Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-05-21

Syracuse. N. Y. May 21--The jury In
the Barnes-Roosevelt libel suit camsan
shortly before II o'clock today. and
the foreman announced they ha0
reached verdict for tho defsndanes,
When tho roll was called by the olefle
of the court eleven Of the Jurors oaiA
they were in favor Of Q verdict for thu,
defendant Roosevelt, but tho tWslfthts )
Edward Burns. Syracuse motosnan.,
rose in his seat and said:
Il am for the plaintiff.''
Justice Andrews himself had bsen
informed before the Jury entered tho
room that verdict had bean found.
Then the jury was brought in and the
foreman made his announcement. Af~
ter Burns had dissented. Justice An.
drews sent the jury back to its room.
Justice Andrews was informed by,
the foreman that the jury st0o6 unAni-
nous for verdict for the dslOndant In
case the costs were split bo9wesn tho
plaintiff and the defendant. The Jury !.
debated upon the question Of costs
when it returned to its roomA it.wss,
said M s.rb6.Sa.a !.
Divided ovsr Costs. ,tS !:
When the Jury returned to ~ court.
house after having breA1fAst, it Wao
Immediately taken to the tpfy rooI1x
and locked up. Before e11tefin6 the
court room the fury sent . nots to
Justice Andrews asking for . confer
ence with him. Justice Andrews In.
formed the twelve men they could ask
any questions they desired In open
court. The Jurors talked among them
selves for q minute or so. and then an (
nounced that they desired to return to,
their room for farther deliberation. The
note addressed to the court II said to-.
have contained this sentences:
"A peculiar condition has arisen and
we desire your advice"
The jury was trying to decide the
question OF costs and that alone. It !,
was apparent when the roll was called
some OF the Jurors were in favor OF |
dividing the costs. which at the most.
it was said, would amount to less than
81, 500
The law OF libel provides that the
costs shall be assessed to the loser.
The attorneys said there was no way
for the jurors to assess the costs. It
was said that in case Juror Burns
failed to agree with the other Jurors
the costs would be split.
Shortly after IL o'clock recess was
taken until 2 o'clock this afternoon,
| with the Jury still considering the
case.
Roosevelt Shows Pleasure.
Colonel Roosevelt declined to COM
ment on the action of the jury. Tho
expression on his face, however.
showed he was as pleased as he pos
sibly could be. His counsel said their
client was willing to divide the costs
if there was any way in which 1t could
be done. They made 1t plain that
verdict was the only thing desired.
| Mr.. Barnes was not present.
Jury Wants More Light.
| The Jury went to luncheon during
! the recess. It returned to the jury room
after the luncheon hour. Justice An-
drews was notified that tho jury
| wanted more instruction. The court
| called one attorney for the plaintiff and
one for the defendant. The two law
yers went to the jury room and es-
corted the foreman to q telephone
booth to the judges chamber.
Shortly after 2:3O. no word having
come from the jury room, Justice An-
drews announced he was going to his
home ana that K !: verdict should be
returned before s o'clock he should be
notified, but should the Jury fail to find
a verdict before o'clock the Jury was
to be locked up. court being adjourned
until 10 o'clock tomorrow morning.
| The illegal verdict returned carried
with it that the expenses OF the trial
would be divided between the Two
Il mr. {ck hn oa1Ch
as to assess the costs to either one or