The Topeka state journal., 1897-10-21
MN g 81 GE8 = -
The Luetgert Case Comes to an
End.
Jury Fails to Reach Agreement
on a Verdict.
STOOD NINE TO THREE.
Had Been DeadlOcked for 3S
Hours.
Three Men Held Out Firmly for
AcQuittal.
Court Sees No Hope and Dis
charges the Jury.
GOES BACK TO JAIL
Luetgert Hears the Conclusion
and is Remanded.


Chicago. Oct. 21..The jury in the
famous Luetgert case has disagreed
and has been discharged by Judge Tut
hill.
The jury stood nine for conviction
and three for acquittal.. They have
been deadlocked for IS hours.
The gray light of a cool autumn
morning struggled through the big win
dows of Judge Tuthilrs court today, as
Adolph L Luetgert, the man who has
been on trial on the charge of murder
ing his wife and boiling her body in a
vat, heard from the foreman of the u
men, who have been considering his
case for the past 66 hours, the words:
I'VE are unable to agree upon a YER
Diet
Imperturbable as ever, ,evincing no joy
at the words, the wonderful nerve of
the defendant was with him to the end.
He stood up, and with only q good ma
tured smile on his swarthy face, shook
hands with his son Arnold, his counsel
and business partner, William Charles,
and in less than five minutes was led
back to jail, the jury was dismissed and
the great trial was over.
The twelve men were divided as fol-
lows
For conviction and the death penalty
-HeickhOld, Boyd, Bibby, MahOney.
Behmiler, Hosmer, Shaw, Frazen and
Fowler.
For acquittal-Harley, ,Holabird and
Barber.
AS the jurors filed into the court
about 10:4O this morning they We're a
haggard looking set of men. Several of
them We're collarless, and the eyes of
all of them were swollen and red. They
took the seats they had occupied daily
Tor over two months and waited for
the appearance of the central figure in
the case and his lawyers. Judge Tuthiu
sat on the bench and gazed quietly at
the worn out men. The clock in the
court room licked off five minutes, and
nothing occurred to disturb the quiet
ness. Then the door to Judge TuthilPs
private chamber opened and States At
torney Deenan and eX-Judge Vincent
and Attorney Phalen came out.
They took their accustomed seats at
the table over which they have argued
SO many sharp questions of law. Soon
Adolph L. Luetgert walked into court
fOlIOWed by a bailiff. Smiling and con-
f1dent, he grasped the hand Of William
Charles, as he gained his seat, shook it
and whispered a few words into his
business partners ear. Then he sat
down.
Judge Tuthin looked I'D at Raf1fff
Connor and nodded. The gray haired
custodian raped shortly for order and
commanded silence.
Gentlemen, 1 have called you into
court to ask If you. reached a verdict -
said Judge Tuthil.
Foreman HeickhoId arose and re-
piled:
Your honor. we have not''
Is there any prospect of your reach
ing one2' asked the court.
I don't think so; in fact, I know
there is nOne-at least that is nv be-
lief" responded the foreman
How do you stand-numericalIv. I
mean-not individually?'' queried the
court.
we stand nine for conviction +o
three for acquittal" replied the fore
man We have stood that wav for
SS hours. There has not been a solitary
change in the vote during the 38 hours
In my opinion there is not the least
possibility of an agreement"
berg" asked his honor.
We can never reach a verdict" re-
pHed the juror. Every point and phas,
OF the evidence has been minuteiv dis
cussed and it is impossible for US to
agree"
What is your impression. Juror F7ovv-
ler2" continued the court
The same as the others. We can
not agree" replied Fowler. I'VE have
discussed the case thoroughly and we
cannot reach a verdict
Judge Tuthiu then called each Of tho
Jurors by name and each responded in
the same manner, expressing the view
tHdI II would De impossible for the jury
to agree.
Juror Harley was the last Juror call
ed He arose and replied firmly and
with emphasis: I do not believe we
can agree on a verdict"
VIII ask counsel for the prisoner
what they think of the situation" saf1
Judge TuthiH
Ex-Judge Vincent arose and remark
ca; Hour honor. I do not think from
what l have just listened to, that there
Is any possibility of verdict being re-
turned"
Il am Of the same opinion" echoed
Attorney PhaIen.
Luetgert how does it impress you?''
asked Judge Tuthiu.
The prisoner arose with a smile and
bowed to the court: Il am inst of the
opinion of my lawyers, - said he.
What" exclaimed Judge Tutbiu
who had not caught the words of the
prisoner.
I leave to my lawyers; I believe lust
as they do: I 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. Deenan?''
inquired the judge, directing his gaze
toward the states attorney.
1T appears from the opinion express