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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (May 21, 1915)
PORTLAND, OREGON, FRIDAY EVENING, MAY 21, 1915 EIGHTEEN PAGES. PRICE TWO CENTS OK TEAIWS AND KIWI ETAS OS rlVE CENTS RATIFI VOL. XIV. NO. 63. ITALY'S SENATE ESWARAC BY ITALIANS " Italian PahinPt Mpets This . morning, Aajoums wimuui ) ' Against Austria; Relations Not Broken. , "IMMEDIATE RUPTURE" 15 UtNILU BT ILUIUNO Senate Scheduled to Take Formal Action This After noon Empowering Govern ment to Act; Crowds Cheer v but Are Orderly. ? Eom, Mat 81. T. P.) The Italian senate this evening ratified the bill giving the g-ovarnment full power to act against Austria by a unanimous vote. Tne measure was pawed by tba chamber of deputies yesterday. Venice, May 21. (IT. T.l The Italian ; steamer aiaraaxa imtm imm tM ' and reported that an Anatrlan sub marine stopped ner orr savens, Tne suDmarines crew searcnea tne Marsala and then permitted her to proceed. Soma, May ai. (TJ. P.) Tne pope ' will tiro teat ajralnst tba refusal of tne - government to grant diplomatic tm . xaunity to tbe . Austrian and Oerman Rome. -May . 21. (U. P. An ultt--' matum" may be sent to Austria by the iianan BOTemmM oeiore nignt.- After a brief morning session the cabinet recessed until late this after noon fwnen anotner meeting win be held. The senate met this afternoon to ratify the action of the chamber of deputies in approving the govern ment's war program. It was under stood the ministry would take decisive action after the senate adjourned. . Prince von Buelow and Baron Mac chio, the German and Austrian am bassadors, had not J eft Rome early this afternoon. At the embassies it was " Mated that neither foresaw any diplo matic incident "likely to involve an Immediate rupture." Attaches ex pressed the hope that Italy would not oegin nosiniues wunoui giving Aus tria, an nrjnortunttv to make, fresh overtures. 1 Claim Ana-trla TTnnreTiafeA. No statement was Issued followine .. tbe recess taken by the cabinet. It that Italy's course Is determined and that the government is not to be ' swayed by Austria's dilatory tactics re garding the concessions demanded by " Rome. . Military experts are of the opinion -,. fllct with Italy and is playing for time in order to complete her border de- The action scheduled in the senate this afternoon is purely formal. If is expected to pass the bill empowering the government to act without debate. Shops "Closed for Joy." As a result of a general agreement, many shops closed today, and the en tire population of the city gave itself over to a holiday celebration. Placards were placed on the doors of stores and shops reading: -Closed for national Joy." . .. r . Streets were thronged with cheering crowds. Extra editions of newspapers were snatched up eagerly, while crowds 8 warmed about all bulletin boards. The crowds were not as noisy, however, as those which poured through the streets last week in the pro-war demonstra tions., and there was no disturbance in . the Austrian or German quarters. Humors of Border Sashes. Wild rumors of clashes, having al ready occurred on the border, and that the fleet had sailed to engage the Aus trian battle squadron, kept Rome in a state of feverish expectancy. Throughout last night - until day break today, a crowd of more than 200,000, aflame with the war spirit, paraded through the streets bearing Italian flags and those of the allied powers. The patriotic throngs spread throughout the city, singing patriotic songs, wildly cheering every soldier that appeared and wildly shouting the praises of Salandra, Foreign Minister Sonntno was the first official to arrive at the govern ment offices today. Premier Salandra - was the next to appear. Carabinieri lined the streets about the government building and made way for the pre mier's limousine. As the automobile " rolled between the lines of the cheer- ing people there were cries of "Long live SalandralT and "Death to the Aus- ; trlans." . - ' l: Ultimatum Asked Tor. . Before night the' decision of the gov ernment may be known. It is reported that the ultimatum of Austria ' will carry a time limit of 48 hours in which reply may be made. Another report uw.iM Liik n.i win uq ueciarea without further recource to diplomacy. In military circles it was expected that orders would be issued for hostilities to be opened within 21 hours. - The whereabouts of the Italian fleet is s, complete mystery. Though it has been known - that troops were massed HAVE HELPED GUIDE r 3 , -va, Premier Antonio Salandra. on the Goritx