Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1915-05-21
.neoin1 BIZ United Press Wire.


Syracuse, N. Y, May 21.-Tht
Barnes-Roosevelt jury today return
ed verdict clearing the former pres
ident of the charge OF libelllng Mr
Barnes, but asking that the expense
of the trial be divided between the
two men. Justice Andrews declared
the verdict was not legal and SEM
the jury back to deliberate further
An unparalleled court mixup re-
suited when the Illegal verdict was
returned in favor of Roosevelt. The
Jury filed into the court room at IL
o'clock The foreman reported thai
an unanimous verdict had beer
reached in favor of Roosevelt, but
the jury wanted the expense of the
trial divided. The court clerks then
called the roll. One juryman, Ed
ward Burns, Democrat, voted against
the former president. The other
eleven voted for him. Justice An
drews ruled then that the request OF
the jury that the expense be divided
and the division in the vote made the
verdict Illegal He sent the men
back to deliberate.
There was no commotion in tbs
court room though there was consid
erable suppressed excitement. Jus.
TIDE Andrews warned spectators aHd
lawyers that any sort of demon
stration would be dealt with Sc
verely. The verdict was made illegal
by two things, pointed out the
lawyers. The eleven to one division
in the vote, they said, made it unac-
ceptable in a court of law, even in a
civil case, and a unanimous verdict is
required in all cases in the New
York statutes.
When the Jurors were dismissed Jns-
tice Andrews asked them if they had
any requests to make. any point they
desired further light upon One Of them
asked if they might take the record Of
the case into the jury room, Justice
Andrews smilingly refused the request.
They withdrew then. hut returned In
about an hour when Walter Zuill,
Progressive, asked an astonishing ques-
tion
"Will your honor refer to that part
OF your charge in which Won requested
us not to give any consideration to po-
Iitical preferences or pre1udices?" ask
ed Mr.. Zuill From the fact that Mr.
Zufll put the question and from the
manner of the other jurors toward him
1t was surmised that he had been
chosen as foreman
Was Covered In His Charge.
Justice Andrews looked little star
tied He had dwelt most emphatically
In his charge upon the imperative ne
cessity of disregarding politics and con
sidering only the evidence in the case
He had told the jurors that they would
be false to their duty ifethey permitted
their deliberations to be tinged by poll
tics Nothing could have been clearer.
more emphatic. than this part of the
charge
II hardly think it is necessary to go
back to that" he replied to Mr.. Zuill
81 should have thought that my in
structions were perfectly clear"
The Jurors looked at each other
doubtfully for moment and then filed
out of the courtroom. Justice Andrews
then formally adjourned court until 10
a. N. today.
The case went into the hands OF the
Jury after Justice Andrews had ar
rayed the facts and recited the law In
charge of absolute cleaness and In
contestable fairness.
Justice Andrews said there were two
charges which the jury should consider
~ have held that the first charge you
should consider is that there was q cor
rupt political alliance between Mr..
Barnes and Mr.. Murphy IN regard TO
the government of the rate. have
held that that was the meaning and the
purport of the article as whole.
81 have held, secondly, that the ar
ticle Is libelous per Sc because 1t also
charges that Mr.. Barnes has worked
through a corrupt alliance between
crooked business and crooked politics.
You are to fix your mind on these two
matters. There is nothing else In the
article that is libelous."
The justice then reviewed the evi-
denee offered by Colonel Roosevelt
bearing on the two charges Referring
to the Albany printing evidence, JUS
tice Andrews said he had held there
was not enough of 1t to justify tho
charge