,.,. r,.l.l
. '".fl.c
I'd a ti (iff...i,. :..
Iff.
1' ll.-i
noun.
The withholding
. r in rii lire
'km .i a element es
' In,,.. , . n' the (lermans
Htf i . . ", "
"""I di,...i;.,
ii.
'r the nermann have
""nsue, at Soissnns
r,f .'snuarT,
and the condition of tho roads now per-
uut9 the movement ot artillery.
It is not believed this fighting toward
the eastern extremity of the battle line
Hope Is Dead With
Bullet In His Temple
i ..
Long Bench, Cal., April 20. John B.
Hope, Jr., aged 22 who said he was the
son of a wealthy attorney of Beverly,
, Massncluisette, nnd a I'rinreti.n law col
ilege graduute, shot himself in the tem
ple last night at the door of Mrs. (Sara
Fnrrar's home hero, whore he had been
staying since August, nud died early to
'day in the Long Beach sanitarium.
! Hope left u letter to Mrs. Farrar,
jwrittenin endearing ter;ns. Debts which
he had incurred and fuilure to receive
, money from his people, together with
inn nlloged complicated love affair, are
j believed to have brought about despond
ency, which prompted his act.
When company comes, a woman pals
a lot of thiiigs'oii the table that she
, knows will nut be tasted. She puts
: them there just to be in the way and
I make a showing.
1 Ahhoiigh the German military lend
; ers nnve shown wonderful foresight
nnd teinnikiible powers of organi'jilion
jthey were prodigally wasteful of re
iservj iiiiimunition early in the war. Hn
were the allies. Both scattered their
,fire instead of concentrating it, and
j only lately has the preponderating
power or unlimited artillery fire ceo
i tered upon n small area been recogniz
ed. The Germans and allies both now
;laek ammunition for this purpose.
I "lh the lack of ainmiinitiun and the
I necessity of sparing life, with n large
part of the enemy's territory in their
, posses ion and the extreme hazard of
jtrenen warfare tne aiieieriniu in
jflueme upon the Getmnii general staff,
j it is diffi.-nlt to believe that a new Her
;man offensive iu the west will be at
'temped. ro far the German of
fensive Is concerned, the war is probab
i Iv ende.l in France and Belgium, unless
'and give the Teutons an unexpected
and kiv the eTutms an unexpected
I opportunity.
Supreme Court Hands Down
Decisions In Important
Cases This Morning
I'lion the giuiind that the trial ccturt
erre I in refusing to instruct the jury
upon the law of contributory negligence
and in Btriking out defendant 's plea
of same, the supreme court this morn
ing reversed the decree of Judge (.'lee
ton, of the circuit court for Multnomah
eo.inty, in the case of Joe Kusznik vs.
the Alger Logging company, and re
manded the case for a new trial. This
is a case in which Susznik wus award
ed a verdict for $l"i,000 damages for
personal injuries against the defendant
company. The opinion was written by
Justice Benson,
The defendant is a Portland corpora
tion, with headquarters in Portland,
but its logging camp is located in the
:'tate (tf Washington, near Shamokuwa,
where tho pluiutiff had been engaged
lo work as a "wood buck" nnd was on
his way to the camp to go to work for
the uelenilant when lie was iniured by
bein struck with n locomotive operat
ing a logging train tor the defendant
company.
Tw important points of law laid
down by the supreme court in this caHe
are thnt, although the plaintiff had
signed up to work for the defendant
he was not actually in their employ un
til lie nail gone to work and, there
fore, the action for personal injuries did
not como under the juiisdietidii of the
nsniugton. compensation act. but un
der the law governing transitory ac
tions: and that, even though the plain
tiff paid no fare to ride upon the de
fendant's logging train on his wav to
work, the company wns resptcisible for
any accident which might beiull the
plaintiff while a passenger upon its
i nun uy consent.
MerchsuvtB' Regulatory Act Void.
Holding that the net of the legisln
turo of 11U3, licensing and regulating
commission merchants, is uiiecf-istitn-tionnl
in that it clothes the railroad
commission with extraordinary powers
of regulation and control in the body
of the net, no hint of which provisions
is given in tne title, llie supreme court
tins morning, in un opinion written In
justice Benson, affirmed the decree of
Judge Davis, of the circuit court for
Multnomah county, in which the prose
cution of B. II. Levy nnd J. J. (,'nle.
under the provisions, of the act, is dis
missed. Defendants were found guilty
in the district court for Multnomah
county und fines of .$25 each were as
sessed when appeal was taken to the
circuit court.