frontier and on the Tyrol border, the government has kept the location of the battle- squadron secret for weeks. . The censor today passed a report from Venice that an Italian torpedo boat had Stopped the Austrian steamer Cosulich. .while lt was trying, to leave port, but this is not confirmed. The captain of the Cosulich is re ported to have been arrested , and his cargo confiscated. It is known that torpedoboats are : ruardlng Genoa : to prevent interned German ships from taking to sea. The German - and Austrian ambas sadors. Prince von Buelow and. Baron Macchlo, bad not left Rome as yet, it was: stated at the embassies early to day. It is presumed that under orders of their governments they are arrang ing for tha protection of Austrians and Germans whose business requires that, they remain In Italy after hostilities are begun. Ambassador von -Buelow is said; to have "declared that he did r.ot expect to iave Rome for at least two days. ' ' The unanimous support given the government ; war program - by 1 parlia-S. meat was a surprise even to pro-war leaders. Only one deputy, the Social ist Zurati, sougtot to debate against placing full power in tbe hands of the cabinet. Political leaders today issued a call for all classes to bury their dif ferences and v rally to the support of the government. Leaders in the suf frage, movement and other organiza tions joined in taking this action. Military Take Over Schools. All schools were taken over by the military authorities todayr in con formity .with previously laid plans. School .buildings on the frontier will be used as quarters for troops, while those in the interior will serve as hos-. pitals. . v -s Women of the nobility are busy or ganizing hospital units. Following the example of the American born Prin cess Ruspoli, many will throw open their palaces for use as hospitals. Premier Salandra has obtained a de cree suspending - diplomatic immunity for the Austrian and German ambassa dors to the Vatican. They will leave tomorrow. V A royal decree Issued provides that all foreigners must register' with the police within three days. "'All Aus trians and Germans failing to register will be immediately arrested, fined and probably interned. Von Jagow Receives Resolutions. Berlin, via The Hague, May 21. (U. P.) Miss Jane "Addams of Chicago was today Introduced at the German foreign office by Ambassador " Gerard and presented to Foreign Minister von Jagow the peace resolution recently adopted, by the, Women's International Congress at The Hague., j Kingsbury Piano 3-H.-P. Gas Engine The following ads, and many others, can be found under their respective - headings in today's "Want Ad" columns: ' Iiost and round 31 LOST in Plaza block, lady's black handbag, small purse containing about $7. Memorandum and ad dress book." , , - Tex Bale Miscellaneous 19 "BARGAINS in 1 and t h. p., slightly used stationary gas en gines. New wood saw outfit com plete, mounted with 6 h p. sta- tionary Hopper cooled engine and sliding table, cheap." Pianos, Organs and Musical Instruments 34 "SWKET toned Kingsbury piano, $120 cash.", - - . Automobiles-Accessories 44 "1913 FORD roadster. 30x3 Non Skid tires all around, t electric light with storage battery, master ' vibrator, speedometer, good run ning order; $285.", ' Wanted To Beat 7 , "WANTED June 2, furnished cottage, 3 or 4 rooms; yard; no children; close in." -v Livestock 35 "WILL be sold at Barton, Or., bv sheriff sale. May 24, 2 p. m.. 14 head high grade Holstein cows, 2 to 7 years old, some fresh, balance springing. . Also one registered' Holstein bull, 3 years old." Acreage 57 "18 PER acre, 1 B0 Acres of good land. 30s miles, sbuth of Tho Dalles. Or., 2 miles from Friend station; 10 acres in cultivation, balance in pasture and - timber; ' about 200,000 saw timber, plenty water, house and barn." t - 4 ' , v 7 iHI III 5- ' X 3 111 h-zsr mil i-yv- i "-' A I II I- - T s - 4 f I J Ik J ITALY TO WAR'S DOORS 4 ; 1 8 ? ? v at i. 1 if , i Af Sis ' Copyright, 1915, International News Serrlee. Baron Sonnino. BULLETINS Rome, May 21. (I. XT. S.) Attache Tallanl of the Italian embassy at Con stantinople, today notified, the govern ment that Turkey will sue for sepa rate peace if Bulgaria and Boumania join the allies' cause. Paris, May 21. (I. BY S.) Italy has struck the first blow against Austria, through its fleet, according to a dis patch r0eived here today from Borne. ' The message asserts that Italian warships patrolling the' Albanian coast have 'entered" the Austrian port of Cattaro Bel Matla. The dispatch carted no details, and did