New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-23
7. RS Victory Complete;
Lone Barnes Man Gives in

already quoted. Then he started TO
thank each member OF the jury IN
turn.
The jurors, relaxing from the strain
of nearly two days of deliberation, and
the Colonel and his counsel, elated at
the verdict, which for time seemed
rather improbable. dubbed over. Only
Edward Burns, the motorman, who
stuck out for Mr.. Barnes so long,
seemed ont Of the picture. The cor
ners of his mouth puckered up in
sort Of a persmmon-like laugh, but
aside from that there was no express
sion Of emotion. He Is not man OF
many words.
Thank you. thank YOU" was the way
the Colonel expressed himself to Burns,
who replied half inaudibly something
about wanting TO do his duty.
The rounds had about been made
when photographer popped up with a
camera over in the corner.
"Oh, | say. Mr.. Somers, the jury IS
not too tired TO have their pictures
taken, is it? Let's all line up" shouted
the Colonel across the room.
The Colonel saw to it that Burns,
who modestly stood at the outer edge
of the group, was brought into the
centre. Then he shooed away some
others who sought to get in.
81 will send every single member of
the jury a signed photograph" an
nounced the Colonel when the picture
had been taken And am going 10
have the proceedings of this trial
printed. as | consider it most impor-
tant, and shall send each of you a
copy of it with my name attached.
Remember, gentlemen, | want to see
you if you ever get to Oyster Bay.
The latchstring will always be out"
Lawyer Also Overjoyed.
Mr.. Bowers was no less happy over
what he considered the biggest fight
and most important victory in his en-
tire career. A man who rarely ex-
presses emotion, he seemed almost on
the verge OF breaking down once or
twice.
The Colonel went back in the court
room TO receive the congratulatlon OF
score of admirers.
Warren W SOmers, foreman OF the
jury, outlined the deliberations. IL
seems that the first ballot was taken
twenty minutes after the jury went
out at 3:45 o'clock on Thursday after
three for Barnes
Mr. Somers would not say who be-
sides Burns had cast the Barnes bal
lots. II was learned, however, that
one was Ray Tanner, the Marcellus
farmer, and it Is understood the
other was Peter Beneke. coal dealer
in the village Of Liverpool They
were the only two Democrats on
the jury. In explanation OF their votes
it is said each had seen the men on
either side preparing q ballot for the
defendant. and they feared that a
unanimous verdict might be rendered
on the first ballot. Half an hour later
the second ballot stood eleven 10 one
for the defendant
after that a ballot was taken about
every hour" said Somers Some
hours We took several. The great
thing that seemed 10 stick in the mind
of Burns was that Mr.. Barnes should
not have costs assessed against him.
The foreman expressed the belief
that had IL not been for this point
Burns would have gone over TO the
defendant long before he did.
Politics Kept Out.
1--WE decided strictly in accordance
with the justices charge in regard 10
the evidence we should consider" add
ed Mr.. Somers. zone Of the great
points on which the verdict rested
was the question OF veracity raised
between the different witnesses.
Politics did not enter at any time.
Nor did we consider the printing evil
dence in justification, as the justice
had charged US not to. hope that
no one will think we did
The jury was really with the de-
PENDANT all along. except in the techni-
cal matter of costs raised by MI.
Burns"
The assessment Of costs is largely
a matter OF agreement between coun-
sci. Although the law puts them on
a defeated plaintiff. II is understood
Colonel Roosevelt has instructed his
counsel TO refuse any money from
Mr.. Barnes.
The courtroom was well filed when
Justice Andrews dropped his gavel
soon after 10 o'clock Colonel Roose-
Welt was in his usual chair at the
head Of his counsel table and every
member Of his staff was on hand.
Mr. Wolf, Of Barnes's counsel after
n whispered conference with Mr.. Bar
mum, indicated that he had something
10 say.
I'VE desire, before the jury Is called
.ai5 Geo anter an objection to the