New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-22
JUROR BALKS
IN OPEN COURT
One Man Determined to
Save Barnes from Assess
ment for Costs.
SENT BACK FOR NIGHT
Jury Locked Up Again When
Compromise Fails-Roose-
velt Is Delighted"
L. sn.clal corre.pondent Of re Tribun.. ]

from Special Correspondent OF The Tribune
Syracuse, May 21.-Complete victory
In the $4,000 libel suit brought
against him by William Barnes was
snatched from ex-President Roosevelt
to-day just after the foreman of the
Jury had announced they had found for
the defendant.
When a poll was taken IN open court
after Justice Andrews had stated he
could not accept a verdict that con-
tanned a suggestion about the division
of costs, Edward Burns, a motorman,
voted for the plaintiff.
Sent back to deliberate further, the
Jury was desdlocked at eleven to one
Az o'clock court was adjourned, and
the Jury was instructed to bring in a
sealed verdict in the morning, If an
agreement was reached by that time.
With only a short interval for dinner
the jury wrangled in an attempt to
bring Burns around until IL o'clock
tonight. Then, under instructions
from Justice Andrews, the deputy
sherifFs marched them across the
street 10 the county dormitories,
where they were locked up for the
night Burns, who is holding out for
Barnes, walked alone, a picture OF
isolation and determination to stick:
His Jaw was set as if he had tXed
purpose TO stand by his decision.
Other members OF the jury gave
Burns the cold shoulder when they
went out together for dinner. There
is some talk that Justice Andrews,
rather put out by the verdict rendered,
will keep the jury together all day TO-
morrow If they do not agree.
Opinion differs as to whether the
eleven Jurors will be able 10 bring MI.
Burns around so that a disagreement
may be avoided. But whether that
happens or not, Colonel Roosevelt and
his friends believe they have won a
moral, if not legal, victory when all
except one of jury of twelve have
decided that the colonel was justified
In making harsh criticisms about the
political activities Of Mr.. Barnes.
The centre of extraordinary occur
rences through the greater part OF his
life, Colonel Roosevelt was probably
never connected with more extraor-
binary chain OF circumstances than de-
veloped to-day. Almost without ex'
ception the lawyers connected with the
trial said they had never heard Of II
being necessary 10 send back jury
after il had announced a verdict, be-
cause Of change of heart by one man
Withdraws from Compromise.
II seemed evident that Burns, after
holding out all night, had consented to
a verdict for the defendant in accord
ance with the opinions of the eleven
others on the understanding that q
stipulation could be made that would
not put the costs entirely on Mr.
Barnes. When he found that such an
agreement could not be made part
Of the verdict he considered himself al
liberty to withdraw from the com
pr.rise.
IN. whole situation was as surpris'
inf 70 IN. defendant as it was to the
plaintiff, but the colonel. although ne
would not permit himself 10 say any
thing for quotation, was clearly de
lighted He received congratulations
on every hand, and repeatedly wrune
the hands Of members OF his lega
t.af, congratulating them on the wor'
they had done for him.
Friends Of the colonel are not slow
in saying that this victory-whieh theI
claim as such, regardless OF what TN
final verdict may be-has not only de
liyered a fatal blow 70 the politlca
prestige Of Mr.. Barnes in the Republl
can party, but has opened the door fol
the return 70 the old fold Of tn
founder Of the Progressive party.
The Jurors had been out little ovei
eighteen hours when Justice Andrew
ascended the bench at 10 o'clock thii
morning and asked: "Did the Jurl
want 20 see met"
One Of the deputy sherifs handet
up a message. Counsel for both side'
were called 70 the bench and the not
wat shown 70 them. IL said that si
Extraordinary situation" had arise'
and the Jurors wished 10 speak 10 tn
justice privately about II.
Called Into Open Court.
Justice Andrews sent for the jury
Eyery eye was directed at the tweiy
men ss they slowly took their seats
There was nothing 70 indicate that
verdict had been reached, but some o
che Jurors showed the strain OF IN
deliberations.
There Is very little ] can ray 70 yc'
In addition 20 what ] have alread,
said" declared the justice. Any ques
ton You want 70 ask me, and anythini
! ssy ", you must be done In opef
court. where a record can be made O.
il. Irs there any questions OF law
can settle for your or II thsrs 10 an
rA.ts,uSA an mage 8. column q