not state whether Cattarro had been bombarded. Ports guarding Cat tarro have been shelled several times by Prench . warships t during the past six months. Bsples, May CL (XT. P.) The Ital ian authorities today seize , a Greek steamer carrying a cargo of 21,000 tons of rice consigned to Germany. Borne, May ai (tr. P.) It is re ported thata war council will be held tonight. Venice, May 2L (XT. P.) Austria today began Interning all Italian males of military age. Fifty thousand boys and men between the ages of 17 and 60 around Barbariga, XMgnaa and Marsana were today placed aboard trains for concentration camps established at Carniola and Croatia, according to ad vices received here. Leading Italians im Pola have been arrested while others have been ter rorized by Austrian mobs. Venice, May ai. (I. B. S.) Aus trian troops today fired upon Italians at Zara, an Austrian border town.' The Italians, starting a demonstration, had destroyed an Austrian flag. ' Several were killed and a number wounded by the fire of Pranz Josef's soldiers. . Verona, May 21 (X, B. S.) Aus trian troops along the Italian frontier at Pont 2H Caffaro today retired be hind fortifications at Condino, first destroying the telephone and telegraph!? com muni cation. The Austrian population was advised to take up new quarters behind the lines of fortifications but refused. ' Bank's Affidavit Called Imposition Samuel tTntermeyer, in Arguing Biggs Bank Injunction Case for Govern ment, Attacks Applicant's Claims. Washington, Mayf 21. (U. P.) A controversy ' over conflicting affida vits today delayed the resumption of former Senator, .Joseph Bailey's argu ment in the hearing before Justice Mc Coy on the Injunction sought' by the Riggs National bank; against Secretary of the Treasury McAdoo and Comptrol ler of the Currency Williams. ; The bank's affidavit impressed at torneys for the treasury department cs seeking to disavow knowledge -of en tries of the defunct' brokerage firm of Lewis Johnson & Co. as suggesting stock,.-transactions between this firm and . the bank. Samuel Untcnntytr termed the affidavit a "gross imposi tion upon the court,' if not worse.". He offered a counter affidavit from the brokerage . firm's bookkeeper ' to controvert i t. . ' ' . J. 1 . Attorneys for the Riggs bank again insisted that the institution, "as a bank," never engaged In short selling or stock transactions. ; ft- . Justice McCoy intimated he would go into tho affidaVits more fully later and Bailey was able to continue his arguments. " He based his argument on legal and financial technicalities. . Capture of Riga Is Believed Imaginary ' London. May 21. U. P.) Private dispatches to Stockholm stating that the Germans had captured Riga after a naval engagement in the Baltic were rot confirmed from any other source today. Th report is not credited . in official circles. ' , ii n nil COWBOY LIIILt BOWERS' TERM FOR GOVERNOR Chairman of Executive Board of C. F. & I. Co. Wrote Rockefeller That Colorado Governor Would Be Good. "HE WILL BE BROUGHT TO TIME" SAID BOWERS Rockefeller Jr. Strongly Re sents Attitude of Chair- man Walsh to Him. Washington. May 21. (U. P.) John D. Rockefeller Jr. was excused late this afternoon after being subjected throughout the day to a, severe grilling by members of the federal commis sion on industrial relations, regarding his connection with the Colorado coal strike. y It was a severe ordeal for the witness who was perspiring freely when he left the room. A the conclusion of his testimony Rockefeller shooK hands with Samuel Gompers and other labor leaders but he ' seemed to be glad to get away. During the examination Rockefeller was . courteously questioned by Chair man Frank P. Walsh, who, however, did not omit anything just because it was of an unpleasant nature. At one stage of his examination, to Walsh's question as to whether he considered the burning of the Ludlow tent colony of Colorado strikers Justi fiable, Rockefeller declared he did not consider any act of Violence justified. "What would you have done if you had known of the employment of mine guards?" asked tbe chairman. "I would have taken no action, re piled Rockefeller. ' "I would have de plored? the necessity cf supplementing state forces to preserve order. Chairman Frank P." 