The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-05-23
Only Recalcitrant Juror Chang
ed His Vote Early Yesterday
Giving T. R. Decision
BARNES WILL TAKE
CASE TO HIGHER COURT
Colonel Insists on Having His
Picture Taken With Jurors
Grouped Around Him at
Conclusion of Trial

Syracuse. N. Y, May 22.--The great
Barnes Roosevelt suit came to an end
this morning with victory unqualified
for Theodore Roosevelt, defeat un-
mitigated for william Barnes.
After forty ballots. in forty-two
hours and fifteen minutes OF delibera-
ton, Juror Edward Burns. whose in
sistence that Colonel Roosevelt should
be required to share with Mr.. Barnes
the expenses of the suit brought about
the long deadlock. agreed that he
could conscientiousiy vote for a
straightout verdict for the colonel.
He came around voluntarily. Early
this morning, while some of the Jurors
were still abed, and others were get
ting dressed. Mr.. Burns broke his long
and stubborn silence. He suddenly
wheeled around from the lavatory.
where he was scrubbing his face and
spoke to the foreman of the jury,
Warren W. Somers.
Burns Comes Across.
''Somers." he said. Il guess I've
been wrong, I've been thinking this
thing over all night, haven't had
wink OF sleep. and I've made up my
mind that I ought not hold out just
because l felt Roosevelt ought 10
split the cost with Barnes You all
know l believed Roosevelt was In the
right from the first. Now IL you
will take vote I'll come In out of the
wet" go
The vote was taken al $50 A. NJ.
and every slip of paper bore thres
words. For the defendant" Led by
Foreman Somers. the Jurors shook
hands with Burns and the twelve went
to breakfast good friends and In
thorough accord. A few hours later.
when the jury appeared In court and
answered to the call Of their names,
by Clerk Clarke, Burns voice rang
out as emphaticaily as that of any
other Juror in recording his vote for
Colonel Roosevelt.
Objects to Procedure.
The jury reported 10 Justice An.
they entered tn box. Hnry J. Wolff
drcws at 1909 A. NJ. Just before
they entered the box. Henry j. W'olfr
informed the court that he desired
to record the plaintiffs objection 20
a verdict being received, on the
ground that the jury had already
been poiled in court, that the secrecy
Of the jury room had been violated,
and that tho court, therefore, had no
power to receive a verdict from that
jury Justice Andrews overruied the
objection and the next minute the
Jurors were in the room and re-
ported their decision.
Justice Andrews then thanked the
jurors for their patience and long
service. and discharged them from
duty. Colonel Roosevelt, having
withdrawn from the court room with
John NJ Bowers for q moment. re-
turEed and told the jury that he de-
cired to say a few words to them. A
procession of jurors, lawyers, news
paper men and court officials, all led
by tho Colonel fIed out OF the court
room and entered an snteroom on
the same floor. The Colonel squared
off and made a little speech. He
was pretty much affected by emo
tor, and for a few seconds his voice
was anything but steady.
r. r. Tenders Thanks.
"Mr. Foreman, and gentlemen OF
the Jury" he said. 81 have been
more moved and touched than can
express by what you have done. and
want to say to you that i appre-
ciate to the full the obligation that
you men, representing every shade of
political belief, have put me under
There Is only one return / can make.
and that return I assure you with bs
done 10 the best of my ability.
shall try all my Efe to act in pub
lie and private affairs so that no one
OF YOU shall have cause to regret the
verdict you have given this morning.
i thank you from the bottom OF my
heart You have put on me SOL
emn duty to behave as a decent
American citizen should"
Business of Joy.
Than the colonel fairly lea ped at
them TO shake hands with every one
and To say few words personally
lContinued ON Second PaEel