The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-10-21
VERDICT STILL IN DOUBT.
Jury IN the Luetqert Murder Case
Unable to Harmouizs.
A DISAGREEMENT IS NOW CERTAIN,
Majority Favors Hanging, hut an
Immovable Minority Will Save
the Prisoners Neck.

from the OHtce OIL otdte AttOahcy Do0heH
that there would be no announcement Of
a verdict In the Luetgert case before the
opening OF court tomorrow
For a time tonight there was rumor
that II the jury had not agreed by tomor-
row It would be discharged a. soon as 1t
reports it's inability to reach verdict.
This. however, is not the case. 1t h the
Arm determination of Judge Tuthlll to
keep the jury until Saturday night or as
late as Sunday afternoon before he permits
them to 60 with disagreement. He has
announced that both State and defendant
have spent so much money and time and
the case has been so long and difficult to
try that he will not consent to the dis
charge of the jury until there is absolutely
no hope whatever Of verdict being
reached.
The jury stands about where 1t stood
twenty four hours ago. Reports from the
foreman show that nine favor the death
penalty and three are for acquittal. The
one Juror holding out for Luetgert Is Har-
ley and it Is thought II he would change
front there would be little time lost In
arriving at verdict. Juror Holabird is
also credited with favoring the acquittal
OF the prisoner but II Is thought he will
come around quickly IL Harley could be
induced to vote for conviction. The feel
ing among the jurors who are in favor Of
the death penalty is high against Harley
and they have done some very plain talk
ing to him. At one time this morning
they even sent for Judge Tuthili to know,
among other things. II eleven
men could compel one man to vote with
them, or II a verdict would be valid II
but eleven men signed 1t. This is the in
cident that gave to the State the idea that
there was but one man standing between
Luetgert and a death sentence.
Chicago, October 0.-Refreshing slum-
bers put the jurors in the famous Luet-
CERT case in better spirits and good humor.
and this morning the majority Of them
were more active than en- yesterday. Most
Of the jurors slept twelve hours. After
being out forty hours the twelve men
stood: For conviction and the death penal
ty-Boyd, Heickheld. Bby, Mahoney. Hos
quittal-Barber, Holabird, Harley and Ben
miller.
Juror Harley is German and the claim
is made that he sympathizes with Luet-
CERT on the score Of his nationality Har-
ley was once indicted in the criminal court
in connection with the county commits
sicners Doodle scandal of ten years Ego.
He was never tried, the case being dis
missed by ex-Judge Longnecker, who was
then States attorney.
The States attorney 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 Behmiler is a butcher nv occu-
patton and keeps a meat market at Des-
PLANES, suburban town. At one time
he was a customer Of Luetgert and pur-
chased sausages from him. This fact was
known, but Behmiller answered with an
parent frankness that the business rela
lions he had sustained with The prisoner
would in nowise affect his judgment In the
trial OF the case.
The prosecution is now convinced that
the matter of procuring Jury TO try the
noted case was pushed along too vlgor-
ously Only one week was required. The
magnitude and Importance Of the great
case was not fully realized.
Judge Tuthill appeared at the criminal
court building at a few minutes after
10 o'clock. He called tue jury into court
at 1880 a. m. From u neighborlng win
dow Juror Harley was seen shaking hands
with the other juro's and 1t was believed
that verdict had :,en reached. Ten
minutes later the Judge sent for the prls
oner ana Luetgert was taken up the
back elevator in the building Into court.
few minutes after the jury came into
the room States Attorney Oeena, and
Attorneys Vincent aud phalen hurriedly
pushed their way through the crowd and
were admitted to the court room. I.uetlert
was returned 10 the Jail few minutes
after IL o'clock. As Re passed. down the
corridor to his cell he was pliei with
questions from dozen reporters. Ills de-
meanor implied that re had heard nothing
bad
They did not do anything" he said. II
went in at the judges order, but they did
nothing. A disagreement is sure" said the
noted prisoner.
Tho jury was detained for some time AZ
ter the prisoner was returned to fail.
Tho star chamber conference in the
court room was sought by the members OF
me jury. States Attorney Deenan gave
these facts to the Associated Press:
i had barely reached the office this
morning, said Mr.. Deenan, when wss
informed that my presence was desired in
the court room and that the Luetgert fury
mad report or something OF that nature to
make to Judge Tuthill. Judge Tuthill. ex-
Judge vincent and Attorney Phalen had
peen notified and were In the court room
when ! reached 1t. Luetgert was sent for
and came into court cool and smiling.
Then tho jury was brought In. 1t was an
parent at once who had been holding the
,ury,' continued he. Judge Tuthill in
rQ1 ~ q No - n