'Walsh; 'latliTs (Conclnded on Pace Two, Column Tira.l IS E TODAY TO L BE Queen Justine I and Queen - Florence I Crowned Before Crowd of Merry-Makers. Roseburg, Or., May 21. With fair weather prevailing and large crowds in attendance, the seventh annual Rose burg Strawberry Festival held to pay homage to that luscious Douglas coun ty fruit opened this morning. At 10 o'clock the school children's parade, with nearly 1000 school children In line, traversed tbe. business streets. Different classes represented various things, and it was said, to be the best parade of that ' kind ever seen here. The parade ended at the courtyard, where Queen Justine I, and the chil dren's queen, Florence I, were crowned. Coronation address and queens' proc lamation address were delivered by O. P. Coshow. Several thousand people witnessed the ceremony. . This afternoon an automobile, fra ternal and industrial parade will be seen. Tonight the queens' ball will be held at . the Armory. Band concert .are being rendered throughout the day by the , Douglas County band and the Roseburg Juvenile band.; One of the best strawberry exhibits ever seen here is on display at the Commercial- club building and at the depot. Roseburg women are distribut ing Roseburg roses and Douglas coun ty strawberries to passengers on all trains. Tomorrow' will be held the grange and county school parade, and an auto mobile and industrial parade. The car nival will close at midnight Saturday with high carnival. Raid Concentration Camp, Killing Ten Allied Air Craft Swoop Upon Bruges, Doing,- Much Damage to Military Property and wounding Soldiers. v Amsterdam, May 21. (I. N. S.) Ten soldiers bave been killed and scores wounded in a raid, of allied airs craft upon the German concentration 'camp at Bruges, according to a dispatch re ceived here today. Much damage to military property also was, done,, the dispatch declared, Inventor Falls 1400 Ft. to Death Aviator Moreau, Who Made Bevies to prevent Aeroplane Prom Capsizing, Takes Plunge With Disabled Airship. Paris. May 21. - (U. P.) Aviator Moreau fell from a height of 1400 feet In his disabled aeroplane at Gelun to day and was killed. Moreau was noted for his invention of a safety device to prevent aeroplanes from capsizingvr 1 R0SE6URG PAYING HOMAG USCIOUS RED RRY CABINET CONSIDERS SECRET REPORTS ON REPLY TO U. S. NOTE Reports Are Optimistifc Inso far as : Showing Germany to Meet U. S. Half Way. By John Edwin Ncvin. Washington,. May 21. (U. P.) President Wilson and the cabinet to day considered the confidential re portji which have 'been received from Ambassador. Gerard since the protest against the submarine warfare of the kaiser's navy was presented to(the for eign office. It is understood that the reports of the ambassador were comparatively optimistic in .showing that Germany desires to meet the United States more than half way. It was indicated that Germany. has pointed out that the allies are relying upon munitions from the United States which are superior to those manufac tured in Europe, and that Germany can consequently hardly be blameu for trying to destroy merchantmen carry ing munitions, even though they be passenger vessels. That this is the most crucial point in the negotiations is becoming in creasingly evident. It is likely that this may be the only unsettled ques tion when the German reply is re ceived. The cabinet today- also considered the memorandum Issued by the British authorities last night concerning car goes detained in English ports. It is understood that Secretary Bryan ad vocated not- only tsking Great Britain that all prize court cases be expedited, but that the British order-in-councU, providing for a blockade of Germany, be modified., President Wilson and other cabinet ministers took the posi tion that the government would do well to deal with one problem at a time. It was admitted , in official circles that "the British memorandum cut the ground from under any general pro test in behalf of cotton shippers or beef packers , whose goods are still de tained. It is believed tbe cotton deal ers will want to be paid for the cot ton seized at existing prices. and not at the price at whcb the cotton was eoldjby contract. .... . . ; Turks Lose Heavily in Attacking Allies English pieet Beduoes AB Batteries on Asiatic Bids of Dardanelles Town of Dardanelles Destroyed by Plre. , Athens, May 21. (I. N. 8.) Allied forces, supported by the battleship Queen, Elizabeth and several other smaller warships, today were conduct ing a general advance along the Gal lipoli peninsula. The Turks, supported by the cruiser Goeben, -attacked the allies' column near Fort Kilid Bahr, but were re imlsed with -heavy loss. The allies took 600 prisoners during the engage ment. The fleet's bombardment has resulted in tbe reduction of all the Turkish batteries on the Asiatic side of the Dardanelles. Several