The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-20

tne jury is out makes ~ better Tor me,
But you can't tell what Jury will do
after all, concluded the prisoner, after
a pause
States Attorney Deneen spent the
night after the adJournment OF court at a
hotel In the nelghborh0od. He was much
improved physically this morning by the
rest he had secured, II am still conf
dent that the jury viii return a verdict
OF guilty and that the punishment will
be the greatest known TO the law" said
the states attorney soon after he reach
ed his office. "There was a vast amount
OF evidence and many things for the jury
10 take into consideration and an imme-
dlate verdict in such a case could not
reasonably be expected"
Neither Of Luetgerts counsel was to be
seen around the criminal court building
in the early morning hours.
Five minutes before the time set for
the opening OF court the crowd was in
marked contrast TO that of yesterday,
Instead OF the pushing. nervous thrOng
which packed the room yesterday and
late into the night about twenty-five
people, mostly lawyers, newspaper men
and those Interested in the trial were
present. The rows of benches which on
yesterday were graced by many women
in matinee costumes, were empty. The
strict orders given regarding the admis-
sion OF people were well carried out and
but few gained access to the building.
Outside the court the street facinE II
was we'll filed with an orderly throng
waiting patiently for a verdict. The
gathering was small compared with last
nights crowd, which jammed the street
and sent up noises uf all descriptions.
One by one the counsel In the case ar
rived at the court room. Mr.. Deneen,
fresh and confident, came In with bis
assistant, Mr., McEwen. They had
hardly taken their seats when Judge
Vincent, urbane and bowling to his
friends, entered, followed by his ner-
vous assistant, Mr.. Phalen
COURT AND COUNSEL CONFER.
The monotony of the weary waiting
for the verdict was broken at noon by
the arrival at the court room of Judge
Tuthlll. He had been sent for by
States Attorney Deneen The states
attorney said that several OF the 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 consultation with
Judge Vincent and the states attorney.
The Judge said he would inquire OF the
jury In short time II there was any
prospect Of a verdict being reached
soon.
There was considerable commotion in
the court room when Judge TIthill ar
rived, as the report became current that
a verdict had been reached. The con-
sultatlon in the judges room lasted
some time.
At Its conclusion Mr.. Deneen said It
had been agreed to adjourn until
o'clock. Judge Tuthill. It was an
nounced, had fixed that hour as the
time he would return to the criminal
court building. Balllff Connor, 1t was
understood, brought TO the Judge the
information that the jury had not
agreed and that there were no prospects
of verdict to-day. Some OF the Jurors
complained Of the food that was sent
them this morning. Judge Tuthill re-
marked that under the old law jurors
had to be satisfied with bread and
water, but he directed that good sub
stantial dinner be served them. He
said II they did not agree this afternoon
he would keep them out all night,
HOW THE JURY STANDS.
At 100 o'clock this afternoon States
Attorney Deneen informed the Assocl-
ated Press that the latest and best In
formation he had on the attitude Of the
Jury was that eight stood for convlc-
ton and the lnflictlon Of the death PEN
atty and that four were holding out for
acquittal. Those voting for the death
penalty on the six different ballots are:
Boyd, Heickhold. BibtIy, Mahoney.
Hosmer. Shaw, Franzen and Fowler.
The four favor1ng acquittal are: Bar
ber, Harley, Holablrd and Behmiller.
The Jurors in addition to n special
dinner ordered, asked Judge Tuthill
through the baillff II he would not al
low them n box OF cigars. The judge
studied a moment or two and then good
naturedly ordered that the weeds be
sent In along with the dinner.
1t is now almost certain that II the
jury Is unable to agree by o'clock they
will spend the night of their imprison-
ment in the big court room instead Of
In the room set apart for them.
Several OF the Jurors were so over
come with fatigue by noon to-day that
they could scarcely keep their eyes
NIltll hullllk Allt IlOlllllBs lNg ANlll-
planned OF the cramped condition OF the
little Jury room. It was intimated to
the court that II they could be allowed
more ample quarters and a little rest
after dinner they would feel more like
discussing their verdict.
Again when this information was con-
veyed to him. Judge Tuthlll pondered.
He decided to do everything In his
power to accommodate the twelve men
and ordered a dozen cots sent over to
the criminal court building from the
Revere house opposite. These cots Will
be brought In toward evening n no ver-
dict IL reached by that timc, and will be
placed In the big court room In which
the trial has been going on for nearly
nine weeks
II was also decided to permit the ju-
rOrg to remove their clothing and get n
few hours sleep and rest, after which
II was believed they would all be In a
better condition and frame Of mind to
reach conclusion on the evidence,
CONFIDENT OF ACQUITTAL.
Attorney Phalen was confident that
the jury would disagree. ~ predicted
carly this morning that disagreement
would be the result aud / firmly believe
now my prediction VIII be verified, was
his comment. "rhe longer the Jury IN
out. thu stronger my theory becomes.
II shows the jury Is unable to agree."
lGX.Judgc Vincent was Btlll confident
OF ncqulttal. He and Arnold Luetgert,
The prisoners son by his FIRST wife, held
a long private consultation In n corner
Of the court room AZ ltB conclusion
Luctgcrra chief counsel snld' ~ have
not changed my mind rs 10 the ultl-
mato ronult / believe the verdict VIII
be- not guilty. There In reasonable
doubt In this case and the Jury under
lta bath must give the prisoner the full
hcnoGt Of H. There IN much to be- con-