Canton Sentence Affirmed.
Ruling that the ndinissinn of evi
dence und the court's instructions to
the jury upon tho question of corrobora
tion of testimony of nu accomplice,
were in nil respects regular, nud that,
although it is admitted that the minor
accomplice is n degenerate he is ce
sufficiently sound mind within the eyes
of the law to admit his testimony as
evidence, the supreme court this morn
ing affirmed tho judgment of Judge
I'lllkins, of the circuit court for Jack
son county, in the case of the state vs.
W. J, ('anion, ( anion, the defendant,
has been practicing law in Orcgun fur
the jinst 21 years, was a prominent and
respected attorney, was convicted of n
statutory crime upon the person of
Kichnrd I 'of finnn. nud wns given an in
determinate sentence of one to l.'i years
in the penitentiary.
CM her decisions today were as fol
lows: ,1. M, Tiomev vs. J, T). Casey, appel
lator Appealed from Mult noiiiuh coun
ty; involving rental of a lease of real
estate. Opinion by ( hief Justice Moore
Judgment of Circuit Judge Davis in
favor of plaintiff modified.
Frank A. Pierce vs. Ilertha F, Parks
el ,ll. appellants; appealed I'loin Coos
eoiiu'y: suit tt reform deed. Opinion
by Justice F.nkin: judgment uf Circuit
.lnde Coke in favor of the plaintiff
iiiiiibfii.il and affirmed.
F. F. Smith vs. W. H. Molt, appel
l:i nl; appealed from Marion county',
notion for the recovery of money. Opin
ion by Justice Itcusiiu; judgment of Cir
cult Judge Kelly for plaintiff affirmed.
Frceu C. I.uve s. I'Mwin I. iliste.lt,
upp.'lhint: appealed from Multnomah
county; suit to compel specific per
form nice of a contract to urehnse laud
Opi'iion by McMii.lc; Circuit Judge
Davis' judgment lor the plaintiff uf
firmed.
' State of Oregon, appellant, vs. Pn t
of I'., union, iiividv'ug legality of i rout
ling port, former opinimi of court nd
hered to. Opinion by Jiiitue Meltrlde;
Circuit Judge Coke's judgment for do
lendint affirmed.
Petitions fur rehearing were denied
in .bisie Pnllen, nppcllaut, vs. City of
Ktigo.ie: Nye vs. Lincoln County Bunk;
Siinii'ksen vs. Hood Hiver (ins & Klec
trie -ouipany; Robinson vs. Un k; Tar
lor vs. Peterson.
GROCER SUICIDED.
Watsonville, 'nl., April $1. John W.
Stow, .HI, manager of a grocery utore
here, committed suicide earlv todav U
lbloing his head off after he is said
til have confessed to embezzling funds
of the firm. Me wns a native of Wat
suuwlle and prominent socially.
President Wilson Makes Stir
ring Speech To Members
' of United Press
AMERICA WILL HELP
IN RECONSTRUCTION
Basis of Neutrality Is Not In
difference But Sympathy
For Mankind
DECLARES MEN ARE
SLANDERING NATION
Has Complete,' Abiding Faith
In Great Body of Silent
Americans -
BY JOHN EDWIN NEVIN
k New York, April 20. An abomin
able libel of Ignorance was the char
acterization made by President Wilson
Uils afternoon of suggestions that
America would be divided should it
bare to enter the war at the prosont
time.
In a stirring address before members
of the United, Pre:) the president ap
pealed for real neutrality.
This ls the
I i ii , i, I,-
'1 'PPKmFNI?'?! P flt-4l
TXi-'Kmrlii
I '
VtlkMW ias.totf, fafr-ttiAiJ
. . i . i. -.ia . , . , 'the Turkish forts, ran within range of
duty of America hjeoaid to think of .l,,, ),,,,! torpedo which
America before E uwpj. The rea tost ,,,.,,,, ,?,. vessel, one of
or neutrality, the prMldmt declared,: , , unk ,,, .,..
was not to ue sympathetic with one f , , ,,,,.,, , v,, ,,.,., H ,,,,,
side or the other but , to get ready to ,.-,. Uw ,,.
aid both Hldm w)in the time arrtvod.
mid.