of the forts on the European side of the strait, however, still hold out and stubbornly resist the allied ileet and land forces. . Aviators Do 4) am age. London, May 2L (I. N. S.) The town of Dardanelles has been de stroyed by the fire of ( the Anglo-French fleet, according to a dispatch received here today from Athens. Aviators op crating with the fleet have alsa wrecked a large part of the town of Gallipoli, and the allies land forces have captured Maidos, the message declared. , , Villistas DriVen From Saltillo, Mex I, . , Pormer Provisional President Gutier rez Attacks Territory With rorce of 13,000; VilZa Calls for Soldiers. El Paso, Texas. May 21. I. N. S.) That General Eulalio Gutierrez, , for mer provisional president of Mexico, has captured Saltillo, was the asser tion contained in a dispatch received here today f rOm Chihuahua. It was declared General Gutierrez attacked Saltillo with 12,000 men whom he had gathered secretly, and succeeded in driving out the Villistas under General Raoul Madero. Madero was said to be retreating toward Tor reon. General Francisco Villa today issued a proclamation summoning all Mexi cans in northern Mexico, between the ages of 14 and 40, to Join his fight against the Carranxlstas. Those who enlist i before July 6 are promised pay at five pesos a day, while those who fail to heed the rebel commander's call are threatened with compulsory service without compensation. Germany Preparing To Shoot More Gas London, May 21. (L N. R.) The Germans are installing pipelines in Alsace and connecting them with gen erating stations .20 to 30 miles behind the front . in general preparation to turn loose - vast volumes of poisoned gas when the French attempt to ad vance. This at least is the - story brought from Alsace by travelers ar riving at Lugano, whence the accounts have been sent here. It Is said that similar preparations are being made on the Austrian frontier,, where the en tire region has been tunneled and pipes laid. ,t LASSEN SPOUTS :SI El Great Stream Coming From California Volcano Buries Country From Four to Six Feet Deep; Still Spreading. PEOPLE BARELY ESCAPE IN THEIR NIGHT CLOTHES Many Head of Livestock Are Killed and Farm Buildings 1 Swept Away. Redding, Cal., May 21. (U. P.) . Mount Lassen Is sending forth a veri table river of mud which is burying farms along Hat creek from four to six feet deep. People in these sections are fleeing from their homes to find safety in the hills. Warnings were received here at mid night from forest rangers. The inhabi tants who were thus . warned could scarcely believe that the reports were true. W. C. Hall failed to receive the warning in . time and his house and barns were swept away. He reports that member of his family escaped in their night clothes. Hall said every bead of his stock was killed except one horse. Last re ports stated that the mud flood was five miles above the postoffic at Cas sel. " The farms of Wilbur Wllooa and Charles Hawkins have both been sub merged in mud, advices say. Their families escaped. The volcano is sending forth valumes of smoke and- strong sulphuric fumes. No lava and no ashes are being ejected Hat creek rises on the northern slope of Mount Lassen and flows in a north erly, direction for 40 miles, emptying into- the Pitt river. , Farms Une the whole length of the stream up to Hall'j place.. which Is nearest the mountain. Hall's farm was the first one hit. Several times during . eruptions Of the .volcano ashes have been thrown into Hat creek, muddying the waters so that it'could not be used. The full extent of the , present activity is not yet clear here, as telephone communi cation with the Lassen district is badly crippled. Excited residents of that section, however, telephoned into Montgomery' creek and told of the lat est activity of the volcano. ,Fred Seaborn declared the. sea of mud hit his place at 4:30 o'clock this morning. ! v' ' The towns along Hat' creek are Cas sel. Carbon and Hall, all very small settlements. The -telephone operator at Montgom ery creek at noon declared that she had received reports that ''many head of livestock had been killed. She 'said that, at one place, the mud flood was two miles wide and seve.al feet deep. ' ' . . Shortly before noon today the flood showed signs of abating. At that time it had - reached the ranch of Henry Regerf two miles above CasseL , There it separated the main stream going to the lava fields while the rest coursed down the creek. x Kitchener Called : To War Conference Asquith Summons Minister of War to Important Meeting; Bumors