The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-21
Sent Back After Foreman Re-
ports Finding for Colonel.
DEL|BERATORS ARE SENT BACK
RumOr of Decision for Defend
ant Precedes Appearance.
Court Warns Spectators Against
Amy Demonstration.

syracuse, May Z1.-A1ter once re-
porting illegal verdict to the court
in favor of Theodore Roosevelt, the
jury trying William Barnes suit for
libel. failed today in more than three
hours of additional deliberation to ar
rive at a verdict that was legal.
First Report Agreement.
Syracuse, May 21.-The jury in the
Barnes libel suit came in
shortly before II o'clock today and
the foreman announced the jury had
agreed on a verdict Cor the defendant.
When the roll was called by the
clerk of the court, eleven of the jurors
said they were in favor of II verdict
for the defendant, but the twelfth, Ed
ward Burns, n Syracuse motorman,
arose in his scat and said:
81 am for the plaintiff
Justice Andrews himself had been
informed before the jury entered the
room that a verdict had been found.
The spectators were warned that
any demonstration would be met with
severe punishment. Then the jury
was brought in and the foreman made
his announcement.
After Burns had dissented Justice
Andrews sent the jury back to it's
room.
Justice Andrews was informed by
imous in favor of verdict for the de-
fendant in case the costs were split
between the plaintiff and defendant.
The jury debated on the question of
costs when it returned to its room, 1t
was said.
The jury was trying to decide the
question OF costs and that alone. 1t
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 a contest must pay the costs
of the action. Lawyers said there was
no way in which the costs could be di-
Vided If a verdict was returned. In
the event, it was said, of Juror Burns
refusing to agree with his eleven COM
panions, the costs would be split
Shortly after 1890 o'clock a recess
was taken until o'clock this after
noon.
Roosevelt Is Pleased.
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 YER
dict was the thing desired, regard
less of any costs.
Mr.. Barnes was not present in the
court room when the jury came in,
having returned to his home in AL
bany 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 it's room.
ho La CT in
the Line of twelve. which walked
through the streets in single file.
Colonel Roosevelt had luncheon at
a local hotel Some one sent him a
bunch of flowers while he was dining
and many persons crowded around
him in the lobby to congratulate him.
The colonel was wearing a big rose
from the bunch when he returned to
The court room.
Shortly before 2:3O a'cIock this
afternoon, no word having come from
he jury room, Justice Andrews an
1Ounced that he was going to his
nome and that in case a proper YER
1ict were found before o'clock he
should be sent for.
If no verdict was returned by that
line, Justice Andrews said court
should be adjourned until 10 o'clock
omorrow morning and the jury lock-
I'd up.
The illegal verdict was one that
;arried with it the conditions that the
;osts and disbursements of the trial
we're to be divided between the two
principals. The rule of law is that no
conditions regarding costs can be
made. When Justice Andrews made
statement to this effect one of the
urors Edward Burns, a Syracuse mo-
orman and a Republican, dissented
rom the conditional verdict, and an
he favored a verdict for the
plaintiff.
He Wore That Smile.
Former President Roosevelt waited
n the court room while the jury was
1ut for the second time.
"Are you gratified?" he was asked.
Cant you tell from my face?" he
replied, with a grin that showed the