The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-20
Juror Harley Reported to Be Making
IL strong Fight Against Hanging
the Big Sausage Maker.
LUETGERT SURE OF FREEDOM
SAYS HE WON'T BE CONVICTED, AND
WILL GET OUT ON BAIL.
Scenes About the Jail and Courthouse
Frying Reporters with Telescopes
Bamed-AIIeged OHer of Brides.


CHICAGO, Oct. 19.-Another night of sus-
pense is ahead of the defendant in the
Luetgert case. At o'clock the jury had
gone to bed on cots which were placed in
the courtroom, and 1t was announced by
Judge Tuthill that even though by one
chance in million the jurors should wake
up and agree on a verdict there would be
no announcement and the courtroom would
under no circumstances be opened until 10
o'clock tomorrow morning.
A few minutes before clock Judge Tut
hill appeared at the Criminal Court build
ing. and, being admitted alone by the bail
ifs at the entrance, he passed quickly up
stairs giving positive orders that nobody
should be admitted to the building under
any circumstances. Within few minutes
after he had issued these instructions At
torney Phalen, the junior counsel for the
defense, put in an appearance and demand
ed admission. He was promptly refused,
and it took all his powers of persuasion and
argument to get past the guard at the
door.
Judge Tuthill went directly to the court
room, where he was told by the bailiffs in
charge of the jury that several Of the jury
men were almost exhausted by the ordeal
the last thirty hours. and that If they were
not allowed some rest 1t would certainly
result in some of them becoming i'll. The
jury also sent word that there was no inn
mediate prospect of an agreement, and, un-
Ger the circumstances, the judge gave orr
ders that they be permitted to drop the
case and go to sleep. The cots We're quick
ly dragged into the courtroom, and within
a few minutes every juror was stretched
out at full length. and all consideration of
the case was off until they should wake in
the morning.
Judge Tuthill after giving directions that
/. all things possible should be done for the
comfort of the jury, left the building for
his home. "They have not agreed as yet,r
he said when he left the courthouse, "and
when l became convinced that there was
little prospect of their doing so, and saw
how weary some of them were, told them
to go to sleep and try to agree in the morn
ing. There would be no use in keeping
them up all of the night, because in the first
place two or three Of them would in
short time be utterly incapacitated by fa-
tigue, and no agreement could ever be OBJ
tanned from men who are nervous from
loss of sleep and exhausted with argument.
When 1 came to the court tonight l had
but was anxious to do all could for the
comfort of the jurors. That was really the
cause of my visit to the building tonight.
There is of course, no likelihood that they
will wake up tonight and reach an agree
nent, and even if they should / shall not
come down to hear it before 10 o'clock to-
morrow morning There is no chance what
ever of any verdict being given by the jury
before that hour"
States Attorney Deneen remained in his
office until all hope of a verdict tonight
had been abandoned. and then he closed up
his rooms and went home. He is still hope-
ful of verdict, but naturally looks upon
a disagreement as the most likely outcome1
RUMORS AS TO THE JURY.
There were rumors of all kinds afloat dur
ing the evening, all of them being to the
effect that the friends of Luetgert on the
jury were weakening. 1t was known dur
ing the day that the vote stood eight To
four, and tonight the rumors were that It
was ten for the death penalty and two for
acquittaL A later story was that it stood
eleven for hanging and one for acquittaI.
Juror Harley is admitted to be the stout
friend Of Luetgert on the jury, and it is he
who is leading the fight for acquittal.
over in the Jail Luetgert was during the
evening anxiously awaiting word from the
jury room. He tried as usual to keep up
an appearance of indifference, and as usua,.
made failure of it. IF they don't agree
he said, i get bail and 1 will be out cf
this. 1 can give bail for million If they
want that much. My wife is living some
where, but l admit she is having lot OF
fun with me at present. There Is one thing
sure. the prisoner added, with great posi-
tiyeness there will be no conviction in this
case. 1t will either be an acquittal or a
disagreement"
Asked where he obtained his information
he smiled and said: "Oh know; you go
long. 1 won't be convicted, though, you
can bet on that"
The five hundred prisoners in the county
Jail evinced much the same spirit OF rest
lessness this morning that is noticeable on
the morning of the days when executions
occur in the jail. They were nervous and
demOnstrative. Crowds of Inorbidly curious
people who assembled on Dearborn avenue
as early as o'clock and gazed up at the
grated windows OF the Jail seemed to excite
the inmates. Yells and boots greeted the
crowd, and the jail corridors rang with
shouts among which was easily distinguish
able the words. Hang up Schaackl" This
outbreak referred TO Inspector Setback,
who had charge of the police and OF the
prosecution of Luetgert. Jailer Whitman
finally sent word to the corridor guards 10
inform the prisoners that if the demonstra-
ton did not cease all prisoners would be
punished by being kept in their cells the
entire day, with no opportunity for the ac-
eustomed exercise. The threat did not have
much effect. and it was some time before
the prisoners were quieted.
DISAGREEMENT PROBABLE.
At 10 o'clock tonight the Criminal Court
building was dark as a pocket The crowd
which had hung around its entrance during
- nRunnH