That McXenna Will Succeed Kitchener. London, May 21.' (I. n! S.) Karl Kitchener this afternoon was sum moned by Premier' Asquith to a con ference. Home Secretary McKenna and Minister Crewe participating. Many here regard this as confirma tory of the report that McKenna will succeed Kitchener as minister of war. German Invasion Feared. London, May 21. (U. P.) While the attention of the entire country wa9 centered upon the formation of the coalition cabinet which has been do cided upon, suggestions that the new war ministry may have to solve the problem of resisting', a German inva sion were heard today. The Daily Mail, in an editorial, said: "It is possible that the coalition cab inet will be responsible to the country at the time of an actual attempted in vasion. We do not believe for a mo ment that the 1 Germans are keeping their vast fleet of warships and trans ports .rotting in idleness. v We believe that when the hour suits them, per haps in some last moment of despera tion, their fleet will strike with the in tention of terrifying the people of these islands into peace on their own trms." . ;. . Anti-Japanese Riots Stir Hankow, China Victims of Chinamen Appeal to Toklo , Alleging Germans Inspired Trouble; Business Establishments Wrecked. Peking, May 21. fL N. S. Riots against Japanese have been . resumed at Hankow, according to a dispatch re ceived here5 today. Chinese mobs wrecked several Nipponese . business establishments there and, it is said, the Mikado's subjects & re in a state of terror. Japanese, here, charge tho German consulate at Hankow with - fomenting feeling against their countrymen, and have appealed to Toklo for help. - i ! i GENERAL MILES WILL BE ENTER AINED HERE SHORT VISIT Famous Indi n Fighter, Now Retired, Gi ijest of Arlington Giub. i' ' General r JNelson ' A. ' Allies. ' Lieutenant General Nelson A. Miles, U. S. A., retired, arrived in Portland at 1:50 o'clock this afternoon on. the Shasta Limited - train from San . Fran cisoo. i ' " ' General Miles was at once taken to the Arlington club, where he will be a guest until be resumes his journey to Seattle tonight at 11 o'clock. ; The stay in . Portland was the result of a sudden change in plane, as it had been originally Intended that he should proceed" to Puget Sound after, a brief visit in this city. General Miles was accompanied by hja traveling companion, E. A.' Wei borg, . a personal friend, and Charles K. Henry, "of Pasadena, formerly of Portland,: who had traveled with the distinguished . soldier from - Imperial Valley. Cal. He was met at the depot by a dele gation of Portland citizens - which In cluded s Harry L. Corbett, ; Mark Wood ruff, publicity agent of tbe Chamber of Commerce, J. Hamilton, a G. A. Ii. man, Sergeant L. M. Wilson, an order ly for General Miles during the In dian war. Colonel Cornelius Gardener, U. S. A., reUred, and Dr. W. O. Turner, whose father was an officer nnder Gen eral Miles during tne war against the Sioux..' Dr. Turner himself gained distin guished honor as a scout during the war. . - " General Miles' expressed himself as being well pleased with the appearance of Portland and regretted bis inability to remain longer in the city. At the Arlington club the distin guished warrior was the recipient of many friendly greetings from those who knew him personally and who ad mired his splendid ' achievements on the battlefield. French Gain Ground North of Jpres Allies Besume Offensive In West Plan ders; Britons Make Progress Worth of Dabassee;' Pighting Violent. - Part, May2L (I. N. 8.) Resump tion of the allies' offensive in West Flanders, with moderation of the weather there, a reported in a state ment, issued by the war office here today. :' "'"' . ' ' . - '. ' The 5 French have gained ground north -of Ypres, " while the British forces have made progress north of Labassee, according to the statement. j. "Following a repulse of German at tacks,, the war office added, "the al lies launched assaults at the northern end of the fighting line, where the fighting now is of the most violent nature." ' . ..v. . .. Father, Who KiUed' ' Baby, .Found Guilty Seattle, Wash., May 21,-l(TJv P.) John C- Hindle, barber, who. while In an intoxicated condition, choked his 11-months-old baby to death on Feb ruary 25 last, was found guilty of manslaughter this morning by a jury In Superior Judge Ronald's court. The Jury was out seven hours. Hindle's defense was he was temporarily Insane from excessive use of liquor. DURING 5 sj v;- x ' I mm W JURY STANDS II TO ONE FOR T. R. IM LIBEL SUIT Verdict Recommending