South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-05-22
Barnes Plea for $4,000 Dam
ages Rejected After Five
Weeks Trial and Hours of
0eIibeTatiOn by Jurymen.
MOTION FOR MISTRIAL
0VERRULED BY COURT
Counsel for Albany County G.
0. P. Leader Fail in Attempt
to NuIIify the Verdict on
TeChniCaIity.

SYRACUSE. Y. ". MAY 22.-Theo-
dore Roosevelt today won the S50.-
600 libel suit brought against him by
William Barnes. the Albany county
leader.
The jury after being out more than
40 hours. came into court at 1907
a. m
Gentlemen of the jury. have YOU
| agreed upon a verdict" asked clerk
Charles J. Clark.
we have" said Foreman Somers.
What is your verdict. AIr. Fore
man?" asked Clarke
I'VE md for the defendant" said
Somers.
! The court room was Immediately in
buzz Of excitement regardless of the
fact that Justice Andrews Just before
the jury came in had admonished the
spectators that regardless of the jurr
verdict either for Barnes or RooSc-
velt there should be no demonstra-
tiOns. The jury was polled 10y request
OF Foreman Somers. AS on Yesterday
II Of the men said they found for the
/ defendant.
Burns Joins Eleven.
I When Clerk Clarke reached Edward
| Burns the Syracuse motorman. the
: spectators held their breaths Burns
was the man, VINO yesterday spilled
the beans by declaring himself for
! Barnes after Foreman SOmers had
/ said that the u men were agreed for
the defendant providing the court
costs were split. i ind for the de-
| fendant." said Burns. immediately
! the jurors exchanged glances and
there was an audible sigh OF relief
| from every person in the court room
The poll being completed. Justice
Andrews accepted the decision in Col
! Eoosevelts favor and thanked the
jurors for their services.
Col. Roosevelt shook hands with
John Bowers. his CHIEF counsel and
with the rest OF his legal battery and
| the scores Of Syracuse women and
men who crowded TO the rail Barnes
/ was represented in court by only
Henry Fix Wolf OF William NJ
WINS office and ". J. Barnum, his
| local counsel.
Just before the jury was called At
/ 1905. Wolff moved that a mist1al
/ be ordered because of the public poll
/ ing Of the jury on Wednesday
Asks MistriaI Declared.
THE secrets Of the jury room have
| been violated" sad Wolf, and We
ask a mistrial"
drews, and the jury was called fn.
After Somers sd: "We find for
| the defendant" ard the II good men
and true" were polled, Wolff made
the formal motion that the verdict be
set aside.
/ drews
And the five weeks $50. 600 political
/ law suit was consigned to the Iimbo
/ Of history
| Col. Roosevelt immediately asked
! the court If II would be ethical for
| him to thank the jury.
| Does that include Mr.. Burns p"
asked one OF the Roosevelt counsel.
/ "It includes everybody that has had
lanything 10 do with this case" grin
/ ned The colonel The jurors then re-
| tired to their room. where the colonel
made a speech expressing his graft
| tude that truth end righteousness
: once more had prevailed
! The Z men including Burns posed
| for n photograph with the colonel in
| the center. The crowd filed the small
! ante room and the Photographic said
/ his camera was not big enough 60 take
the crowd
Wants Friends Only in Photo.
''All those who are not my friends"
said the colonel. ''win please step
/ aside"
No one budged.
'Will everybody but the 5ury stand
1 to one side asked Mr.. Roosevelt
The picture then was taken and tho
! colonel with his faithful Bower de-
parted for the home of Horace Wlk-
+ inson. his host during the siege. where
he made arrangements for returnlag
I TO Oyster Bay.
In the corridors. in the elevator on
the street. the center ~ this m0sf
amazing law suit received one ovation
after another. His bodyguard fairly
fought 10 get Roosevelt fn his lim0u-
sine
Mr. Barnes was informed ~ the
verdict by long distance telephone hy
Barnunl.
/ BaFBum refused 90 say whether his
\ client made any comment.
i II was 1885 before the crowd fual-
/ ly cleared from the court room where
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