The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-10-19
Will DISAGREE.
Jury in the Luetgert Case is
Still Out.
Failure to Reach a Verdict is
Confidently Expected.
NrE EnnEnm nH uHNZ
OF GUILTY
Is Hardly Looked for Even by
the Prosecution.
The Defendant is Confident of
Acquittal.

Chicago. Oct. 19.-Weary and worn,
the jury in the famous Luetgert case
early this morning resumed its deliber-
alton of the evidence, which laid piled
up before it on a table in typewriter
form. All discussion of the case ceased
shortly after ? o'clock this morning and
the tired jurors slept.
At o'clock there was a stir within
the room and BaiIif Walcott entered.
Several of the jurors were engaged in
refreshing themselves by ar application
of cold water to their swollen eyes and
wan cheeks. The bailiff took the order
for breakfast and half an hour later it
was served. After the meal was dis
posed of murmurs We're heard coming
from the room, which indicated that a
discussion was in progress. Soon this
ceased and at S:15 o'clock silence
again reigned.
At 8:45 o'clock the continued silence
IN the jury room was construed by
those accustomed to the methods of
juries as indicating that the jury had
reached a verdict and was awaiting the
at $50
over in the Jail, Luetgert was early
astir.
By order of Jailer Whitman, the pris-
Oner was permitted to leave his cell
and exercise in the corridors alone save
Tor the presence of the corridor guards,
who stood and watched the movements
of his massive frame as he went
through his exercises and walked
around the exercise court. The sau-
sage maker soon lit cigar and contin-
ued his walk, seemingly in very good
spirits.
To an Associated Press reporter. I.uet-
gert said: Il slept Well last night and
ate hearty breakfast this morning.
could eat another in a little while.
believe 1 will be acquitted. Every
hour the jury is out makes it better
for me. But you can't tell what ju-
ry will do after ALL concluded the pris-
oner after a pause.
Five minutes before the time set for
opening of court, the crowd in the
court room was in marked contrast to
that OF yesterday. Instead of the nerv-
Gus thrOng which packed the room YES
terday and late into the night about 25
people, mostly lawyers. newspaper men
and those interested in the trial were
present. The strict orders given re-
gard1ng the admission of people were
well carried out and but few gained
access to the building.
At 10 O'Clock, Judge Tuthill sent word
that he was within easy reach and
would come to the court room immedi-
ately upon notification that his pres
ence was desired. Attorney Phalen
was confident that the jury would disa-
gree. L predicted early this morn
ing that disagreement
would be the result and I firmly be
lieve now my prediction will be veri-
| fed, was his comment The longer
I the jury is out, the stronger my theory
becomes. 1t shows the jury is unable
to agree"
The court room which had been
nearly empty during the early hours
began to fill up towards midday. Many
notable men crowded their way into
! the court room and remained sometime
in the hope of hearing the verdict.
At 1:15 William Charles, Luetgert's s
business partner who had made untir-
! ing efforts for several hours to learn
| what action the jury had taken said ::
tn he ipf
| the jury may take. 1 have been told
| that the jury stands ten for acQuittal
| to two for conviction. have also been
told that the verdict is seven for con-
victiOn, four for acquittal and one not
voting No one outside the jury room
| knows what they are doing. but the
| fact that they are still arguing gives
US hope for an acquittai."
| Arnold Luetgert was not so confident
| as the chief counsel in his fathers case.
| He felt sure of a disagreement. however
and remarked with considerable earn
| estnesS: AS long as Juror Boyd the
| printer, hangs out, my father will never
| be convicted. I believe Boyd is one of
| the men who is holding the jury and
champions. AS long as he is with US
we have nothing to fear"
| The mOnOtOny of the weary waiting for
| the verdict was broken at noon by the
arrival at the court room of Judge Tut
| hill. He had been sent for by State s
Attorney Deneen. The states attOr-
/ neN SalQ JnAI SeNeTal OF InG jurors were
| complaining about the breakfast that
| had been served them and wanted to
| see if the judge could not guarantee
| better dinners. The judge did not call
court to order. but retired to his private
room where he had a consultation with
| Judge Vincent and the states attorney.
/ The Judge said he would inquire of the
Jury in a short time, if there was pros
pect OF a verdict being reached soon.
/ At it's conclusion Mr.. Deneen said it
| had been agreed to adjourn until 8
| o'clock. Judge Tuthill, it was announc-
| ed had fixed that hour as the time he
would return to the criminal court
| building. Bailif Connor. it was under
stood, brought to the judge the infOr-
nation that the jury had not agreed
| and that there was no prospects of a
! verdict today.
| Some of the jurors complained of the
food that was sent them this morning.
| Judge Tuthin remarked that under the
| old laws the jurors had to be satisfied
| with bread and water, but directed that
| q substantial dinner be served. He said
| if they did not agree this afternoon he
| would keep them out all night again.