The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-21
OTHER JURORS ARE BITTER
AND HAVE TALKED PLAINLY TO THE
SAUSAGE MAKERS FRIEND.
Judge TuthiII Determined to Prevent
ing the Jury Till Saturday.

case before the opening or court tomorrow
morning Judge Tuthill went home early
in the evening leaving matters with States
Attorney Deneen, who was to send him
word in case a verdict should be reached
during the early part of the evening. The
attorneys for the defense also left matters
with Mr.. Deneen and went home to await
any word that might come from the jury
room Attorney Phalen, the junior counsel
for the defense, was around the states at
torney's Office for short time, and then
took his departure He made call on the
states attorney, and polxing his head in
side the door, queried, briefly: ANY
thing?"
Nothing" said Mr.. Deneen, with a
weary smile, which Mr.. Phalen returned
he hurried for the doorway.
States Attorney Deneen, pale faced and
red eyed from long lack of sleep, sat in his
Office until $50, and then he announced that
he would wait no longer and gave orders
that his Office be closed. II shall wait no
longer" he said land there is no need of
anybody waiting after / leave. / agreed
with Judge Tuthill and the attorneys for
the defense to remain here until $50 to re-
ceive the announcement of a verdict should
one be reached. In the event of an agree
ment 1 was to send word to the judge and
opposite COu0Se1 ana LneX WOulQ come TO
the court for the purpose of receiving the
verdict. 1t was understood that if the jury
did not send word of a verdict by $3.50 the
building should be closed and everything
should go over until $50 tomorrow morn
ing. No word has come. and if the jury
does arrive at a verdict 1t will not be heard
and no announcement of the verdict being
reached will be sent out from the jury
room. There is absolutely no chance now
| of anything being heard from the twelve
| men before tomorrow morning at the
| earliest"
| For a time tonight it was rumored that
| if the jury had not agreed by tomorrow it
| will be discharged as soon as it reports its
| inability to reach verdict. This, however,
| is not the case. 1t is the firm &Mermina-
ton of Judge Tuthil to keep the jury un-
til Saturday night or late Saturday after
noon before he permits them to go with a
| disagreement He has announced that both
state and defense have spent so much
money and time, and the case has been so
long and difficult to try. that he will not
| consent to the discharge of the jury until
| there is absolutely no hope whatever of a
verdict being reached.
HARLEY is STUBBORN.
| The jury stands about where it stood
| twenty-four hours ago. Reports vary from
nine for the death penalty to three for ac-
| quittal, to eleven for death and one for
| quittal. The one juror holding out for
Luetgert is Harley, and it is thought that
| if he would change front there would be
| little time lost in arriving at a verdict.
| Juror Holabird is also credited with favor
| ing the acquittal of the prisoner, but it is
| thought he would come around quickly if
| Harley could be induced to vote for convic-
| ton.
| The feeling among the jurors who are in
favor of the death penalty is high against
/ Harley, and they have done some very
plain talking to him. At one time this
morning they even sent for Judge Tuthill
to know, among other things, if eleven men
| could compel one man to vote with them,
| or if a verdict would be valid if but eleven
men signed it. This is the incident that
| gave rise to the statement that there was
| but one man standing between Luetgert
| and death sentence.
Juror Harley is German. and the claim is
made that he sympathizeS with Luetgert on
the score of nationality. Harley once
| indicted in the Criminal Court in connection
with the County Commissioners Doodle
scandal of ten years ago. He was never
! LOngenecker, who was then states attorney.
/ The states attorney is free to confess that
had he known Harleys record with refer
ence to the Doodle scandal of the County
Board Harley would never have been per-
| mitted to serve on the jury.
Juror Behmiller is a butcher by occupa-
ton and keeps a meat market at Desplaines,
| a suburban town. At one time he was a
! customer of Luetgert and purchased Sau-
sage from him. This fact was known, put
| Behmiller answered with apparent fairness
| that the business relations he had sustained
| with the prisoner would in no wise anect his
| Judgment in the trial of the case. The prose-
| cution is now convinced that the matter Of
| procuring a jury to try this noted case was
pushed along too vigorously, as only one
week was required. AT the time the mat
ter of getting the jury was under way it
was thought the trial would not take over
! three weeks The magnitude and mpor-
tance of the great case was not 1ully
! realized.
states Attorney Deenen this morning, in
| referring TO Juror Harley, said: He was
the last man accepted. We did not have time
to look up his record, as we had done in the
case of each of the other eleven. He an
swered all questions fairly enough and mis-
! appearance was good. That is why he was
| accepted"
Luetgert was astir early again this morn
! ing and, as usual, ate a hearty breakfast.
| The suspense concerning his fate did not
affect the appetite of the big sausage maker.
| He was confident of acqulttal and IL the
| best of humor as he exercised In the corri-
| dor before his cell. L Will be acquitted, l
| am sure of it." he exclaimed THE next
! time / am called to the courtroom | will
leave it a free man. Yes, Sir, the sweetest
| music / shall ever hear will be that verdict
| of not guilty. 1t will be just verdict. toe" :"
Arnold I.uetgeIt, his son, shared the en-
thusiasm of his father TO q degree He was
| not as positive in his declaration of his be-
| lief that his father would be acquitted. But
| they will not convict him., asserted young
Luetgert Il look for a disagreement and
| that is not so bad.
LUETGERT IN COURT.
At 1890 o'clock this morning Judge Tut
hill called the jury into the courtroom.
From a neighborng window Juror Harley
was seen shaking hands with the other jur-
ors and it was believed by many that
verdict had been reached. Ten minutes lat
er the judge sent for the prisoner and Luet-
CERT was taken up the back elevator in
the building and into court. A few minutes
after the jury came into the courtroom.
! States Attorney Deneen and Attorneys
| Vincent and Phalen huriediy pushed their
way through the crowd and were admitted
/ to the courtroom. Luetgert was returned
to the Jail few minutes after IL o'clock.
AS he passed down the corridor to his cell
| he was piled with questions from dozen
reporters. His demeanor implied that he
had heard nothing bad. They did not do