Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-05-22
One Man Insists Court Costs
Should Be Borne Equally
Between Plaintiff and De-
fendant in Libel Case,
COURT REFUSES TO
RECEIVE FIRST REPORT
No InkIing Is Given of Any
Change Of Opinion by 0bdu-
rate Republican and Judge
Takes Recess Until Morning,

Syracuse, n. X, May 2t.-The jury
In the trial of William Barnes suit
for libel against Theodore Roosevelt
was deadloeked tonight. after once
having returned a conditional YER
diet in favor Of the former president.
which Supreme Court Justice Will
liam S. Andrews refused Ia receive.
The condition which made the YER
diet an improper one. was that the
trifling court costs aud disburse-
ments should be divided between the
two principals IN the action
That the jury would he held over
until Monday. should Il fail to lind a
proper verdict by tomorrow. was con-
sidercd improbable by attorneys con
neeted with the ease
Held Up hp Republican,.
The deadlock Was the result of
juror No. 1l--Edwafd Burns, Syra-
euse motorman, and republican
announcing in substance that il the
costs and disbursements we're not
divided, he favored verdict for the
plaintiff
Tonight, after the proposal of put
ting the costs upon one of the prin-
cipals, had been Under consideration
for more than ten hours. no word had
come from the jury room to Indicate
that the jury stood otherwise than IL
did when II was sent back to It's
room
The jury was in court twice today.
Soon after Justice Andrews arrived
this morning, he received Il note from
the jurors informing him that a ''pe-
euliar situation had arisen" and ask
ed that he confer with them In the
Jury room Justice Andrews had the
Jury brought into court and informed
them that anything he could rightly
do to aid them in reaching u decision
must be done In open court
The jurors whispered amons them
selves and then requested that they
be allowed to return TO their room
for further deliberation
An Improper Verdict
Nearly an hour afterward word
came from the Jury room that de-
cison had been reached. In open
court for foreman, Warren w som
ers. grocer, announced almost in a
found for the defendant
The spectators started for the exits
Then Mr.. Somers, in voice that
%phth INV ~ hNtiAh ftA AtiF Adt faAht VI
the court room. went on to say that
the verdict was for the defendant
upon the condition that lie pay half
and the plaintiff pay half the costs.
Justice Andrews declared the verdict
The foreman suggested a !
poll. 1t was taken and Juror No. II. !
In a loud voice said, II find for the |
plaintiff.
Gentlemen, said Justice Andrews, I
you must go back TO your room and
stay there until YOU have agreed
upon proper verdict"
At 5 o'clock the jury was still out. |
So court was adjourned until l0i
0 clock tomorrow morning
The iurymen We're Informed that
should they reach verdict before /
II o'clock they could seal it and turn
It over to court attendant and then
return to their homes until the open
ng Of conrt In the morning when
their decision would be announced
should they fail 20 agree they viii be
oeked up for the night
Juror No sent a messenger to
Ills home with note reading, II was
said, that Mr. Burns would not be
lome before tomorrow
Shortly after fl o'clock the jury
was locked up for the night in the
all dormltory.