Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-10-21
JURY COULD NOT AGREE
First Trial in the Luetgert Case Comes &c
an End.
NINE SAID GUILTY, THREE SAID NO.


Jail-JurOrs Express Thanks.
Criminal Court Building, Chicago,
Oct. 21.-As Adolph l.. Luetgert, who
has been on trial on the charge of
numbering his wife. and boiling her
body In vat, heard this morning from
the foreman of the twelve men who
have been considering his case for the
past siXty-six hours, the words, I'VE
are unable to agree upon a verdict"
he was imperturbable as ever, evincing
no joy. The wonderful nerve of the
defendant was with him to the end.
He stood up, and with only a good ma
tured smile on his swarthy face, shook
hands with his son Arnold, his counsel
and his business partner, VIM,
Charles, and in less than five minutes
was led back to jail, the jury was dis
missed and the great trial was over
The twelve men were divided as fol-
lows: For conviction and the death
penalty-Helckhold Boyd Bibby, Ma
honey, Behmiller, Hosmer. Shaw, Fran
zen and Fowler-g.
For acqulttal-Harley, Holabird and
Barriers.
AS the Jurors filed into court about
1910 they We're haggard looking set
Of men. Several of them We're coliarlcss
and the eyes of all were swollen and
red. The jurors took the seats they
had occupied daily for over two months
and waited for the appearance of the
central figure in the case and his law
yers. Judge Tuthlll sat on the bench
and gazed quietly at the worn-out
Jurors. The clock in the court room
licked Off five minutes and nothing &C.
CURED to disturb the quietude. Then
the door to Judge Tuthills private
chameb opened and States Attorney
Deneen, eX-Judge Vincent and Attor-
ney Phalen came out. They took their
accustomed seats at the table over
which they had argued so many sharp
questions Of law. soon Adolph l.. Luet-
CERT walked into court followed by
Il bnllin. Smiling and content, he
grasped the hand of VIM. Charles, as
he gained his seat shook it and
whispered a few words into his bust
ness partners ear. Then he sat down,
Judge Tuthill looked up at Bailiff Con-
nor and nodded. The gray-haired Gus
tudian raped sharply for order and
commanded silence.
Gentlemen, l have called you into
court to ask If you have reached a YER
dict" said Judge Tuthill.
Foreman Heickhold arose and re-
piled: Your honor, we have not"
rs there any prospect of you reach
ing one?" asked the court.
II don't think so. In fact, I know
there is not--at least that is firm be-
lief" responded the foreman.
How do you stand, numerically
mean, not individually" queried the
court.
I'VE stand nine for conviction to
three for acquittal," replied the fore
man. We have stood that way for
IS hours. There has not been soil
tary change in the vote during the 50
least possibility of an agreement"
What have you to say, Juror Bar
ber?" asked his honor.
I'VE can never reach verdict" re-
Piled the juror. Every point and
phase Of the evidence has been minute
US to agree"
what is your impression. Juror
Fowler" continued the court.
THE same as the others. We can
not agree" replied Fowler. I'VE have
discussed the case thoroughly and we
cannot reach verdict"
Judge Tuthill then called each of the
Jurors by name, and each responded in
the same manner. expressing the view
that II would be impossible for the
jury to agree. Juror Harley was the
last Juror called. He arose and replied
firmly and with emphasis: "I do not
believe we can agree upon a verdict"
81 viii ask the counsel for the prs-
oner what they think of the situation"
said Judge Tuthill.
EN-Judge Vincent arose and re-
marked; Your honor, / do not think
from what I have just listened to that
there is any possibility of verdict
being returned"
u am Of the very same opinion"
echoed Attorney Phalen.
"Luetgert, how does it impress you?"
asked Judge Tuthill.
The big fellow arose with a smile and
bowed awRwardly to the court II am
just of the opinion of my lawyers"
said he.
WHAT" exclaimed Judge Tuthill,
who had not caught the words.
leave 1t to my attorneys. I be-
lieve Just as they do l do not find a
verdict" responded Luetgert In a high
tone Of voice; then he sat down.
What do you think, Mr. Deneen,"
inquired the Judge, directing his gaze
towards the states attorney.
at appears from the consensus of
opinion expressed by the Jurors that
they cannot agree" replied Mr.. De-
neen. L uon l DelleNe tney would be
able to reach a verdict under the pres
ent expressed opinion of each of them
that a verdict is an impossiblity."
at seems so to the court" Then
turning to the Jurors the judge said
slowly: 1.-THE court has kept you here
an exceptionally long time because the
evidence was so Volumnous that |
wished to give you fun time to dis
cuss the matter among yourselves to
see II there could be any possibility OF
harmonlzng your views. II is very
much to be regretted that you are un-
able to agree. The case has been very
long and protracted. 1t is one of the
most important cases that has ever
been tried in this country, and | was
anxious that the jury might come to
some conclusion, but 1 am bound TO
accept the statement of the Jurors
made through your foreman and in
dividually by you, and the expression
of the defendant and his counsel and
the statement of the states attorney,
My own judgment concurs with all
and l think II is useless to keep you
any longer confined In this matter.
therefore enter an order for the dis
charge of this jury. The defendant
will be remanded. You win apply to
the clerk for your certificates"
A sigh of relief went up all over the
court room that the end had ut last
been reached. There was a rush on
the part of the newspaper men to get
out Of the building, and as soon as the
halliffs could restore quiet. Judge Tut
hill adjourned the court. The Jurors re-
turned TO their room and sent out word
to Judge Tuthill that they desired that