Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-05-24
jury Decides for Colonel
Roosevelt in Libel Suit
Brought by VIM. Barnes

syracuse. n. Y, May 2S.-IWelVe uieu
chosen as a jury to determine whether
Theodore Roosevelt ibeled William
Barnes when he charged that he work
ed through corrupt alliance between
crooked business and crooked politics.,
and that he was "corruptly allied with
Charles F. Murphy Of Tammany Hail.,
Saturday returned a verdict in favor OF
the former President.
20 Ballots Taken
The verdict was returned after 40
ballots had been taken and the jury had
considered for AZ hours the evidence
which was presented during the five
weeks of the trial.
Nineteen hours were consumed be-
fore II Of the jurymen. who since the
second ballot had stood together. per-
suaded Juror No. 11-Edward Burns. a
Syracuse motorman and Republican
to join with them in returning YER
dict which Colonel Roosevelt later de-
clared to be ''typically American"
For II of those 10 hours the jurors
in favor of an unconditional verdict for
the defendant. talked TO the one who.
while himself favoring a similar YER
dict, insisted that the court costs and
disbursements should be divided be-
tween the two principals.
The verdict was reached in the dor
mitory of the Jail attached to the Onon-
daga county court house, and not in
the jury room. Juror Burns agreed to
vote with his companions soon after
the Il arose Saturday morning. follow
ing their second night in custody.
Rendering the Verdict
Neither Mr.. Barnes nor his chief
counsel, William NJ. Wins. was in
court when the verdict was returned.
The colonel was there, however, with
his staff of counsel some time before
Justice Andrews assembled the bench
and opened court. Immediately there
after Henry Wolff. one of Mr.. Barnes
attorneys, entered an objection to the
verdict being received, as the jury
had once been polled in open court.
That objection, as we'll as a similar
reported, was overruled.
When the jury had been called in from
its room and its members had seated
themselves, the foreman, Warren w.
Sommers. announced almost in a whis-
per that the verdict was for the defend
ant.
In response to a request from Mr.
Wolff, the jury was then polled. Ten
jurors answered for the defendant"
then the clerk hesitated. called the name
of Edward Burns and waited. Burns
stood up and in a deep voice said: For
the defendant" Juror No IL gave the
same answer.
The jury was thanked by Justice An
out into the jury room.
RooseveIt's Promise
Colonel Roosevelt broke off shaking
hands with his counsel and newspaper
men and hurried to the jury room. There
he thanked the jury and shook hands
with each member. and said:
I'm my whole life l shall work in the
interest Of the public, and none of you
gentlemen shall ever have the chance to
say that 1 have done otherwise"
The colonel was then photographed
with the jury.
After a picture had been taken the
colonel turned to the jury and contin-
ued:
Il am more moved by this verdict than
it is possible for me to express. None of
you, 1 assure you. will ever have cause
to regret your action. I am especially
gratified that such a verdict came from
jury composed of men Of every polit-
ical faith
Before Colonel Roosevelt saparated
from the jury he turned to its members
and said:
Gentlemen. this is certainly a typical
American verdict. I want to thank you
again."
A crowd at the DOOR Of the courthouse
cheered Juror Burns as he left the build
ing.
John NJ. Bowers. chief Of the Roose-
Welt counsel. issued the following state
THE verdict of a unanimous jury is
that Theodore Roosevelt had justified the
entire article in suit.
THE victory that Mr.. Roosevelt has
won is victory for good government
The issue put to the jury was whether
machine government or government by
the people should prevail, and the latter
has prevailed. The article in suit was
held by the court to be libelous in two
aspects:
"First-Because it charged a cor
rupt political alliance between Will
liam Barnes, the Republican leader IF
the State. and Charles Murphy the
Democratic leader Of the State. in re-
lation to the State Government. (This
the judge held was the meaning and
purport of the article taken as
whole.)
"Second-Because the article charg-
ed that the plaintiff had worked
through a corrupt alliance between
crooked business and crooked politics
The jury we're further instructed tina.
they must render a verdict In favor Of
the plaintiff. unless they found that
the defendant established, to their
by a fair preponderance
Of evidence. that both charges were
true. This burden was successfully
borne by Mr. Roosevelt.
1T is impossible to determine. at
this time. the far-reaching extent Of
his verdict for good government"
The foreman Of the jury. in a state
ment, said:
After the first ballot we stood II to
one in favor Of the defendant Those