That, 7 Roosevelt Pay Part of the Costs Rejected by Presid ing Judge Andrews. DEFENDANT GRINS AT REPORT FROM JURY Jurymen Are Sent Back to Arrive at Some Definite Conclusion. Syracuse, N. TT.. May 21. (TT. After deliberating most.of the night the jury which heard the evidence in William Barnes $50,000 libel suit against Colonel Roosevelt attempted to. return a verdict at 16:45 today, but succeeded only in bringing about an unparalleled mixup and leKal tangle. Instead of having really reached verdict, it appeared wlien the Jury was. polled In open court that the 12 men stood :i to, 1 lu favor of return ing a decision for tne' formr presi dent and denying liarnes damages. At the same tima the verdict announced by the foreman provided that part of the costs of the trial, estimated at $40,000, should be paid by Roosevelt. The entire report of tbe Jury was held to be Illegal by Justice Andrews and the men were sent buck for further deliberation, : That the Jury had not reached j. unanimous decision on . tho verdict In favor of Roosevelt, but recommending that the colonel be' forced to pay part of the coats,hwas not known until the court clerk called tho roll for the in dividual votes. The foreman had announced a ver dict, , but when the ham of Jd.ward Burns, a Democrat, was called he an nounced bis decision in . favor of Barnes. . There was no commotion in " court, but suppressed excitement was evi dent as Justice Andrews explained that he could not accept the verdict us ren dered and ordered the men bacH. The justice had warned the spec tators against any demonstration. At 12:30 the jury was still oat after having been sent' back by Jubtlce An drews and court was adjoum-ed until 2 o'clock. - It was shortly before 11 o'clock when tbe jury filed solemnly in and prepared to put itself in legal history for its ability tO' throw a cane into utter con fusion. " Proposal to Blvlde Costs. Clerk Clark asked the usual question as "to whether a verdict had been reached. Foreman Somers then satii: "We find lor the , defendant with the suggestion that the coxts be ill-, vided between tbe two parties." ' Aliorneys ior pom: nooseveu ami names were at. urei asivuiiueu. iiirn they all smlledj Colonel Roosevelt Joined In showing his amazement at the Jury's announcement, but his grin quickly disappeared as he turned to consult with bis counsel. "Gentlemen, your verdict is not in proper form," said Justice Andrews In addressing the Jury. "You must find a verdict one way or the other, for tho defendant or plaintiff." Foreman Corners then asked if the Jury might take a rising vote- "I can't permit you to carry on your deliberations in court, but you may take a vote. ' I Bull Moose Would Argue. "A poll of the Jury was begun by Clerk Clark, but before he completed It, Juror Walter Zulll, a Hull Mooter, wanted to discuss the case. When the name of Henry Hoag. Juror, number two, was called on the poll, he arose and said: "I find no cause for the defendant." You mean you find for the defend ant?" inquired JuHtlfi Andrews. "Tes,"Hoag replied. , S The division in the Jury wns then shown'when Kdward Burns was called and' said he found for the" plaintiff. "May I say a word In regard to this matter?".. Juror Zulll lnterp"ed, fol- . i . . ' A n . An t It n r n Cl' lowing wio o iinuv....v.. . " - - vot. vYou must noff discuss the verdlrt In court," Justice Andrews replied. "I cannot give you any advice as to what the "verdict should be. but you mii't find either for the plaintiff or de fendant without "reference, or sugges tion to routs." ; Proffered Instructions Bafased. Attorney Bowers of Roosevelt's counsel asked that the court instruct the Jury that they might find for the defendant and that afterward the parties could agree as to the cont among themselves. . Justice Andrews declined to g-ive such Instructions. Bowers then bean: "We have of fered to divide," but an. objection from Attorney Boerurn of counsel for Barnes cut him off. Justice Andrews then directed the Jury to retire ahd bring In a verdict in proper form. Colonel Roosevelt waited in the courtroom while tlxj Jury was deliber ating for a second time. "Are you gratified with the. partial Can't you tell that from my face?" he replied, and grinned broadly, show ing his teeth. 'Justice Andrews announced at that the Jury would not be discharged until 10 o'clock tomorrow if there was no verdict In the meantime, lie then left court, but said he could be reached until 6 o'clock this afternoon. If no verdict is returned by that time the jury will be locked up for the nisUU i
