Show BARNES BARNES' CASE UP TO JURY Members Locked Up at 1 11 1 o'clock Last Night After They Had Deliberated for More Than Seven Hours and Failed to Agree on Ver Verdict CHARGED BY COURT TO SINK PREJUDICE E Judge Andrews Declares Decla es That Roosevelt's Statement W Was s Libelous in Two Respects Respect's if Charges Are r Not ot Proved Burden Is Ison on Defendant COLONEL SCORED BY IVINS S SYRACUSE 1 N. N Y May I 20 Th The jury chosen to determine whether Theodore Roosevelt libeled W William Barnes and if so what sum sam is commensurate com l- l with the damages es sustained S by us the latter was locked up at 11 o'clock tonight ht after affer it had bad deliberated ted ted for m more re than seven seen hours and failed to reach a verdict A request in involving politics was yas Int made le by one of el th the jurors on the single occasion when he and hii his companions were brought baek the courtroom r r Juror Xo No o. o 3 3 Walter r f. f J f Zuill a a. Syracuse manufacturer r and a Progressive Progressive Pro Pro- n asked Justice William S. S Andrews vho ho Jias presided at tile the trial of Mr lr Barnes' Barnes sU suit stilt t to reiterate that part of ot his hits charge in wh which ch ho lie said that the jurymen would not be performing their thel sworn Vorn duty they duty i ith th they r considered 1 politics or 01 1 allowed th their their- Ir individual dual political beliefs to play any part inthe the inythe reaching ing- ing of a verdict The jur Jury retired at t ocl o'clock ck this afternoon after atter William M. M Ivins chief counsel for Mr Ir Barnes had summed up tip the ca case of the plaintiff and Justice Andrews had haq delivered his charge Suggestion l I It- It y Juror When at 0 ri o'clock no 1 word wort had come front from the Jury jur room Justice Andrews sent for tor the twelve twel men Then Ihen Juror No o 3 addressed the court in part lart as follows I dont don't know kno but what it would bo be boa bea a good g Idea if you OU would repeat that part of ot your our charge in which you U said lid that no political opinion of of or our own should In an any v way was affect us reaching a verdict That we should overcome all personal prejudices that in reaching reaching reach reach- ing In- Ina a decision we should consider nothing nothing noth noth- ing hut the evidence and anti that alone Justice Andrews replied that he ha thou thought ht the tho jur Jury urel surely must understand understand understand under under- stand that It would not be performing its duty If It It did otherwise lift lie then announced that he would ad adjourn adjourn ad- ad journ burn court until 10 o'clock tomorrow morning when a n verdict If it found durIng during during dur dur- ing the interval would he be received The fhe jur Jury then retired until 7 j o'clock when the twelve men left the building for or dinner Upon their return in iii half an hour the they resumed their deliberations behind locked door doors Would exclude Politic Mr rr Ivins began his address toda today hy by defining his duty and criticizing Mr tr Bowers for Cor tIdying delving Into politics What hat hot he ho asked has the future usefulness of ot this defendant or 01 even on enot of ot this plaintiff got to do with this tills action at law He lie discussed this subject with t-ome t detail the tho politic poli poll deta l ur urging Jury jur to forgot fOlget tic tk tics and remember er that this is Js not a 9 apolitical apolitical political contro controversy r Mr Ir Ivins referred to a part pf Jf the stor story told b by Colonel Roosevelt Hoose as ns a a. Fairy taleThe tale talc Tb The question In this case Is s 's said Raid the lawyer lawer has any man the right to Continued on Page Pae 3 3 IE BARNES LIBEL CASE CASEIN IN HANDS OF JURY Continued From PA Page e. e 1 rob another of or hi his honor A man must fight tight for tor hi hl his honor as he would fight f for 01 hi his s 11 life r e elIude Allude to too o Club Clubs Coming down to the publication of or orthe the alleged libel Mr I ins Ivins ins said sah tho the article article article ar ar- charged Mr Ir Barnes Darnes with being a apolitical apolitical apolitical political Benedict Arnold Then he said This defendant has charged so many men with being habitual falsifiers that It has lon long since become a national Joke What docs does the word ord boss mean 1 he continued Ill tell teU you it implies a dishonorable occupation In the article article ar ar- complained of oC bipartisan boss rule Is