Theodore Roosevelt for the Defense by Dan Abrams

Author:Dan Abrams
Language: eng
Format: epub
Publisher: Hanover Square Press
Published: 2019-03-26T13:26:46+00:00

Both Roosevelt and Barnes rented “war rooms” in the luxurious Onondaga Hotel. Although it had opened only five years earlier, in 1915 it expanded to five hundred rooms, in addition to an elegant ballroom, bars and restaurants, and a roof garden that offered “breathtaking views of the entire city” for evening dancing.

Onondaga Historical Association

Ironically, only a day after elevator operator Ed Hoffmeier had described the difficulty in keeping the principals apart, it happened. During the lunch break, the two teams had retired to their offices in the Onondaga Hotel. After the break Roosevelt’s team had stepped into the elevator on the eighth floor and was already in conversation when the elevator stopped on the sixth floor—and Barnes stepped inside with his people. All chatter immediately ceased and not a word was spoken nor a glance exchanged as the elevator descended to the lobby. When the doors opened the parties scurried out, taking opposite sides of the street as they walked quickly to the courthouse.

Bowers spent much of the afternoon trying to get someone from the Journal Company to produce the corporate books that he had subpoenaed, but the only person with authority to do that, it turned out, was the plaintiff. Bowers was getting fed up. Looking directly at Barnes, who was standing in front of the judge’s bench with his hands clasped behind his back, Bowers demanded he produce the missing ledgers, stock book and journals, threatening to call him as a witness if he did not do so. Judge Andrews said that would not be necessary as he was certain Barnes would produce those books. Without a word, Barnes sat down.

While the trial was proceeding in full view of the jury and spectators, few of them were even aware that highly technical legal wrangling was taking place, as well. At issue was when Barnes would be called, and Ivins appeared to be practically gleeful at the prospect of his client being called as a witness for the defense. This would allow Ivins to elicit favorable testimony much earlier than he anticipated.

But whatever satisfaction the Barnes team gained from that threat was short-lived; Judge Andrews had a surprise for both sides.

First though, Bowers called several more witnesses. Isadore Wachsman was questioned about double billing for the same printing work, but like the other witnesses managed to avoid being pinned down. It might have happened, he admitted, but if it did it was due more to a lack of oversight than any intentional effort to squeeze payments out of the city. William Coats, a clerk in Albany’s comptroller’s office, testified he was responsible for giving printing contracts to the Journal Company then admitted he had never tried to find a competitor who might charge less for the work.

It was then that the judge, without warning, reversed a critical earlier ruling bearing on Roosevelt’s state of mind when he wrote the allegedly libelous article. Without explanation, he decided to allow the defense to present additional evidence that helped Colonel Roosevelt form his opinion.

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