Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-05-21
JURY FOR T.R.,
BUT VERDICT IS
HELD ILLEGAL
Unparalleled Mix-up in
$4,000 Barnes Suit
for Libel.
JURORS ARE DIVIDED
OVER COSTS OF ACTION
On Roll Call One Jnryman Says
He Is for ''Plaintiff"-All
Sent Back.
MAY BE LOCKED UP
DURING ENTIRE NIGHT
Justice Andrews Makes Clear
Duty to Render UncondI-
tionaI Verdict.
MAY BE LOCKED UP
DURING ENTIRE NIGHT
Justice Andrews Makes Clear
Duty to Render UnoondI-
tionaI Verdict.

SYRACUSE, N. Y, May 2t.-After
once reporting an illegal verdict to
the court in favor of Theodore Roose-
Welt. the Jury trying William Barnes's
suit for libel, failed today, in more
than three hours of additional de-
liberation, to arrive at a verdict that
was legal.
Shortly before 2:30 o'clock this aft
ernoon. no word having come from
the jury room, Justice Andrews an
nounced that he was going TO ms
home. and that in case proper YER
dict should be found before o'clock
he should be sent for. If no verdict
was returned by that time Justce
Andrews said that court should pe
adjourned until 10 O'Clock tomorrow
morning and the jury locked up.
In case IL reached a verdict during
the night the jury was to put IL IN
writing. seal and turn it over TO u
court attendant Unless Veruict
was found. the twelve men raced the
prospect of spending another nlght III
the dormitory of the Jail attached to
the Court House.
verdict Brought in Illegal
The illegal verdict returned by the
Jury was one that carried with 1t the
condition that the costs and disburse-
ments of the trial were to be diVlded
between the two principals. The rule
Of law is that the verdict must be III
favor of either the defendant or the
plaintiff and that no conditions re-
garding costs can be made in connec-
ton with it,
When Justice Andrews made a
statement to this effect one oil the
Jurors. Edward Burns, a Syracuse
motorman, and Republican, dissent
ed from the conditional verdict and
announced that he favored a verdict
for the plaintiff. The jury was I'M
mediately sent back to its room for
further deliberation.
When Justice Andrews left the
Court House for his home the crowd
in the courtroom dispersed except for
newspaper correspondents and court
attendants and deputy sheriffs. Colo
mel Roosevelt also left the building
after arranging to be called by tele-
phone IL the jury should reach ver-
dict.
The colonel had planned to reutrn
to Oyster Bay tonight. He said, how
ever, that he would remain In SYRIA
cuse until verdict was found or the
Jury reported that 1t was hopelessly
deadlocked and could not agree.
At the time the jury came into the
court room, they had been out nine
teen hours.
Colonel Roosevelt declined to COM
ment for publication upon the action
of the jury. BY the expression on
his face, however, it was most APP
parent 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 1t could be done. They made
1t plain in the presence of the de-
fendant that a verdict was the thing
desired regardless of any costs.
Mr.. Barnes was not present in
the court room when the jury came
In. having returned to his home in
Albany last night.
The jury went to luncheon during
the recess. 1t returned to the court
house shortly before the opening of
the afternoon session and Immediate
ly went to its room. Juror Burns
was the last man in the line, of the
Continued on Page ii, Column IL