The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-22

hentlemeli nave called you ihlo
court to ask II you have reached
verdict" said Judge Tuthiil,
Foreman Heickhoid arose and replied:
Your honor, we have not"
''Is there any prospect Of you reach
ing one?" asked the court,
II don't think so-in fact I know
there is not-at least that is my Arm
belief" responded the foreman.
''How do you stand-numerically, !
mean, not Individuality" queried the
court.
HOW THEY STOOD,
eve stand nine for conviction to three
for ncquittal," replied the foreman.
1--WE have stood that way for thirty
eight hours There has not been soll-
tary change In the vote during the past
thirty-eIght hours. In my opinion
there IS not the least possibility Of an
agreement"
What have you to say, Juror Bar
ber?" asked his honor,
I'VE can never reach verdict" re-
piled the juror Every point and
phase of the evidence has been min
utely discussed and 1t is impossible for
US to agree"
What !s your impression, Juror
Fowler" continued the court,
1.-THE same MS the others. We cannot
agree" replied Fowler. 1--WE have dis
cussed the case thoroughly and we can
not reach verdict"
Judge TuthIll then called each OF the
Jurors by name and each responded In
the same manner, expressing the view
that Il would be impossible for the
jury to agree. Juror Harley was the
last Juror called. He arose and replied
firmly and with emphasis: IT do not be-
lieve we can agree upon verdict"
"I will ask the counsel FOR the prison.
er what they think OF the situation"
said Judge Tuthill.
Ex-Judge Vincent arose ana remark
ed: "Your honor, I do not think from
what have just listened to that there
Is any possibility Of a verdict being re-
turned.
"I am OF the very same opinion"
echoed Attorney Phalen.
"Luetgert how does It impress your"
asked Judge Tuthlll
The big fellow arose with smile and
bowed awkwardly TO the court 81 am
Just of the opinion OF my lawyers" he
said.
"what?" exclaimed Judge Tuthill,
who had not caught the words OF the
prisoner.
''I leave It TO my attoruey-I believe
lust as they dol don't believe they
could find n verdict" responded Duet-
eert in high tone Of voice. Then he sat
down.
"What do you think, Mr. Deneen7"
inquired the Judge, directing his gaze
toward the states attorney.
"It appears from the concensus OF
opinion expressed by the Jurors that
they cannot agree" replied Mr.. De-
neen. "I don't believe they would be
able to reach verdict under the pre-
sent expressed opinion OF each OF them
that verdict is an imposslbility."
ut seems so to the court" Then
turning toward the jury Judge Tuthlll
said slowly;
"The court has kept you here ar ex-
ceptlonally long time because the evil
deuce was 50 voluminous and so much
detail that wished TO Hive YOU full
time TO discuss It in all Its aspects and
10 give you time to discuss the matter
among yourselves TO sec II there could
be any possibility of harmonizlng your
views. It Is very much to be regretted
that you are unable TO agree. The
case has been very long and protracted.
It is the most important case, one OF the
most important cases that has ever
been tried In this country and I was
anxious that the Jury might come to
some conclusion. but I am bound to ao-
cept the statement OF the Jurors made
through your foreman and individually
by You and the expression OF the de-
PENDANT and his counsel and the states
attorney also has received serious con-
sideration by me. MY own judgment
indeed concurs with all and think Il
is useless TO keep you longer coniin-
Cd IN this matter. therefore enter an
order for the discharge OF this jury. The
defendant will be remanded. You will
apply 10 the clerk for your certificates" /"
A SIGH OF RELIEF.
A sigh Of relief went up all over the
court room that the end had nt last
been reached. There was rush on the
part of the newspaper men to get out
OF the building and as soon ns the ball
ms could restore quiet Judge Tuthlll
adjourned the court.
The Jurors returned Ia their room
and sent out word to Judge Tuthlll that
they desired TO remain IN court n few
minutes M they wished TO submit re-
port Twenty minutes later the Jurors
filed back into court and Foreman
! IIeirkhold handed the following TO
Clerk Knooh who by order OF the court,
| read It aloud.
1--WE. the Jurors IN the case OF the
people OF the atate OF Illinois VS. A. L.
| LuetEert tender the presiding Judge,
the Hon. Richard s. Tuthlll the brill
liant stnto's attorney, Charles s. De-
neen. and his no less brilliant assistant,
| Mr.. William NJ. McEwcn, M well hs
| the attorneys for the defense. our most
heartfelt thanks for the very kind
treatment we have received nt their
hands and we do not hesitate 10 state
| that were Il not for the way in which
| they have attended to Our personal
| comfort. as well m 20 our sanitary
condition. the hardship would have
been very great
"AB to the trial, We wish 60 state
| that while the evidence was such that
| we were unable to agree upon n ver-
| dict, one thing we did agree about and
| that II the circumstances wcro such
Tint the police had ample reason to
prosecute on the showing without hear
lng tho defense. and we commend them
| for having done their duty In this case.
| (Eigucd)
FOREMAN HEtCKHoLD ana
Balance Of tho Jury"
rho Jurors were evidently Of the
opinion that this statement was
enough TO give tho public at this time,
nnd declining 10 hc Interviewed passed
through the rear door Of the court room
nud took the freight elevator to States