Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-05-27
ROOSEVELT JURYS
VERDICT SPURNEO
BY THE co URT
Finding Was Conditional and
Favored COlOnel-Syracuse
MOtOrman Caused Dead
lOck-Jury Interned.

Syracuse, n. y May 21--The jury
in the trial of William Barnes suit for
libel against Theodore Roosevelt was
deadlocked tonight. after once hav-
ing returned a conditional verdict in
favor of the former president which
Supreme Court Justice VIM. s. An
drews refused to receive. The condi-
ton which made the verdict an inn
proper one, was that the triflinS court
costs and disbursements should be
divided between the two principals in
the action.
That the jury would be held over
until Monday. should it fail to find
a proper verdict by tomorrow, was
considered improbable by attorneys
connected with the case.
The deadlock was the result of
juror No. 11-Edward Burns, heavy
set rosy checked Syracuse motorman
and republican--announci in sub
stance that if the costs and disburse-
ments were not divided he favored
verdict for the plaintiff
Tonight after the, proposition Of
putting the costs upon one of the
principals had been under consider
ton for more than ~ hours, no word
had come from the jury room 20 in
dicate that the jury stood otherwise
than it did when it was sent back to
! its room after Justice Andrews had
re fused to entertain the conditional
verdict.
IN COURT TWICE.
The jury was il. court twice to-day.
Soon after Justice Andrews opened court
| this morning he received a note from the
jurors informing him that a peculiar
situation had arisen and asking that lie
confer with them in the Jury room JUS
tlce Andrews had the jury brought into
court and informed them that anything
he could rightly do to aid them in reach
ing Il decision must be done in open
court The jurors whispered among
themselves and then requested that they
be allowed to return to their room for
further deliberation.
| Nearly an hour aftorward word came
from the jury room that decision had
been reached. Justice Andrews warned
the spectators that any demonstration
would be met with prompt punishment
and then the jury filed in.
In reply to the usual questions the
foreman, Warren W. Somers, a grocer,
announced almost in a whisper that a
verdict had been found for the defendant.
The spectators started for the exits.
Justice Andrews raped sharply with his
gaVel for order. Then Mr.. Somers in n
voice that could not he heard at the
far sid" Of the court room went on to
say that the verdict was for the de-
PENDANT upon the condition that h. pay
half and the plaintiff pay half the costs
Justice Andrews declared the verdict inn
proper The foreman suggested a poll.
1t was taken.
| ONE FINDS FOR BARNES
PENDANT"
Juror No. II, in loud voice, said en-
phatically. II find for the plaintiff
Persons who apparently thought that
the calling of the roll was a mere for
maitY and who were looking about for
the nearest door turned quickly toward
Mr., Burns. The juror himself, looked
intcntly at Justice Andrews a moment
and then sat down. Juror No. IL was
also for the defendant
| "Gentlemen," said Justice Andrews
after hesitating, you must go back to
your room and stay there until YOU have
agreed upon a proper verdict"
At 1870 o'clock no word had come from
the jury room SO recess of an hour and
a half was taken At two o'clock there
was still no word. Shortly after Justice
Andrews left for his home after inform
ing the clerk Of the court that should n
verdict he reported before five o'clock he
would return to court In answer to a tele-
phone cali.
COURT ADJOURNS.
At five o'clock the jury was still out
So court was adjourned until ten O'Clock
Tomorrow morning. The clerk prepared
a blank upon which a written verde
might be placed, This he passed into the
jury room with an envelope in which t.
seal it should an occasion arise for its
use. At the same time the jurymen Were
Informed that should they reach a YER
diet they could seal it and turn ii over tC
a court attendant and then return to Their
homes until the opening of court in the
morning when their decision would b'
, announced Should they fail to agree
the iurymen We're told, they again woult
be taken to the dolmitory In the Jail at
tached to the Onondaga county cour
house and locked up for the night.
Juror No. II Immediately dispatched
: messenger to his home with n note. TIL,
note, 1t was said contained the nforma
ton that Mr.. Burns would not be HON,
before tomorrow.
Soon after six o'clock the jury Wen
} to a hotel for its dinner. Mr.. Burns APP
} peared to he walking slightly apart from
t his companions. At seven o'clock tn
3 jury returned to the deserted court house
1t was taken directly to it's room, tn
= door of which was locked. Deput,
} sherins drew up chairs in the corrido
outside the door and settled down to wal
either the arrival of eleven o'clock or
sealed verdict
$ Shortly after II o'clock one of the at
/ PENDANTS knocked ON the door of tn
4 jury room. 1t was opened immcdatel,
. and the l2 men came out into the CORR
dor. Juror No. II left the room unac
. companled by any Of his companions,
r determined expression on his face. Tn
g other II were talking and laughing wit
v each other.
d Escorted by deputy sheriffs the iur
- left the court house and went to tn
I Jail across the street where it was locke
I up for the night.
ROOSEVELT VICTORY
IN SUIT UPHELI
nAtu Cat,