alleged What hat does docs that mean Simply that two bosses have ha come to together together to- to gether to the detriment of or the people The questions here are these Has the existence of or invisible government so been proven 1 Has the existence of oC a bipartisan boss rule been proven pro 7 C Censor o r of Morals Who Is 15 the censor of ot tho the morals of or ormen men in this country countr Ve Well m my friend Mr III Bowers Dowers during his address divided dl the history of ot the country countr Into three parts The colonel has had himself put In the class with George Washington and Abraham Lincoln He has put behind bo- bo hind him Guggenheim Penrose Barnes and man many others whom he supported supported supported sup sup- ported for so many years Roosevelt has changed his company lie has drawn new companions out of or tho dim past Continuing Mr 11 Ivins I referred to the defendant as this master moulder of libel this master moulder of ot phrases with which to attack his enemies and said there was not one Iota lota of or evidence e that showed cd a corrupt and machine- machine ruled government so The only example of ot control was w the control Mr Ir Platt Pratt exercised over oyer this defendant Mr Ivins 1 later said said- Tho The country countr has not hone gone one to tho the devil because this defendant was not reelected reelected re- re elected President Congress has not gone one to the bow bow- wows bow vows everything c Is going on as usual When Colonel Roosevelt elt published hed the alle alleged ed libelous statement he meant to kill Barnes Darnes Mr Ivins I said Nobody has a privilege lIege to to lie ho he a added A Alibel Alibel Alibel libel is based upon a lie Unless alibel a alibel alibel libel Is 18 tho the absolute truth It Is not Justified Question of ot C Credibility What right Mr Ivins asked has this defendant to don the yellow robe of oC master of ot morals He says saS he cast castoff castoff off cr Mr 11 Barnes Tho The evidence Is Ig that Mr Ir Barnes refused to support him an any anymore anymore more after aCter the things he did and said in 1910 Mr 11 Ivins urged the tho jur jury In considerIng considering considering consider consider- ing the thc credibility of the defendant to remember his stat statement ment In which he said he would never ne again be a candidate candidate candidate candi candi- date for tor President Mr Ir Ivins I recalled the editorials that had appeared in the tho Albany Alban Evening g Journal and remarked The supposition here Is that Mr 11 Barnes Is eminently crooked simply because ho lie Is undeniably straight Of the testimony of William Loeb Mr 11 I Ivins said Mr Loeb said that Mr IIi Barnes confessed confessed contesse con con- tesse his dishonor to him Can you OU Imagine Mr Ir Barnes selecting that man manto manto manto to confess to that ho he had a deal with Charles F. F Murphy of or Tammany Hall And when Mr Barnes challenged the truth of ot that statement Mr oIl Loeb I 1 brought with him as a witness to corroborate corroborate cor cor- him the dreadful Mr Guggenheim heim helm Dual Personality The whole trouble with the defendant defendant defend defend- ant in this case said Mr Ivins 1 and the reason he has haR gotten otten himself Into this position Is that he lid did not follow out the a advice which Cromwell gave to Wolsey olse Cast aside ambi ambI- tion By Dy this sin fell the angels ang Referring to Colonel Roosevelt's testimony testimony tes tes- to tour Mr Ir Barnes as having ha a Hydo personality Mr lne 1 continued Mr 11 Barnes didn't have ha that dual personality It was this defendant who possessed It He tic said he wanted to do doup doup doup up the tho Mr Ir Hyde In Mr Ir Barnes so 50 he appointed him to office twice and when he wanted to defeat racetrack legislation ho he called In this man who was as struggling between two personalities ties The defense sets up that It was wrong for or Mr Barnes to Interest himself In the defeat of ot that bill And the they overlook o the fact tact that It was this de defendant he- he fen fondant tant as aR President of or the tho tho United States who asked him to do it and when this libel was written this de defendant defendant de- de fe dant wanted to kill Mr Ir Barnes There are two main exhibits In this case One of them is the defendant the other Is he the plaintiff If It Mr Barnes hesitated on the tho witness stand It was because e he wanted to be sure about things that happened man many many years ears