The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-21

anything of the kind went on ] went in,
but they did not do thing. It is a dis
agreement sure" said the noted prisoner,
as he walked springily into his cell
A few minutes later States Attorney
Deneen said: Il had barely reached my
Office this morning when / was informed
that my presence was desired in the court
room, and that the Luetgert jury had
report or something of that nature to the
judge. Judge Tuthil, ex-Judge Vincent and
Attorney Phalen had been notified, and were
in the courtroom when ! reached it, Luet-
CERT was sent for, and came into court cool
and smiling. Then the jury was brought
in. 1t was apparent at once who had
been holding the jury continued the
states attorney.
Judge Tuthill inquired if the jury had any
communication to make. Juror Harley was
on his feet in jiffy, and began asking
questions. He desired Instructions on Il
question of fact He wanted TO know if it
was possible to leave out certain evidence
altogether-exclude ii entirely and make up
a verdict from it. This query excited the
laughter of those who were opposed to Har-
ley, and it was noticeable that nine of the
jurors laughed
Judge Tuthili replied that the question
was an improper one for him to answer.
You have your Instructions" said his
Honor. Mote the reading of them. You
will find that nearly all of them contain
the language, and if, after consideration of
all the evidence, you find beyond a reason
able doubt ETC., that should be sufficient.
The court cannot instruct you upon ques-
ton of fact You will retire to your Jury
room and return to further consideration of
the case"
CAN'T THROW OUT EVIDENCE.
Some of the jurors wanted to throw out
the evidence of the Schimpke sisters-Emma
and Gottieba These were the witnesses
who testified that they saw Mrs. Luetgert
walking to the sausage factory with her
husband on the night of May l. Judge Tut
hill told the jury that no evidence in the
case not stricken out before it went to the
jury could now be excluded
During all the long trial States Attorney
Deneen did not once speak to Luetgert. In
fact, never until to-day did Mr.. Deneen
come in contact with the big sausage maker.
Assistant States Attorney McEwen had
conducted all the preliminary proceedings
in the case. When Luetgert walked into
Judge 1uthilfs courtroom this morning lie
DeueVeQ verdict had been reached He
also believed that he had been acquitted
With smile on his face he walked up to
eX-Judge Vincent and Attorney Phaien and
warmly shook each of them by the hand.
Then turning toward States Attorney De-
neen he grasped the small hand of the
states attorney in mis- monster palm and
exclaimed: ell, Alr. Deneen, L am glad
it is all over. You gave me a terrible tongue
lashng the last day, but you were fair. You
did not go outside the evidence" States
Attorney Deneen shook the hand OF the
giant German, smiled and bowed, but said
nothing
1t is the general opinion tonight that
Juror Harley will prove firm to the end,
and he may keep Holabird with him. The
lawyers for the defense still stick to their
assertion of coming acquttal, but Attor-
ney Phalen says .dlsagreement' as often
as he says acquittal The state is now
looking for disagreement, having small
hope that Harley VIII agree to conviction,
and certainly not to the death penalty. The
states attorney is, however, confident that
the jury will be with him to the extent of
ten to two or eleven to one. Il will have
ten of them, feel sure" he said tonight.
Although it is possible that 1 may have
only nine, but nine will be for the state
without the slightest doubt If a disagree
ment is the result of the trial, the case will
be tried again as soon as possible"
Mr.. Deneen is a hard fighter, and he
smiled grimly tonight when asked if he
| intended to try the case again. why,
most certainly we will he said, and We
VIII put up q stronger case against him the
second time than we have on this trial.
Then, too, Mrs. Luetgert will have had just
so much more time in which to show up
and as, of course, she will not do that, 1t
will be worse for Luetgert than it is now"
The Chicago reporters are having a hard
time getting information about the jury
About every paper in town has rented one
or more rooms on the upper floor of the
Revere House, which faces the Criminal
Court building, ARID l0ok into the courtroom
where the trial took place. The reporters
stationed in these rooms have powerful field
| glasses and can see into the courtroom when
the jury is present provided the curtains
are up. The court officials, however
created havoc to-day by pulling down the
curtains. They did this at the time the jury
came in to consult Judge Tuthill. The room
in which the jurors deliberate is on the
north side Of the building, its windows fac
ing the cellhouse of the county Jail Re
porters are constantly on the roof OF the
jail, and with field glasses can see the
jurors distinctly. None of the discussion
can be heard, as there is a court between
the cellhouse and the building about eighty
feet wide. The gestures and movements Of
the jurors indicate the heated character Of
their arguments with each other and by
watching the groups closely it can be de-
termined with reasonable accuracy about
how they stand numerically.