The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-22

The same as the others. We cannot
agree, replied Fowler. I'VE have dis
cussed the case thoroughly, and we cannot
reach verdict"
Judge Tuthiii then called each of the
Jurors by name and each responded in the
same manner, expressing the opinion that
it would be impossible for the jury to agree.
Juror Harley was the last juror called. He
arose and replied firmly and with en-
upon a verdict"
II will ask the counsel for the prisoner
what they think of the situation said
Judge Tuthill.
Ex-Judge Vincent arose and said: Your
honor, do not think from what have just
listened to that there is any possibility of
verdict being returned
Il am Of the same opinion" echoed At
torney Phalen
''Luetgert, how does it impress your"
asked Judge Tuthill.
The big fellow arose with smile and
bowed awkwardly to the court. Il am just
OF the same opinion as my lawyers" said
'What?" exclaimed Judge Tuthill. who
had not caught the words of the prisoner
leaVe 1t 70 my attorneys-I believe just
as they de- don't believe they could find
a verdict, responded Luetgert in a high
tone of voice. Then he sat down.
What do you think Mr.. Deneen." in
CURED gun ed the judge. directing his gaze toward
1T appears from the consensus of opin-
ION ION expressed by the jurors that they can
not agree" replied Mr.. Deneen. Il do not
beleve they will be able to reach a verdict
u.aer the present expressed opinion of each
VI NlAcLl tildl Il NeIQICC Is an lmDOSS1DIlltX.
1t seems so to the court" said his Honor.
JURY DISCHARGED.
Then. turning toward the jury, Judge
Tuthill said slowly: THE court has kept
you here an exceptionally long time, be-
cause the evidence was so voluminous and
of so much detail that 1 wished to give you
full time to discuss it in all its aspects and
to give you time to discuss the matter
among yourselves to see if there could be
any possibility of harmonizing your views.
1t is very much to be regretted that YOU
are unable to agree. The case has been
very long and protracted. 1t is the most
important case-one of the most important
cases-that has ever been tried in this coun-
| Try, ana L was anxious that the Jury might
| come 10 some conclusion, but | am bound
70 accept the statement of the Jurors made
through your foreman and individually by
| you, and the expression of the defendant
ana his counsel and the states attorney has
also received serious consideration by me.
MY own judgment, indeed concurs with all
ana thlnk 1t IS useless to keep you longer
confined in this matter. ! therefore enter
an order for the discharge of this jury.
| Ihe defendant will be remanded. You will
apply 10 the clerk for your certificates"
A sigh of relief went up ali over the
courtroom that an end had at last been
reached. There was rush on the part of
| newspaper men to get out of the building
| and as soon as the bailiffs could restore
quiet Judge Tuthill adjourned the court.
sent out word to Judge Tuthll that they
desired that he remain in court a few min
utes, as they wished to submit q report.
twenty minutes later the jurors filed back
INTO court and Foreman Heckhold hand
| ed the following to Clerk knoch, who, by
order OF the court, read aloud:
We, the jurors in the case Of the people
| OF the State of Illinois VS.. A. l.. Luetgert,
fenqer Rcbar ID 70 tn. the presiding judge the Hon.
attar Gm[a e1 s I1tn and the brilliant Ill ant states
brilliant assistant William NJ McEwen,
also the attorneys for the defense, our
heartfelt thanks for the very kind treat
ment we have received at their hands. and
we do not hesitate to state that were it
not for the way they have attended to our
| personal comfort, as well as to our sanitary
condition, the hardship would have been
%As to the trial. we wish to state that
while the evidence was such that we were
| unable to agree on a verdict one thing we
| did agree about, and that is the circum-
stances were such that the police had am
pie reason to prosecute on the showing
without hearing the defense, and we com
mend them for having done their duty in
| this case"
CAUSE OF THE DISAGREEMENT
The jurors then passed through the rear
door of the courtroom and took the freight
elevator to States Attorney Deneen's room.
Here they were given their vouchers for
the long service. They left the Criminal
Court building by way of a rear entrance
to the Jail yard. The jurors left in squads
of four. They did this to avoid the great
crowd that had collected in front of the
building, and also to get away from re-
porters. But the latter gentlemen were full
| ly posted on exits and entrances to the
building and met the jurors as they
emerged from the Jail yard 1t was re-
luctantly admitted by several of them that
the disagreement was brought about by a
wide difference of opinion regarding the
rings round in the vat, the testimony Of
Emma and Gottieba Schimpke and the tes-
ltlVely testified that they saw Mrs Louise
LuetSert alive in the Wisconsin town on
May 3, and .. Juror Harley did not be-
neVe the rings found in the vat of Luet-
gert factory were Mrs. Luetgerts rings
Holabird was inclined to believe the story
OF me henoSha witnesses despite the i'm
peachlng evidence introduced. and Barber
would not believe the strong evidence given
by the Schimpke sisters. These were con-
these jurors
For the first time since the beginning OF
the great trial not a woman was in the
There was no demonstration of approval or
disapproval. An army Of newspaper men
artists, court attaches. lawyers and limited
number of spectators saw the final close of
one Of the greatest criminal trials in history
one which STANDS alone as having been
fouSht out solely and purely on circum-
stantial evidence. Not line of direct evil
dence was heard during the entire trial
Inc Verolct was not surprise to those who
NulNINh ltlG SlluSSle III the JQfNfOOm
during the past three days. For more than
twenty-four hours prior to the discharge of
the jury IL seemed a foregone conclusion
that disagreement would be the result.
WILL SEEK RELEASE ON BAIL.
This afternoon counsel for Luetgert rave
States Attorney Deneen notice that they
would Tomorrow, at 10 o'clock, make for
NAL application before Judge Tuthll for the
admission Of the prisoner to bail. judge
Tuthill will be asked to ;ix the amount of
bail at $4,000, but Luetgert will enter court
prepared to furnish bonds of $4,000, If neces-
sary. States Attorney Deneen was not pre-
pared to say whether or not he would resist
the application. THE admission Of O. pris-
oner to bail is discretionary with the court.
ne said. After the application Is made in
court may express my views upon the
matter IL the court desires to hear them
Yes, sir, we Will try him 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 I cannot
tell now. We have had nine weeks of this
and l must have couple of weeks rest
After that we will look the ground over and
get our evidence together. The case stands
now with US as though there had never been
trial. The second trial has no bearing
whatever on the case just closed
viii you oppose motion to admit Luet-
CERT to bail, Mr.. Deneeny was asked
THAT IS something / cannot answer II is
immature. j have not considered it,"
When the order of Judge Tuthll discharg-
ing the jury was made Luetgert stood tip
with a smile on his face and nodded to the
jurors. He was cool and collected The ac-
tion of the jury had verified an Differentiated
r,rn inff ~ fIe.r. r.pfC u,