The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1915-05-21
Returned Verdict in Favor of
the Colonel, But Asked
That Costs be
Divided. -.. 49,
IT WAS NOT UNANIMOUS
Queer Mix-up In Court at End Of IL
bel Suit and Jurors Were Sent
Back to Room for
DeIlberations.

limited Press Leased Wire Service
SYRACUSE, N. Y, May 21.-An un-
paralleled court mix-up resulted today
in an Illegal verdict being returned in
favor of Thao. Roosevelt in William
Barnes $4,000 libel suit against the
former president.
The jury filed into the court room
at II o'clock. The foreman reported
that a unanimous verdict had been
reached in favor of Roosevelt, but that
the jury wanted the expenses of the
trial divided. The court clerk then
called the roll. One juryman, Edward
Burns, a democrat, voted against the
former president. The other eleven
voted for him.
Justice Andrews ruled then that the
request Of the jury that the expenses
be divided and the division in the
vote, made the verdict Illegal. He
sent the twelve men back to deliter-
ate further.
There was no commotion in the
court room, though there was consid-
cradle suppressed excitement. Justice
Andrews had warned spectators and
lawyers that any sort of a demonstra-
tion would be dealt rith severely
The verdict returned by the jury. It
was pointed out by lawyers was made
Illegal by two things. The eleven to
one division OF the vote, they said.
made 1t unacceptable in a court Of
law even In civil case as unani-
nous verdict is required in all cases
under New York state statutes. The
request for division Of expenses like
wise made the verdict unlawful.
When the jurymen filed in at II
O'Clock the men wore solemn coun-
tenance. Clark asked if they had
reached a verdict Foreman Somers
replied: eve find for the defendant
with the suggestion that the costs be
divided between the two parties"
The Roosevelt lawyers looked as as
tonfshed as the Barnes legal camp.
Then they all smiled in unison. A
broad grin appeared on Colonel Roose-
volts face, but it quickly disappeared.
Gentlemen, your verdict is not in
proper fornn,' the court declared. you
must find a verdict one way or the
other for the defendant or the plain
tiff II
Foreman Somers asked the court:
May we take rising vote?"
"I cannot permit you to carry on
your deliberations in court, but you
NAV take a VOTE" replied the justice.
Clerk Clark then poled the jury.
Th., first one, Juror Hoague, said, IT
find no cause for the defendant"
Justice Andrews inquired: "You find
for the defendant
Eyes" replied Hoague. Edwin
Burns, however. said, "for the plain
tiff"
Juror Walter ]. Zuil1, bull moose,
interrupted. may 1 say word in re-
gard to this matter?"
Justice Andrews replied: "You must
not discuss the verdict here in court
I cannot give you any advice as to
what your verdict should be, but you
must find either for the plaintiff or
the defendant, without reference or
suggestion to court costs"
Attorney Bowers asked the court to
instruct the jury that they may find
for the defendant, but after the par
ties may agree as to the costs among
themselves. Justice Andrews declined
to so charge. Bowers began, I'VE Of
fered to divide" but an objection
from Boerum, counsel Of Barnes, cut
him off. Then the court directed the
jury to retire and bring in verdict
in the proper form.
Ex-President Roosevelt declined to
comment on the verdict He waited in
the court room while the Jury was out
for the second time.
"Are you gratifed?" he was asked.
Cant you tell from my face?" he
replied. with broad grin that showed
the Roosevelt teeth