Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-10-21

ity have argued since the beginning
that there is an element of doubt in
the case. The corpus deficit was not
established with sufficient directness
to convince them that Mrs. Luetgert
is dead Therefore they contend that
if they possess doubt they are in
duty bound, under the instructions of
the court, to give Luetgert the benefit
of it. For that reason alone, it is said,
these jurors have cast their votes for
an acquittal. Juror Harley is Ger
man and it is said that he sympathizes
with Luetgert on the score OF nation
atty. Harley was oTce indicted in
the Criminal Court in connection with
the County Commissioners Doodle
scandal OF ten years ago. He was new
er tried, the case being dismissed by
eX-Judge Longenecker, who was then
States Attorney. States Attorney
Deneen is free to confess that had he
known Harley's record with reference
to the Doodle scandal of the county
board Harley would never have been
permitted to serve on the jury.
Juror Behmiller is butcher by Oc-
cupation and keeps a meat market at
Desplaines, suburban town. At one
time he was a customer of Luetgert's
and purchased sausage from him.
This fact was known, but Behmiller
answered with apparent firmness that
the business relations he had sustain
ed with the prisoner would in no wise
affect his judgment in the trial of the
case. The prosecution is now conyinc-
ed that the matter of securing jury
to try the case was pushed along too
vigorously. Only one week was re-
quired. At the time the matter of
getting the jury was under way it was
thought the case would not take over
three weeks in its trial. The magni-
tude and Importance Of the great case
was not fully realized
Judge Tuthill appeared at the Grim
inal Court building at few minutes
after 10 o'clock and after the door Of
the court room was opened for him
about a dozen reporters lodged in. Be-
fore the bailiffs could close the do II
a half hundred men made rush for
the room. The judge Immediately .e-
tired to his private chamber, but none
of the lawyers followed him.
1t was the general impression that the
judge would bring the jury into the
court room and inquire of them the
prospect of agreeing on a verdict CT
whether they desired any further iafor-
nation or instruction.
Judge Tuthill called the jury into
court at 1920 a. m. From neighbor-
ing window Juror Harley was seen
shaking hands with the other jurors,
and it was believed that verdict had
been reached.
Ten minutes later the judge sent f)r
the prisoner and Luetgert was taken mp
the back elevator in the building and
into court
A few minutes after the jury came
into the court room States Attorney
Deneen and Attorneys Vincent and
Phalen pushed their way through the
crowd and were admitted to the court
Luetgert was returned to the Jail a
few minutes after II o'clock. AS he
passed down the corridor to his cell
he was piled with questions from a
dozen reporters. His demeanor implied
that he had heard nothing bad. "They
didn't do anything in there" he said.
"They sent for me and said l had to
be in court when anything Of the kind
went on. l went in, but they didn't
do thing. 1t is a disagreement, sure, y
said the prisoner as he walked springily
into his CELL The jury was detained
for some time after the prisoner was
returned to Jail.
1t is rumored that Judge Tuthill this
morning opened three. letters offering
brides to the jury. This report cannot be
verified, as the judge and those connected
with the trial are absolutely inaccessible.
The star chamber conference in the
court room was sought by the members
of the jury. States Attorney Deneen gave
the facts to the Associated Press: Il had
barely reached my office this morning"
said Mr.. Deneen, when l was informed
my presence was desired in the court
room, and that the Leutgert jury had a
report or something Of that nature to
make to the judge. Judge Tuthill, ex-
Judge Vincent and Attorney Phalen had
been notified and were in the court room
when l reached it. Leutgert was sent for
and came into court cool and smiling.
Then the jury was brought in. 1t was APP
parent at once who had been holding the
jury. Judge Tuthill inquired if the jury
had any communication to make. Juror
Hartley was on his feet in a jiffy and be-
gan asking questions. He desired instruc-
tons on questions of fact. Hartley want
ed to know if it was possible to leave
out certain evidence and make a verdict
upon it. The query excited the laughter
of those who were opposed to Harley, and
it was noticeable that nine of the jurors
laughed.
Judge Tuthill 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
reasonable doubt etc. That should be
sufficient. The court cannot not instruct
you upon a question of fact. You will re-
turn to your jury room and return to
further consideration of the case"
That was all that occurred.
During all the long trial States At
torney 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 conduct
ed all the preliminary proceedings in
the case. When Luetgert walked into
Judge Tuthill's court room this morn
ing he believed a verdict had been
reached. He also believed he had been
acquitted With a smile on his face he
walked up to ex-Judge Vincent and At
torney Phalen and warmly shook each