South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-05-21
ELEVEN FOR COLONEL
AND ONE FOR BARNES
Syracuse MotOrman Only Mem
Der of Panel to Admit SYM
pathy For Plaintiff in Action
For $4,000 Damages.

COURT HOUSE. SYRACUSE. y. ",
May 2l-A verdict in favor of Col.
Theodore Roosevelt was returned bv
the jury today in the $4,000 libel suit
brought against the eX-president bv
William Barnes. the republican leader
OF Albany county. but Justice Andrews
held that the form of the verdict was
improper and sent the jury back 10
reach proper verdict
When the jury entered the court
room after deliberations that had last
ed for many hours Foreman Zuiu
announced that the l. men had found
for Col. Roosevelt and asked that The
court divide the costs between the de-
fendant and plainuf. The jury was
then pOlled. 10 WAS found that
were for Col Roosevelt. but the 18th
juror, Edward Burns. "A Syracuse mo-
torman, rose in his chair and said he
favored Barnes.
Justice Andrews was then Informed
by Foreman Zuill that the jury WAS
unanimous I'm finding for Col Roose-
Welt on condition that the court costs
be equally divided Without deliver
ing any fresh Instructions t0 the jury
on that phase of the ease Justice
room.
Jury Retircs Again.
The jury again retired atIl.12 with
its decision hanging merely upon fne
question Of court costs, the members
having decided that the colonel wls
justified in his declaration on july ~.
1914 that William Barnes was ln sr-
cord with Charles T. Murphy and
/ Tammanv Hall. indicating the political
fate of the Empire state. The only
question left for the jurors u decide
when they again retired was this.
Who pays for the political show
that has been put on In the ouon-
daga county supreme court for nEe
consecutive weeks
IF it is only a question ~ costs. we
are willing TO pay half of them. said
John NJ Bowers. chief counsel FOR
Roosevelt after the jury had again
retired.
The Barnes lawyers refused 20 make
any announcement.
At noon the jury was still out JUS
tice Andrews sat on his bench. A few
struggling spectators lounged IN their
seats. while the colonel walked rest
lessly up and down the enclosure
within the rail.
VIII BE Kent Until Saturday.
Roosevelt's entire legal battery were
on watch, but Barnes was being look
ed after only by local counsel ~. l.
Barnum. Mr. Wins and the rest of
the Barnes LAWYERS with the exception
of oliver Wolff left today for Ne"
York.
The Barnes-R Roosevelt jug, if they
fail TO agree, viii not be discharged
before 10 a. m saturday
At 2:30 this moon the II men
we're still out Justice Andrews iu-
structed the clerk of the court that he
would be I'm recess in chambers un-l
3 D. m. If there were mo- agreement
by p. IN. the jury was 10 be locked
up until tomorrow
Here's ColOneI's Statement.
This is the statement made by Col.
Theodore Roosevelt on July p. 1914,
upon which William Barnes based his
suit for libel:
"In New York state we sec a. is
worst development the system ~ biz
partisan boss rule. The outcome of
this system is necessarily that invisible
government Whic- the progressive
party was in a large part founded 20
oppose.
ct is impossible 10 secure the ocO-
nomic social and industrial reforms
for which we are pledged until this
invisible government OF the party
bosses. working through the alliance
between crooked business and crooked
politics is rooted out OF our govern
ment system
The interests Of NIr Barnes and
Mr. Murphy are Fundamental and
when the issue between popular rilhts
and corrupt and machine rule govern
ment IS clearly drawn. the TWO bosses
viii always be found fEhtire on the
same side openly or covertly. giving
one another such support as can with
safety be rendered
They really form the all powerful
invisible government which is reSpon-
sible for the maelstrom and corrup-
tiOn in the public offices Of the state