Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-21
STILL NO VERDICT.
JURORS IN THE LUETGERT CASE
HAVE NOT AGREED YET.
ONE INSISTS ON ACQUITTAL
IF HE WOULD YIELD A VERDICT
WOULD SOON BE REACHED.
Judge TuthiII Determined to Keep
the Jury Out Until Saturday I'm
less There Is IN Agreement
SOOncr-TrOublcs of
Reporters.

Chicago. Oct. 2O--At $50 tonight it was
announced from the office of States Attor-
n.y Deneen that there would be no an
nouncement of. verdict in the Luetgcrt
case before the opening of court tomorrow
morning. Judge Tuthill went home early
in the evening, leaving matters with States
Attorney Dencen. who was to send him
word in case a verdict should be reached
during the early part of the evening. The
attorneys for the defense also left matters
with Mr.. Deneen, and went home to await
any word that might come from the jury
room. Attorney Phalen. the junior counsel
for the defense. was around the states at
torney's office for a short time, and then
took his departure. He made call on the
states attorney, and, pokins his head in
side the door, queried briefly, Anything
new?''
Nothing" said Mr.. Deneen with weary
smile, which Mr.. Phaien returned as he
hurried out the doorway.
States Attorney Deneen, pale-faced and
red-eyed from lack of sleep, sat In his office
until $50, and then he announced that he
would wait no longer, and gave orders that
his office be closed
Il shall wait no longer" he said. land
there is no need of anybody waiting after
the attorneys for the defense to remain
here until $50 to receive the announce
ment of a verdict should one be reached.
1t was understood that if the jury did not
send word of Il verdict by $50 the building
should be closed and everything should go
over until $50 tomorrow morning. No
word has come, and if the jury does arrive
at verdict it will not be heard and no
announcement of the verdict being reached
will be sent out from the juryroom. There
is absolutely no chance now of anything
being heard from the twelve men before
tomorrow morning at the earliest
For Il time tonight it was rumored that If
the jury had not agreed by tomorrow 1t
would be discharged as soon as it reports
its inability to reach u verdict. This, how
ever. is not the case. 1t is the firm deter
mination of Judge Tuthill to keep the jury
until Saturday night or late Saturday aft
ernoon before he permits them to go with
out disagreement. He has announced
that both state and defendant have spent
much money and time, and the case has
been SO long and difficult TO try, that he
Will not consent to the discharge of the
jury until there is absolutely no hope what
ever of verdict being reached.
The jury stands about where it stood
twenty-four hours ago. Reports vary from
nine for the death penalty and three for
acquittal.. The one juror holding out for
Luetgert is Harley, and it is thought that
if he would change front there would be
little time lost in arriving at Il verdict.
Juror Holabird is also credited with favor
ing the acquittal of the prisoner, but it is
thought he would come around quickly if
Harley could be induced to vote for con-
viction.
The feeling among the jurors who are in
Harley, and they have done some very
morning they even sent for Judge Tuthill
to know. among other things, If eleven
men could compel one man to vote with
them, or II a verdict would be valid if but
eleven men signed it. This is the incident
that gave to the state the idea that there
was but one man standing between Luet-
CERT and death sentence.
Juror Harley is a German, and the claim
is made that he sympathlzes with Luetgert
on the score. of nationality. Harley was
once indicted in the criminal court in con-
nection with the county commissioners
Doodle scandal of ten years ago. He was
never tried, the case being dismissed by ex-
Judge LongeEecker, who was then states
attorney. States Attorney Deneen is free
to confess that had he known HarleyS
record with reference TO the Doodle scan
dal of the county board, Harley would
never have been permitted to serve on the
jury.
Chicago reporters are having n hard time
getting information about the doings of
the Luetsert jury. About every paper in
town has rented one or more rooms on the
upper floors of the Reve house, which
faces the criminal court building, and look
into the room where the trial took place.
The reporters stationed in these rooms
have powerful field glasses and can see in
to the court room when the jury is present.
provided the window curtains are up. The
| court officials, however, created havoc to-
| day by pullng down the curtains
| They did this at the time the jury came
| in "a consult Judge Tuthili about some
| point that had been raised during the dis
| cussion in their room. The room in which
| the jurors deiberated is on the north side
| of the building, its windows facing the
cell house of the county jail. Reporters
| are constantly on the roof of the Jail, and
| with field glasses can see the jurors dis
| tinctly. None of the discussion can he
| heard, as there court between the cell
| house and the court building about eighty
| feet wide. The gestures and movements of
the jurors indicate the heated character of
| their arguments with each other and by
watching the groups closely it can be de
| termined with reasonable accuracy about
| how they stand numerically.
| There is very little thought now of any
| thing but disagreement. 1t Is the general
| opinion that Harley Will prove firm to the
end. and he may keen iiolabrd with him.
! The counsel for the defense still stick to
| their assertion of a coming acquittal but
| Attorney Phalen says disagreement as
| often as he says 'acquittal.'' The state
| iS now looKlnS Tor Il disagreement, having
small hope that Harley will agree 10 con-
| viction, and certainly not to the death
| penalty. The states attorney is confident
| however. that the Jury will be with him to
| the extent II ten to two or eleven to one.
| Il will have ten of them I feel sure he
| said tonight. although it is possible that
| may have only nine-but nine will be for
the state without the slightest doubt. II
| a disagreement is the result of the trial
| the case will be tried again as soon as
| possible"
| Mr. Denepu iS - hard 6pbter ,pd 1o
| smiled grimly tonight when asked if he
| intended to try the case again.
| why. most certainly we will he said
| and We Will put up stronger case
| against him the second time than we have
on this trial. Then. too. Mrs. Luetgert Will
| have had Just 50 much more time in which
| TO show up. and of course she will not
do that it will be worse for Luetgert than
| II is now"