Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-10-20
his walk, seemingly in fairly good
spirits.

while. l believe / will be acquitted.
Every hour the jury is out makes it
better for me. But you can't tell what
jury will do after ALL concluded the
prisoner after a pause
States Attorney Deneen spent the
night at hotel in the neighborhood.
He was much improved physically this
morning by the rest he had secured.
Il ann still confident that the jury will
return verdict of guilty and that the
punishment will be the greatest known
to the law" said the States Attorney
soon after he reached his Office. There
was vast amount of evidence and
many things for the jury to take into
consideration and an immediate verdict
in such case could net reasonably be
expected"
One by one the counsel in the case
arrived at the court room. MIR. Deneen
came in with his assistant, Mr.. Nc
Even. They had hardly taken their
seats when Judge Vincent, urbane and
bowling to his friends, entered, follow
ed by his nervous assistant, Mr.. Phalen.
The hands of the clock pointed to $50
and there was nc sign of Judge Tuthill.
Fifteen minutes sped quickly and still
no sign of the courts appearance greet
ed the anxious audience.
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.
Shortly after ten o'clock a bailiff
came from the jury room and Sc
cured from the clerk an envelope and
blank form of verdict. 1t was sup
posed by way of explanation of this
that the jurors had destroyed one of
the forms of verdict read to them
yesterday by Judge Tuthill and taken
with them to the jury room. A ru-
NOR was in circulation that a verdict
was signed, but that afterward one or
two of the jurors changed their minds,
so the document was torn to pieces.
Despite the fact that Sheriff Pease
gave orders that women be excluded
from the court room, a number secur-
ed admission. The principal reason
for the exclusion of the fair sex was a
| desire to prevent a repetition of Satur-
days hysterical scene, should verdict
be reached. The court room, which
had been nearly empty during the ear
ly hours. began to fill up toward mid
day. Many notable men crowded their
way into the court room and remained
some time in the hope of hearing the
verdict.
At Ills William Charles. Luetgert's
business partner, who had been max
ing untiring efforts for several hours
to learn what action the jury had
taken, said: at is all guess work as
to the verdict of the jury yet. | have
been told that the jury stands ten for
acquittal and two for conviction. I
have also been told that the vote is
seven for conviction, four for acquit-
tai, and one not voting. No one out
side the jury room knows what they
are doing. But the fact that they are
still arguing gives us hope for an ac-
quittal"
Arnold Luetgert remarked with con-
siderable earneStneSS: LAS long as
Juror Boyd, the printer, hangs out my
father will never be convicted. | be-
lieve Boyd is one of the men who is
holding the jury and that he is one of
fathers strongest 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
Tuthill. 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 want
ed to see if the judge could not guaran-
tee better dinners.
At 100 o'clock this afternoon
States Attorney Deneen informed the
Associated Press that the latest and
best information he had on the atti-
tude of the jury was that eight stood
for conviction and the infliction CT the
death penalty, and that four were hold
ing out for acquittal. Those voting
for the death penalty on the six differ
ent ballots are: Boyd, Heickhold,
Bibby. Mahoney, Hcsmer, Shaw, Fran
zen and Fowler.
Barber. Harley, Holabird and Behmil-
Ter.
The jurors, in addition to a special
dinner order, asked Judge Tuthill,
through the bailiff. if he would not al
low them box of cigars. The judge
studied moment or two, and then
good-naturedly ordered that the weeds
be sent in along with the dinner.
1T Is now almost certain LlaL the
jury is unable to agree. BY o'clock
they will spend the second night of
their Imprisonment 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
open during the morning. They COM
p'ainsd Of the cramped conditio Of the
little jury room. 1t was intimated to
the court that if they could be allowed
more ample quarters and little rest
after dinner. they would feel more like
discussing their verdict.
Again when this information was
conveyed to him, Judge Tuthill pom
dered. He decided to do everything in
his power to accommodate the twelve
men and ordered dozen cots sent
over to the Criminal Court building
from the Revere House, opposite.
These cots will be brought in towards
evening if no verdict is reached by
that time, and will be placed in the
big court room in which the trial has
been going on for nearly nine weeks
1t was also decided to permit the
jurors to remove their clothing and
get a few hours sleep and rest. after
which it was believed they would all
be in better condition and frame of
mind to reach conclusion on the