;Uw denounced, the
publication of fns 'eporti such aa the
recent Turtle Bay atones regarding;
v l.i ii a u v.u .w - n--- -is
T.,n... n,.(ivitli.s on th M.,lr
coast, which ho said could not be de-
fended. The president spoke in part
aa follows:
"I am dooply uratlfled by the gen
erousness you have accorded me. It
makes n e look back with a touch of
regret to former occasions when I
have stood In Uils place and enjoyed
i greater liberty than Is granted me
today. There have been times when
I stood on this spot Mid said what I
really thought and I pray Ood that
tliosa days of Indulgence may be ao-l
corded again; nut i nave come nere
(Continued on Page Hii.)
The Weather
Oregon; Fair to
night ami Wed
nesday; cooler
east portion to
u I g h t ; westerly
winds.
I'M trVff VuffS)
S aB
Insurance Policy Cannot Be
Revived Upon Death Bed
of the Insured
"The assured cannot take chances
and miike default during good health
and nftcrwaids, when death threatens,
come fcirwnnl with the arrearages and
claim the insurance. None the less, un
der such circumstances, can the bene
ficiary ut the eleventh hour take up
a project which the assured has aban
doned nud expect to profit thereby,"
Tims saying, the supreme court re
versed the decree of Judge W. N. (la
tens, of the circuit court for Multno
mah county, in the case of May V,. A.
Ilartman und others, vs. the Nntioiinl
Cinncil of theh Knights and Ladies of
Security, in which the pinlnliffs were
given judgment for iflOOtl upon u policy
held by their mother in their favor in
said fraternity.
In this case it wns shown thnt the
mother had failed to pay her dues for
two months, und that when the mother
took sick with typhoid ami uremia and
was lonfined to Hie hi, pital, the daugh
ter paid up the arrears on the policy,
hind, ufter death of the mother, at
tempted to collect the insurance. The
opinion was written by Justice llur
nett. State Jurisdiction Ovor Saloons.
Thnt the issuance of ull saloon li
censes by municipal corporations nnd
powers given municipalities by the
home rule amendment to the constitu
tion are still subject to the conslitiitiun
and ciiiiiinul laws of the stale, even
though it reads: "the voters of every
city anil town ure hereby grunted ex
clusive power lo license, etc.," the su
preme court, ill un opinion by Justice
Knkin, this morning affirmed the con
viction ol rntz hit sen ot the crime
of selling liquor to u minor in the cir
cuit court lor ( lackainas county, he
lute Judge Campbell, und held that his
honor ljccu.se was utitomnlicallv can
celled upon such conviction under see
lion 2112 of Lord's Oregon laws. In
this case the court also held that the
foreman or member of a grand jury
may be properly called as a witness
for the purpose ot identifying the de
lend. ml.
Loudon, April 20, The herois f
volunteer crews of two British patrol
boats which steamed into the Dardan
elles and destroyed the submarine K Ifi
that the English vessel might not full
into the hands of the lurks, wns re
corded by the admiralty today. Con
trary to the claims ol tne nuns tnnt
the K-l.'i was sunk by their gnus, the
admiralty declared it was demolished
by the two patrol bonis when it was
seen the position of Hie submarine was
hopeless.
. i i., .1...
I III1 I'. IO mil lisnnie llir-im- nil- niiiinn
ftT making a dive. I'nder the fire
'"' ll' ''.'"'ki"11 ""' "'";"
nun un uiniiiMin nu, u..,,...
salvaged and placed in serviceable con
dition. The patrol Imals llica pot nut,
and, though subjected to 2011 shots from
mini wiih lout in tin' prrl'imiim-)' of Hi"
(Some wives spend a lot nf lime re
nume nivi-s njii-iei i i"i "i i
, i i.... I,
,. 7i, .i.ir huslnind's.
sbaiids.
ft
THE WAR LINEUP.
Ilnly rilimiitiim to Austrin
especteil at u 11 y time. Accepted
govi.rniiieul only wailing for
cleo(i.i hour to enter the war.
lieruiany Hupping operations
renewed in Champagne region.
French main positions entered
at one point and enemy's at
tacks all sections repulsed. Hit
uution east unchniigeil,
Kngland Proiniscl spring of
fensive of the British in pro
gress. ( enter of attack east of
Vpres where impoilunt gains al
ready made.
