The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-22

TESTIFIES.
The Sausage Maker Under Oath After
His Jury DiSagreeS.
SOLEMHLY ASSERTS INNOCENCE
The Expensive Trial Will Now Have to Be
Gone All over Again-Luetgerts
Counsel viii Urge His Ad-
mission to Bail

Chicago, oct. 22-The jury in the
! Luetgert trial came into court yester-
day and reported their inability to
agree, after having been out SS hours,
and were promptly discharged. The
| jury stood as follows: For conviction
and the death penalty: Heickhold,
Body, Bibby, Mahoney, Behmiller Hos
mer, Shaw, Franzen and Fowler. For
acquittal; Harley, Holabird and Barber.
Standing last night in the gloomy
jail adjoining the grim looking grey
stone court building in which his re-
markable trial had at last been brought
to a finish the burly sausage manu-
facturer capped the climax Of the ex-
| traordinary series Of events which be-
gan with his sensational bankruptcy
and the alleged frightful diabolism Of
boiling his wife to death at midnight
in a vat in his factory cellar. Luet-
CERT made, under oath, a statement for
the press concerning the fearful crime
charged against him, the first sworn
| statement yet made by him. The affi-
davit was put in writing in due legal
form and is certified to by a notary.
Ex-Judge William A. Vincent, the
leading counsel for the defendant in
this celebrated case, the man to whose
brains, skill and energy Luetgert be-
yond all doubt owes his great legal
victory, gave consent to the affidavit
being made.
The scene in the Jail when Luet-
gert took the oath was as dramatic as
the circumstance was unique. In the
dimly lighted Jail corridor Luetgert,
standing erect and grasping the iron
bars that still kept him from liberty,
lifted his right hand and solemnly
assented as the notary administered
the binding form. Luetgert made the
affidavit without hesitation and signed
1t In ink with the hand that is al
legged to have committed one of the
most fiendish crimes on record.
The affidavit explicitly declares Luet-
gert's innocence. The document In full
is as follows:
1.-THE result of my trial, ending today.
is victory for me because of the dis
agreement of the jury, but 1 am very
much disappointed and very much sur
prised that the jury did not bring in
verdict of not guilty. ] did not kill my
wife, and do not know where she is,
but am sure that it is only a question
OF time until she comes home 1 did
not go upon the witness stand because
my lawyer, Judge Vincent, was Bit
terly opposed to my doing so and be-
cause he advised me it was not neces-
sary. I am grateful for the tremndous
change in public sentiment in my
favor, and time win demonstrate that
am not only an innocent but a very
grievously wronged man"
Yesterday afternoon counsel for Luet-
CERT gave States Attorney Deneen no.
tice that they would today make formal
application before Judge Tuthil for
the admission of the prisoner to bail,
Judge Tuthill will be asked to fix the
amount Of bail at $15,OOO but Luetgert
will enter court prepared to give bonds
of 100000 If necessary. States Attor-
ney Deneen was not prepared to say
whether or not he would resist the ap-
plication. The admission of the pris-
oner to bail is discretionary with the
court" he said. after the applica-
tion is made in court I may express
my views upon the matter If the court
desires to hear them"
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
rear entrance to the Jail yard. The
Jurors left in squads of four. 1t was
reluctantly admitted by several of
them that the disagreement was brought
about by a wide difference of opinion
regarding the rings found in the vat,
the testimony Of Emma and Gottlieba
Schimpke and the testimony of Ken
osha witnesses, who positively testi-
fed that they saw Mrs. Louise Luet-
CERT alive in the Wisconsin town on
May 3, 4 and 5. Juror Harley did not
believe the rings found in the middle
vat Of Luetgert's factory were Mrs. =
Luetgert's rings. Holabird was in
clined to believe the story Of the Ken
osha witnesses, despite the impeachv
ing evidence introduced, and Barber
would not believe the strong evidence
given by the Schimpke sisters.
The other nine jurors reached an
agreement on the evidence shortly after
noon Tuesday and voted together solid
ly from time to the close. Altogether
over 30 ballots We're taken It is said.
For his services each Of the Jurors drew
SIG. During the eight weeks and five
days service each Of the jurors had
made four demands for money, and
yesterday checks for S36 each We're
handed to them in final payment
II is quite probable that some prose-
cutions for perjury win result from the
Luetgert case. While the states at
torney refused to affirm or deny this.
Il Is given on first class authority that |