ago ngo Look at the defendant defendant defend defend- lant l- l ant what did he do Why he lie sprang for the witness chair on one occasion as If It It was as about to got get away from fron him He Ile put electricity out of at business He talked with his MK hands his feet teet and his face His llis personality was all over the It permeated the room Tho The colonel sat almost motionless during during- the entire address Charge to Jur Jury In his charge charce Justice Andrews said In part To publish falsely any article that holds a man up to ridicule and disgrace disgrace dis dill grace race and to injure his character Is libel The Intention or object of ot tho the libel must not bo be taken into consideration consideration consider consider- Be Because use a man Is 18 in public life ite he is Is' not an outlaw and ho he can be bo libeled Just the same as an any other citizen No question of privilege enters Into this this' case When hen charges are made against a aman aman aman man If Ir they are arc true truo that Is III sufficient defense Any n o ope has a right to publish pub- pub Ush lish any anything thins about an any other ether man If Jr it Is true The whole law concerning libel Is woven Wo around the question of or whether the charge charse is true or not Justice An Andrews then explained tho the points of or libel law In detail In this connection he said The burden of or proof Is on the de- de de de- He mu must t show sho b by a preponderance preponderance preponderance derance of truth that the charge chargo made is true He ma may Justify his charge In whole or In part In explaining tho legal meaning of or punitive damages s the court said punitive e damages may be tie awarded I when malice and wanton disregard ard of or orthe the rights Is shown Such i damages he added are In the nature of or a fine tine to prevent the tho repetition of the offense rather than compensation I to the tte plaintiff for damages sustained it if aO any I As s for the article complained of ot I I II I have ha held It as libelous per se so In two regards It char charges es n tI corrupt political alliance between Mr r. r Barnes and Mr Ir Murphy In re regard ard to the government of or the state Second Secondly it charges that Mr Ir Barnes has has' worked through a corrupt corrupt corrupt cor cor- rupt alliance between een crooked business and crook crooked 1 politics Nothing else elee Inthe in inthe inthe the article is libelous Defendant Must Munt Prove ProTe Charge The only question you OU have ha to consider con cn sider is Are Aro the charges charses true true Con Consider ider tho the first charge I have held that the word corrupt does not notI I necessarily arll mean illicit p pecuniary gain i It ma may mean tainted or perverted or dishonest It is for you OU to decide whether the charge Is true Has the defendant proved Its truth Take the election of or Mr Allds Allda therace the the race track legislation the administration I tion cf r Governor Go Hughes HUShu Mr Barnes has lias a right to oppose or favor anything he wished You should consider however the testimony in r regard gard to the tho senatorial situation of or 1911 This question comes comes' directly to you Was Yas there an agreement agreement agreement agree agree- ment between Mr Barnes and Mr Murphy I if It there was an agreement It appears on the face cf r It that It was wasa a a wrong combination Justice Andrews then reviewed the testimony about the alleged combine combine- I and continued Consider now now the record charge There were two classes of evidence e offered in that connection As for fr the tho evidence about bout the printing situation In Albany Iban you 1 0 will be false raIse to your dut duty if IC you consider it at all I have stricken it from tho the record There is however other evidence In Inthis inthis' inthis inthis' inthis this this' connection It consists solely in alleged conversations con One party says the they did tal take e place the ether ther denies I. I S it it The court went on to say that It if both the charges w were re true then the publication publication tion of ot the articles was Justified If they were not true then the plaintiff Is entitled to damages If Ie one of ot the char charges cs Is is untrue he still Is entitled to pecuniary damages Justice Andrews th then n told the jur Jury It would not be doing Its duty duly If It f it 11 considered politics or anything anything anything any any- thing except the proper evidence |