The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-10-22

would end the agony by o'clock this
| evening by discharging the jury IL they
| did not arrive at a verdict some time
during the day.
By that time the record of jury work
| By the twelve men in the first Cronin
trial-72 hours-would have been reach
ed and IT was the impression that the
court would al that time decide to call
the present occupants Of the jury room
| into court and, finding that they are IN
able to agree, discharge them
! Colonel Common, Judge Tuthill's per-
sonal bailiff, reached the criminal court
building az o'clock. and relieved Bail
| if Douglass, who had been on duty all
| night.
Judge Tuthin will not come to the
criminal court building until late this
afternoon, unless ne is called for soon
err said Colonel Connor-
| Bailiff Douglass shook his head when
asked fthe Jurors evinced and DISPOSE
ton to resume the effort TO reach a YER
dict this morning.
''Thzy are a pretty tired looking body
Of men this morning" said he There
is absolutely no change in the situa-
ton. The jury is in the same position
as it was yesterday morning, so far as
I am able 10 Judge"
Juror John e Fowler, Jr., was suffer
ing slightly from nauseau this morning.
Lack of exercise in the open air gave
aim indigestion and caused a little in
disposition. Twice during the long trial
he was sim ;larily affected and upon one
occasion an adjournment for a day had
to be taken to permit him 10 recover.
OVER IN THE JAIL.
Luetgerr was astir in the county jail
early again as usual. He was allowed
his morning exercise alone in the CORR
dor Of the third tier OF cells, and as ne
walked, he puffed at a black cigar, as
is his habit. The big sausage maker
looked well. He had apparently enjoyed
a good nights rest, but ne was not in
the best Of humor.
Il have nothing TO say 10 reporters or
anybody else he responded sharly to
a question as he made turn in his
plodding promenade OF the Jail corridors.
What is the use Of talking all the time,
anyway. Reporters bother the life al
most out OF me-
Then he strobe away, his big feet
and heavy shoes making the tile floor
of the corridor ring with the force Of
weight put into the stride. When ne
reached his own cell door-which was
the only one open on the tier-Luetgert
stopped and began speaking in German
to his cellmate, Mic Marzen, another
German butcher, who is under sentence
of death for murder, but whose case is
now pending in the supreme court on
motion for new trial.
THE ATTORNEYS APPEAR.
= Judge Vincent and his assistant, At
torney Phalen, mingled with the barred
out crowd on the third floor Of the build
ing at 10 o'clock, anxious for news from
the jury. States Attorney Deneen ar
rived in his Office few minutes before
that hour He was not expecting Judge
Tuthill, but shortly afterwards that gen.
tleman entered his Office unannounced.
The judge was not sent 70 rand his trip
to the building was, it is believed, mere
ly for information. After few minutes
conversation with Mr.. Deneen, Judge
Tuthill came up stairs and alone enter
ed mis- court room at 1915.
EX-Judge Vincent and Attorney Pha- |
len, Luetgert's counsel, were both con-
fdent of the ultimate acquittal OF their
client. They were absolutely certain !
that the worst that could happen him /
would be a disagreement OF the jury.
''If Judge Tuthill should force the |
jury to a verdict of conviction by keep |
ing the Jurors out until Saturday or |
Sunday, would such a verdict stand on |
an appeal to the supreme court?" ex-
Judge Vincentwas asked.
THAT is a question that cannot be an
swered with any degree of certainty"
said Luetgerts chief counsel. such a
verdict would be looked upon With sus-
picion. 1t would be forcing men to an
act, some of them, perhaps against their
will. The power of the court as TO keep
The jury must stay out as long as the
presiding judge desires. The matter. un-
der the law, is wholly discretionary with
the court"
CHANGE IN SENTIMENT.
William Charles, Luetgert's business
partner, was positive in his belief this
that a disagreement would De
the final result.
"or over an hour yestrday / discussed
ways and means with Luetgert for
lew trial." said Charles. Sentiment
las changed in the neighborhood Of Luet-
sert's home. People who were against
him, are now incline to believe him in
locent. They reasn that if jury, after
rearing all the evidence, cannot agree,
people who hear only one side Of the
story should not be TOO willing 10 con-
,emn a man. Members OF the German
Baptist Church in Lakeview. where Luet-
,eTt's children attend Sunday School.
rave expressed 10 me the belief within
he past twenty-four hours that LuetgerI
: an innocent and prosecuted man ana
hey are wing 10 contribute 10 a fund 70
,ay the expenses of q second trail"
Judge TuihiH sent fo- States Attorney
)sneen son after he got inside his court
ON and after a brief consultation the
states attorney sent MS private secre-
airy in quest OF ex-Jcdge Vincent and
Attorney Phalen who were waiting in the
orridors outside OF the judges court.
Z vas announced by States Attorney
)eneen nat Judge Tuthin had decided 10
end for Foreman Heickhoii OF the jury
nd enquire il there was any possibility |
f verdict being reached today.
TUTHILL'S CAUTION.
Judge Tuthin vii not enter the jury
oom 10 make this inquiry himself. al
hough he has a perfect right to DO 90" /
al States Attorney. ''SHch things are
one often. both in the criminal and civil
oarts, but his honor does not care 70
xclte any hostile criticism and ne nas
ecided 10 have The inquiry made IN open
ourt with she counsel for the defendant