New Britain herald., 1915-05-21
QUESTION OF COSTS
 HOLDS UP VERDICT. dncs-RoostVtlt Jury Wants EX- penses Of Trial Sp|it. SILL CONSIDERING 1|1HE (A.E
Eleven Jurors Favor Colonel and the Other One Holds Out for Plaintiff Former President Declines to Comment on Action. sr#

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 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 today, in more than three hours of additional deliber- ation, to arrive at a verdict that was legal.
 Before entering the court room the jury sent a note to Justice Andrews asking for conference with him. Justice Andrews informed the jurors they could ask any questions they desired in open court. The jurors talked among themselves for min ute or so, and then announced that they desired to retire for further de- liberation.
 The note the jury addressed to Jus tice Andrews was said to have con. uation has arisen upon which we re-. quest your advice in the jury room."
 Eleven for Roosevelt.
 The jury came in shortly before 1 i o'clock and the foreman announced that the jury had agreed upon a yer dict for the defendant. When the roll was called by the clerk of the court, eleven of the jurors said they were in favor of a verdict for the defendant, but the twelfth, Edward Burns, Syracuse motorman, arose in his seat and said TT am for the plaintiff.'' &
 Justice Andrews had been informed before the jury entered the room that a verdict had been found. The spec tators were warned that any demon. stration would be met with severe 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 it's room.
 Want Costs Split.
 Justice Andrews was informed by the foreman that the jury stood unani- nous in favor of a verdict for the de- fendant in case the costs were split between the plaintiff and defendant.
 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 less than $1,500.
 Law Says Loser Must Pay.
 The law of libel provides that the loser in contest must pay the costs of the action. Lawyers said there was no way in which the costs could be divided if verdict was returned Tn the event it was said, of Juror Burns refusing to agree with the ma jority the costs would be split. Ees
 Col Roosevelt declined to comment for publication upon the action of the jury. His counsel said the colonel 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 the question of costs.
 Court Takes Recess.
 Shortly after 12:30 o'clock a re- cess was taken until o'clock this l afternoon, with the jury still consid- 1 ering the case in it's room. A verdict, 1 if any is found, cannot be returned be- 1 fore the opening of court this after 1 noon. 5.4 5&5&@
 Justice Goes Home.
 Shortly before .2:3O o'clock this af- ternoon, no word having come from the jury room Justice Andrews an- | nounced that he was going to his home and that in case proper verdict ]! should be found before 5 o'clock he should Joe sent for. If no verdict was by that time, Justice Andrews said, court should be adjourned un- til 10 o'clock tomorrow morning and the jury locked up.
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