The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1915-05-21
Foreman Announces
Verdict in Favor of.
Colonel. But One Jur
or Then Balks
ARE SENT BACK
TO DELIBERA ATE
Presiding Judge Informed That Jury
Stood Unanimous in Favor of a
Verdict for the Defendant if Costs
Could be Divided Equally
By associated Press,

Syracuse, n. Y, May 21.-After
once reporting an illegal verdict to
the court in favor of Theodore Roose.
welt, the jury trying William Barnes
suit for libel, failed to-day. in more
than three hours of additional delibera-
tion to arrive at verdict that was
legal
Shortly before 2.30 clock this aft.
ernoon no word having come from the
jury room, Justice Andrews announced
that he was going to his home and that
In case that proper verdict should
be found before O'Clock he should be
sent for. If no verdict was returned by
that time, Justice Andrews said that
court should be adjourned until 10|
O'Clock tomorrow morning and the jury
locked up.
Syracuse, n. Y, May 21-The jury
in the Barnes Roosevelt libel suit came
in shortly before II o clock to-day and
the foreman announced that the Jury
had agreed upon verdict for the de-
fendant. When the roll was called by
the clerk of the court, eleven of the
jurors said they were in favor of al
verdict for the defendant but the
twelfth, Edward Burns, Syracuse mo.
torman, arose in his seat and said: ''I
am for the plaintiff. -
Justice Andrews himself had been
Informed before the jury entered the
room that verdict had been found.
The spectators were warned that any
demonstration would be met with se-
we're punishment. Then the jury was
brought in and the foreman made his
announcement. After Burns had dis
sented Justice Andrews sent the Jury
back to its room.
Debating Disposition of Costs
Justice Andrews was informed by
the foreman that the jury stood unani-
nous in favor of verdict for the de.
fendant in case the costs were split
between the plaintiff and defendant.
The jury debated upon the question of
the costs when it returned to its room,
it was said.
The jury was trying TO decide the
question of costs and that alone. It
was apparent when the roll was called
that some of the jurors were in favor
of dividing the costs, which at the
most, it was said, would amount to less
than $1,000 while others were indif- |
ferent.
The law of libel provides that the
loser in contest must pay the costs
or the action. Lawyers said there was
no way in which the costs could be di-
vlded If verdict were returned. In
the event it was said of Juror Burns
refusing to agree with his eleven COM
panions, the costs would be split.
Colonel Declines to Comment
Shortly after 1890 clock recess
was taken until 2 clock this after
noon with the jury still considering the
case in its room. A verdict, if any is
found, cannot be returned before the
opening of court this afternoon.
Colonel Roosevelt declined to com.
ment for publication upon the action
of the jury. By the expression of his
face, however, it was most apparent
that he was as pleased as he possibly
could be. His counsel said their client
was perfectly willing to divide the
costs if there was any way in which it
could be done. They made it plain
in the presence of the defendant that
a verdict was the thing desired re-
gardless of any costs.
Mr.. Barnes was was not present in
the court room when the jury came in,
having returned to his home in Albany
last night.
Jury Lunches During Recess
The jury went to luncheon during
the recess. 1t returned to the court
house shortly before the opening of the
afternoon session and immedia ely went
to its room. Juror Burns was the last
man in the line of twelve which walk |
ed through the streets in single file.
A deputy sheriff was at Burns elbow.
Other deputies walked alongside the
line and in front of it.
Colonel Roosevelt had luncheon at a
ocal hotel Some one sent him a
bunch of flowers while he was dining
md many persons crowded around him
n the hotel lobby to congratulate him.
The Colonel was wearing big rose
from the bunch when he returned to