New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-22
ROOSEVELT WINS
A MORAL. VICTORY
Continued from page !


dispute about any portion Of the evil
dence | can have it read to you"
Warren w. Somers, who had been
chosen as foreman. turned to the row
above him and began to talk to Walter
J. Quill, Progressive, and Irving j.
Mills, Republican. Two jurors at the
other end of the box leaned down and
whispered to Burns. who made no re-
ply.
Everybody was waiting for some in
dication from the jury as to just what
their trouble seemed TO be, but after
a DELAY of several minutes Mr.. Somers
simply said THE jury thinks they
would like to consider matters little
further"
Then the jurors disappeared and
there was trying wait until five min
utes to IL o'clock, when word came
that they were ready to come back. In
the meantime Colonel Roosevelt had
been busy with his correspondence and
talking to his counsel. He was plainly
more nervous than at any tipe during
the trial. Mr.. Barnes was not in court
having gone to Albany last night.
Warned Against Demonstration.
81 want to say" warned Justice An
drews, chat whatever the verdict may
be there must be no demonstration IN
this room. The deputy, sherifs are IN
structed'to carry out this order.
Every eye was on the jurors as tney
filed slowly in and took seats. Charles
J. Clarke, clerk Of the court, called the
roll. and then asked if verdict mad
been agreed upon.
at has" replied Mr.. Somers. {.
"How do you find ?"
ave find for the defendant, with the
suggestion that the court expenses DC
divided equally
A broad smile spread over the face
of the Colonel. 1t was plain he was
striving desperately to control his feel
ings. His tightly clinched fingers
worked under the table for moment
Then the hands came up and the arm
were thrown out in a gesture OF tri'
umph toward Spottswood Bowers, VINO
sat lust across the table. Then ne
turned to some other friends, and
clasping his hands, made motion as
if shaking hands.
gentlemen" said Justice Andrews
"this verdict is hardly in proper form
You must retire and find a verdict one
way or the other-for the defendant OF
for the plaintiff"
Jurors POlled in Court.
Counsel conferred for a moment
with the judge, who repeated tna'
iurors must bring in q simple verdict
for the defendant or for the plalntii
without any suggestion as TO costs.
"Mav we have rising vote y asked
Foreman Somers, who seemed sur
nrised. az did some Of his colleagues
that their verdict had not been accept
ed in the spirit in which 1t had been
given. ~
your deliberations in court, but the
Jury may be polled il you desire It,
replied Justice Andrews.
Getting out his little list, the CLERK
started TO call the roll. Henry Hoag,
he called, addressing Juror No. l. VINO
replied:
"You find for the defendant, yor
mean ?" asked Justice Andrews.
"Yes," was the reply.
In turn the other jurors replied DE
PENDANT" or "For defendant" until they
reached Edward Burns. No. IL.
Burns is a heavy. man, with Dig
round. rudy, smooth shaver face. h'
forward all the time, although he sits
as far back as possible in the char
All through the trial scarcely one bit OF
emotion had appeared in the face OF
This Juror. The square jaw had re-
NAMED set in one position and there
had been scarcely a movement OF tne
eyes He Is a motorman and lives III
IL ist Ward. He is o Republican.
Burns for Barnes.
with an comparatively slow move,
nent Burns drew himself to his feet
wbsn his name was called.
"For the plaintiff" he said; In voice
wbicb. while not loud. could be hearo
ali over the room. Iii,
Then he slowly sat down again, wniie
. wave Of establishment ran over the
court ,.,,,. bofore IN,
J.rk called the next and last name ane
eo, the eleventh vote for the deiendaht
s'aa vay I say a word further abou'
a. 4. - asked Walter J. Zuill, one OF the
shrss Progressive members OF the Jury
'n nWn. YOU must not discuss your yer,
At. In court" said Justice Andrews
a a.. give you any advice as 70 VIVA
4, should be, but you must ma TOT sn w,
n.tnndsnt or for the plaintin withou'
anv suggestion as 10 costs. A..
N