Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-05-22
ROOSEVELT Jury
STILL DEADL0CKED
Returned Conditional Verdict for
Former President, Which Court
Refused to Receive.
SPLIT OVER COSTS OF CASE
Edward Burns, Syracuse Motor
man, Will Vote for Barnes, I'm
less Expense Is Divided.
Especial to The Timcs-Dispatch. ]

Especial to The Times Dispatch
i SYRACUSE. y. y, May 2:.-Eleven
men OF the Barnes Roosevelt jury
orally recorded to-day their belief that
Colonel Roosevelt was justified in at
! 'acking William Barnes as a boss. and
placing him in the same category with
Charles F. Murphy
The remaining juror is still uncon-
vinced.
Colonel Roosevelt regards the result
up to date as a distinct victory. and
Is Jubilant. So does his lawyer. John
". Bowers. William Barnum and
Henry f. Wolff, all of Barnes's legal
battery now in Syracuse. are disap-
pointed. but noncommittal.
The jury Is still out. And there is
a d!squieting possibility that IL II is
etill deadlocked. Justice Andrews will
lock 1t up over Sunday. This however.
) Is merely 4 possibility
Requiring less than six hours TO
lect. the twelve men have now spent
more than thirty hours in fruitlcss
wrangling. And their deliberations may
run into nearly two fun days. They
were given the case at o'clock Thurs
day afternoon. Unless a sealed verdict
4 Is returned after midnight, they will
not leave their quarters in the county
Jail till they are called TO report at
4 10 o'clock tomorrow morning.
sToLIDLY BAFFLING PURPOSE
I TO FIND FOR DEFENDANT
I red faced. heavy-sct trolley motor
man. with bull neck and "A determined
( jaw. is locked in the jury-room AT this
! writing with eleven other men and
4 stolidiy battling their purpose 10 find
n !or the defendant HIS name is Edward
Burns. He is Republican. He has
/ always been Republican. And he is
I not the King OF Republican who
| Ainches or falters or is lightly dis
suaded.
When the jury came in this after
noon Mr. Burns had agreed TO n YER
\ dict. But Il was not a regular YER
dict, and the court declined TO receive
What the jury. through Foreman
! Warren w. Somcrs, reported was ,hia:
We find for the defendant and sug-
| gest that the costs be divided between
the defendant and the plaintiff"
Now ensusd a commotion. The de-
tendant. eager TO convey in some man
ner 10 the jury that he cared nothing
| whatever for the costs IL he could only
| get tho verdict. leaned over ana whis-
/ pered TO his lawyers.
Mr.. Bowers sprang up and moved
that the jury be instructed that the
1 parties to the action would st!pulatc
1 as 10 costs.
4 This motion Mr.. Barnum, for Barnes
| violently objected TO.
\ The justice held that no such in
1 s,ructions could be properly issued
and Mr.. Roosevelt. much disappointed
sank back into his chair.
n
4 amount TO $500. 1t was. therefore. the
4 desire to make Mr.. Roosevelt, pay $50
that actuatcd Mr.. Burns In refusing 10
h come into the fold.
4 After denying the motion. Justice
\ Andrews Eravcly informed the jury
that IL could find either for the de-
1 fendant or the plaintiff. without any
suggestions as TO costs.
JURY AGAIN Is
LOCKED UP FOR NIGHT
The twelve men withdrew TO reason
with Mr.. Burns, who had gone the full
limit he was willing 70 20 when he
| added the suggestion about the costs
10 his finding They reasoned steadily
till o'clock when the Justice went 10
his home. They continued TO reason
until o'clock. when His Honor tcle-
phoned TO the bailif to adjourn court
and lock the jury up for the night.
And. Judging from subdued sounds
that came through the thick walls of
the jury room, they were reasoning
volubly up to midnight That the
arguments of tho united eleven had
made no dent in the determination Of
the lone obstructionist was shown by
Mr.. Rurns's message TO his family to
send clean shirt for use when he
morning
The first tidings from the jury room
came at 10 o'clock this morning in
scribbled note to the justice. The
foreman, in this missive. said the case
was peculiar, and that the jurymen
needed advice. 1t was intmated that
private conference with the Justice
would be appreciated.
The justice ordered the twelve men
into court and told them that their re-
quest could not be complied with
IF you want further instructions on
the law, or to seek bits or parts of the
evidence you may have them" he said,
but all instructions r:ust be given in
open court"
Foreman Warren w. Somers,
grocer, of keen face and prosperous
appearance. asked that they be given
little more time.
The twelve filed solemnly out.
Colonel Roosevelt watched them
nervously.
in three-quarters OF an hour they
we're back again with their impossible
verdict.
When this had been rejected. Somcrs
held n whispered conference with Wal
ter Zuill, n Progressive and manufac-
turer.
"Can we have a rising vote, Your
Honor" he asked
The clerk will poll the jury" re-
piled the justice.
ALI. FOR "DEFENDANTn
UNTIL BURNS IS CALLED
Charles Clark. the court clerk, SOL
emnly began TO call the roll. while
the room became suddenly hushed, and
even Colonel Roosevelt sat motionless.
Mr. Bowers's pallor, which had been
marked In the morning. left his face
Continued on Second Page)