France (Ireutest activity
about Hoissoiis, Khcims und in
the Argonue. Believed fighting
preliminary to general of
fensive. Turkey Two Turkih torpedo
destroyers sunk by Kas-inu
niiiics'niid Turkish - fleet ma
rooned in Black sea.
If you are hy of enemies, forgive a
few of your friends.
Barnes Submits Evidence Before Noon Luncheon And
Roosevelt's Attorney s Admit Alleged Libelous Statements-Surprise
Is Sprung When Colonel Is Called To
Stand-Calls Him "Arbiter of Nation's MoralswWit
ncsses Tell of Highway Frauds, Padding of Payrolls,
Demoralization of Penal Service, Etc.
By BOND P. OEDDES.
(Unitod Press Staff Correspondent.)
Spracuse, K. Y., April 20. " Prove '
your charges! '
This was the gag.; of battle thrown
down tulay by the forces of William
Itaraes, Jr., who is suing Colonel Theo
dore Roosevelt for tf.Hl.OOO libel diiin
nges. Barnes evidence was virtually all sub
mitted before the luncheon recess. At-
torneys for Roosevelt Bilniitted ull the
facts in connecfiiii with the alleged li -
bclous statements, in which the colonel
accused Barnes uf being n political pal
of "Moss" Murphy of Tainnianv Hall.
After it was announced y the de
fense that Colonel Koosevell probably
would be tho first detense witness In
the alteriinni the Humes lawyers
sprung a surprise by culling the colonel
to the stand.
Those walchiug the case believe Hint
the olonel will attempt to meet the
challenge of attorneys for Barnes, who
told the jury thai if was up to House
volt !o prove that Humes wus "in al
liance with crooked business and crook
ed politics."
"We will now call upon this man,
this power, (his arbiter of the nation's
morals, to prove that slaleinenll " yell
ed William M. Ivins, . attorney for
Hani -s.
Battery Replica.
Hn iscvclt 's legal battery immediate
ly met the issue.
"This is a fight for decent govern
ment," roared the colonel's lawyer.
"The nltnck of b'ooscvclt wns not made
against individuals but against the sys
lem." I! was anticipated thai, in support
of this assertion, sensational political
disc'iisiircs would lie made. Agcnls (!'
big ol t K it figures were said to lie in
(he court room.
Listens to Criticism.
liunsevelt listened intently to Ivins'
oiitidstus of himself. When the nlleg
cd libelous stutcnicnt wns rend, the col
unci bobbed his head continuously ill
omphalic approval.
The defense complained to Justice
Andrews ubout Travis' refusal to pro
French Women Not Fickle
Is Declaration to World
By Henry Wood. en the diameter of the (lennans, but
Paris, April II. (Hy mail to New l make Hie world know and love the
York)- The world is in know ill least real character of Hie French woman, is
thai Hie I'rein h women of today is not what the comuiillee plans. As yet it
a mere creature of "pleasure, of has not made puldjc whut will bo its
coipicttcry, and of perdition." , method of campaigning, but it has
'fins is the decision just taken by II established peiuinoent headipiarters and
committee composed of the leading wo- invited mil only Hie women of France,
men of France. Amongst ils uii'iiile'is but French women in every country ill
are Madame Hiiynioed Poiucare, wile the win Id lo join In the crusade.
of the president j Madame Alpr.oni
Dnndct, w ife of the yrcut wnior; I The French authorities are hnving a
Madame Itcnn Vi.inni, wife of Hie great deal loss difficulty in locating
prime minister; .Mndniuc Didciisie,1 Herman spies than they are in finish
wife i.f Hie minister of foreign nff.iir.': ing small boys who persist In running
Madame I smille Pll'iuuiurion, wife nl iinnv from home nud joining the troops
the giciil, l-'ii' n ' L nslionomer; Mad mi.' at the float. Recently tho number
V"tor Aiikiigiioiir, w'fe of ibe minister who have gone I,, save "Iu piitrin" has
of i mi. ne; Mad'ine Juliette A lam: becom,. so great, Ihut speciul guard
I'll M:i"inse of Ciimiv; Coiiuless Urol- lime I i placed at all the depots to
i'l.hlc, H e duchess of I'es mid a do"ii
others whose names are eiinallv prom-
i , - -
liiient.
