The record-union., 1897-10-22

said slowly: The court has kept you
here a long time, because the evidence
was so voluminous and so much de-
tailed that it wished to give you full
time to discuss it in all it's aspects, and
to give you time to discuss the matter
among yourselves, to see If there could
be any possibility of harmonizing your
views. It is very much to be regret
ted that you are unable to agree. The
case has been very long and protracted.
1t is one of the most important cases
that has ever been tried in this coun-
try, and I was anxious that the jury
might come to some conclusion, but l
am bound to accept the statement OF
the jurors, made through your foreman
and individually by you, and the ex-
preston Of the defendant and his coun-
sci, and the States Attorney also, who
has given serious consideration. My
own judgment, indeed, concurs with all,
and think it useless to keep you long
er confined in this matter I therefore
enter an order for the discharge of this
jury. The defendant will be remand
ed. You will apply to the Clerk for
your certificates
A sigh of relief went up all over the
reached. There was rush on the part
of the newspapermen to get out of the
building. AS soon as the bailiffs could
restore quiet Judge Tuthill adjourned
the court.
The jurors returned to their room, and
sent out word to Judge Tuthill that
they desired that he remain in court
few minutes, as they wished to sub
LOTT
the jurors filed back into court, and
Foreman Heickhold handed the follow
ing to Clerk Knoch, who, by the order
of the court, read it aloud:
eve, the jury in the case of the Peo-
pie of the State of Illinois versus A. L.
Luetgert, tender to the presiding Judge,
the Hon. Richard S. Tuthill, and the
brilliant States Attorney, Charles H.
Deenen, and his brilliant assistant, w.
| M. McEwan, as we'll as the attorneys
for the defense, our most heartfelt
| thanks for the very kind treatment we
have received at their hands, and do
not hesitate to state were it not for the
| way in which they have attended to our
| personal comfort, as well as to our san
| itary condition, the hardship would
have been very great.
''As to the trial, we wish to state that
while the evidence was such that we
were unable to agree upon verdict,
one thing we agree about and that is
that the circumstances were such that
the police had ample reason to prose-
cute on the showing without hearing
| the defense, and we commend them
for having done their duty in this case.
Foreman Heickhold and balance of the
! jury
The jurors We're evidently of the opin-
ion that this statement was enough to
give the public at this time. Declining
| to be interviewed, they passed through
the courtroom and took the freight ele-
vator to State Attorney Deenen's room.
Here they We're given their vouchers
! for the long service.
yes, sir, we will try it again." said
States Attorney Deneen when asked as
to the probability of Luetgert being
| brought before the court a second time.
when we will get at it, however, is
something / cannot tell you now. We
have had nine weeks of this, and I
must have a couple of weeks rest. Af-
ter that we will look the ground over,
| and get our evidence together. The
case stands now with US as though
| there had never been a trial. The sec
ond trial has no bearing whatever on
the ease just closed
"Will you oppose motion to admit
Luetgert to bail?" Mr.. Den.en was
asked
THAT is something I cannot answer.
It is immature, and 1 have not consid-
cred it''
When the order of Judge Tlthill dis
charging the jury was made, Luetgert
stood up with a smile on his face and
nodded to the jurors. He was cool and
collected. William Charles. Arnold
Luetgert, Luetgert's counsel, and
friends of the giant sausage maker,
crowded around him and shook his ex-
tended hands. Luetgert's eyes spark
led, but he did not say much. A bailiff
tapped the prisoner on the shoulder
and motioned him to follow. Luetgert
walked to his cell with a light step and
in a happy frame of mind, despite the
fact that he remarked to the Jail
guard: ''They ought to have acquitted
me. Their action showed doubt, and
! the court told them l was entitled to
all doubt
For the first time since the beginning
| of the trial not a woman was in the
court room when the jury was dis
! charged. There was no demonstration
of approval or disapproval. An array
Of newspaper men, artists, court at
taches, lawyers and limited number
of spectators saw the final close of one
of the greatest criminal trials in his
| tory, one which stands alone as hav-
ing been fought out solely and purely
on circumstantiaI evidence. Not a
line of direct evidence was heard dur
| ing the entire trial.
At 1 o'clock this afternoon counsel for
Lretgert gave States Attorney Deneen
notice that they would tomorrow at 10
o'clock make formal application before
Judge TuthilI for the admission of the
prisoner to bail. Judge Tuthill will be
| asked to fix the amount Of bail at
$1,000, but Luetgert will enter court
prepared to furnish bonds of $4,000, il
| necessary.
States Attorney Deneen was not pre-
| pared to say whether or not he would
| resist the application. THE admission
of a prisoner to bail is discretionary
with the court" he said After the
application is made in court, I may ex-
press my views upon the matter, if the
court desires to hear me-.
When the jurors had received their
vouchers they were taken down to the
basement in an elevator. and left the
Criminal Court building by way Of a
rear entrance to the Jail yard The ju-
rors left in squads of four. They did