I A worldwide crusade o bdmlf of
llie good reputation of the I'rciicli old I'.diuonil Lioret, who lived in the
women is to be begun at ouee. The line de Fublaiiies at M"iu, lie went
world ill large is lo be tuughl that she-to revenge himself on thn "bodies"
Is all thai ii woman should be, and fur having wounded his brother. The
especially the lieiilrnl nations in the imte he left to his mother reads:
present w,ir arc to bo taught to love "Mum ma; II is not worth the while
and respect her. l or the crusade is a lo try mid find me, us I have gone to
direct oilier i,f Hie war. I Hie front. Rei ulier that a French-
With their husbands, brothers,1 mini must ulwnys die for France. I
fathers und sous dying In the trenches, have gone to revenge Leon. Adieu."
for "la pntrie" the women of France,
declaie Ihey have been slung to Hie' M. Vnlery lllnbit, son in luvf of
ipiiek by Hie Impression sprcmi abroad Pasteur, has just upend a hospital at
that they are unworthy of the men who Heuilly fur soldiers rendered blind dur
are thus nobly dying for Fiance. This lug the present war. The number of
impression they declare is nothing less these is declared to be far greater
i
than a part of the campaign which
lieiuiiiliy has curried on the worm over
to the detriment of France. Fspecinl-
ly lh"V insist have the llermuns sought
eer where to instill the Ideas that the
French woman of today Is a lucre "be,
lug of lightness and decadence.'
I n support of I hose charges against
the Hermans, the women of the commit
tee have elected a vast minntitv of
literiituin diffused they insist by Cor
many in all parts of the world. New
agencies, sobi.iriv iiewspniiers, cor-
respondents, pamphlet writers and
even private correspondence are a few) Those fur whom a cure cannot be or-
of the ana which they insist Hermany fected will be taught an occupation and
has employed to this end. positions found for them where they
A couut'er organir.nlion, not to black- will be self supporting. l4
Iduee the documents. Andrews did or-
der their production, but said that an-
other effort should be made to obtain
thein. lie expressed a willingness to
issuo an order for the production of
any elate records that might bo desired,
if all other menus of securing them
proved futile. Council for Barnes did
not object to the production of tho evb
den.'C.
Continuing his opening statement to
I the jury, Attorney Ivins traced Moose-
velt',i career to show the great force
! behind the alleged libelous chargo
against Barnes.
"Koosevell," asserted Ivins, "be
came the greatest arbiter of opinion
that has ever been known in tho United
Wiites.' '
Ivins recited Barnes' npHisition to
Colonel Roosevelt iu the republican na
tional convention in Chicago in 1012
anil declared the colonel 's defeat there,
hud caused "inallce." Because of
Roosevelt, Ivins said, Htuto Henator
j Harvey llinmiin had procluimvd his In-
iiepi'iiucnce or names.
"A statement of the truth is not
libe'ous, " un id Ivins, in accepting the
issue of justification und tho truth rais
ed by Colonel Roosevelt's reply to
Humes' suit. "Hut that do's not give
the privilege to defame,"
Ciibmcl Roosevelt, after looking over
n n i n 1 1 ii-1- of legal papers, gave close at
tention tii the statement of Barnes'
counsel, nodding nnd smiling Interested
l.v dining tho rccilul. Barnes did not
change expression.
Jiiili"!' Andrews indicated during the,
morning that he might rule out some
of the testimony to be offered by the
defense iu support of its plea of justi-
tication. He sunt 1 but while some of
( ,
olonid's evidence might bo admis
sible, other purls of it might not bo.
Opening the battle for the defense,
Attorney William II. Van Benschnteii
said Hint Humes denied Roosevelt's
right lo light for decent government.
Example of Work.
As an example ol' the work of tho
svst"iu which Van lleiischoten said
(Continued on pngn ait.)
prevent their departure.
Hue of the lalcsl to elude these ttnol
, , , , , i i ,
I prcsiiiuiibl v to reach th front where
he has nnl yet I n locate,; is Pi-year.
than any one up to the present moment
nas supposed,
Aside from hundreds of cases of
blindness brought about through direct
injury to the eves, it has been found
Unit even more oases develop la an 111
lirect wav. These come from frag
ments of bursting shells which strike
Hi blieis nt the buse of tho spinal
column, The injury to Ihe uervus there
brings n bou I blindness. It is especial
ly this class of cases thnt M. Vnlery-
Kadot will undertake to pruvlde for at
j his hospital. He already has 2.)l) cases.

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