The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-10-20
WHOLE DAY SPENT IN WEARY WAITING
The Court Room Cleared Finally and the Tired
Men Put to Bed.
According 10 RurnOr, Ei6hf OF fhe Twelve
Are I'm Favor Of InfiicFin8 The
Death Penalty.

CHICAGO, Oct. 19.-Just before re-
firing for the night the jury took an
| other ballot, the vote standing nine for
| conviction and three for acquittal. The
four jurors who have been standing
out for acquittal are Behmiller, Barber,
| Holabird and Harley. The two latter
are still for acquittal, but either Beh-
miller or Barber has come over to the
state. There is much feeling against
| Harley among the jurors who favor
the death penalty. They say he will
not argue the case in any way, but
sticks solidly for Luetgert.
CHICAGO, Oct 19.-Another night Of
suspense is ahead of the defendant in
the Luetgert case. At o'clock tonight
the jury had gone to bed on cots which
were placed in the court room, and it
was announced by Judge Tuthill, that,
even though by one chance in a mil
lion the jurors should wake up and
| agree upon a verdict, there would be
no announcement, and the court room
would under no circumstances be open
ed until 10 o'clock tomorrow morning.
A few minutes after clock Judge
Tuthill appeared at the criminal court
building, and, being admitted alone by
the bailiffs at the entrance, he passed
quickly upstairs, giving positive or
ders that nobody should be admitted to
| the building under any circumstances.
Within a few minutes after he had is
sued these instructions Attorney Pha-
len, the junior counsel for the defense,
put in an appearance and demanded
admission. He was promptly refused,
and it took all his powers of persua-
sion and argument to get past the
guard at the door.
Judge Tuthill went directly to the
court room, where he was told by the
bailiffs in charge of the jury that sew
eral of the jurymen were almost ex-
hausted by the ordeal to which they
had been subjected during the last
thirty hours and that, if they were not
allowed some rest, it would certainly
result in some of them becoming i'll.
The jury also sent word that there was
no immediate prospect of an agree
ment, and under the circumstances the
judge gave orders that they be per-
mitted to drop the case and go to
sleep. The cots were quickly dragged
into the court room, and within few
RNA
full length, and all consideration of the
case was off until they should wake
in the morning.
JURY ASLEEP.
Judge Tuthill, after giving direc-
tions that all things possible should
be done for the comfort of the jury,
left the building for his home. They
have not agreed as yet" he said when
Lea |
became convinced that there was lit
tie prospect of their doing so, and
saw how weary some of them were,
told them to go to sleep and try
to agree in the morning. There would
be no use in keeping them up all OF
tonight, because. in the first place, two
or three would be in short time utter
ly incapacitated by fatigue, and no
agreement could ever be obtained
from men who are nervous from loss
of sleep and exhausted with argu-
ment When l came to the court to-
night, I had no idea that verdict
would be reached, but I was anxious
to do all I could for the comfort Of
the jurors. That was really the cause
of my visit to the building tonight.
| There is, of course, likelihood that
they will wake up tonight and reach
an agreement, and, even If they
should, 1 shall not come down to hear
it before 10 o'clock tomorrow morn
ing. There is no chance whatever
of any verdict being given by the jury
before that hour"
States Attorney Deneen remained
in his office until all hope of a verdict
tonight had been abandoned, and then
he closed up his rooms and went
home. He is still hopeful of a verdict,
but naturally looks upon a disagree
ment as the most likely outcome.
There were rumors of all kinds
afioat during the evening, all of them
being to the effect that the friends
of Luetgert on the jury were weaken
ing. 1t was known during the day
that the vote stood to 4, and tonight
the rumors were that it was 10 for
the death penalty and 2 for acquittal.
A later story was that it stood II for
hanging and l for acquittal. Juror
Harley is admitted to be the stout
friend of Luetgert on the jury
Over in the Jail Luetgert was during
the evening anXiously awaiting word
from the jury room. He tried, as usual,
to keep up an appearance of indiffer-
| ence. and as usual, made failure of it.
"If they don't agree" he said, 'I get
bail and will be out of this. I can give
bail for a million If they want that
much. My wife is living somewhere,
but I admit she is having lot of fun
with me at present. There is one thing
sure the prisoner said, with great
| positiveness, "there will be no convic-
ton in this case, it will be either an
acquittal or a disagreement
Asked where he obtained his infor-
nation, he smiled and said: "Oh, I
know, you go long. l won't be convict
| ed though, you can bet on that"
| At 10 o'clock the criminal court build
! ing was as dark as a pocket. The
crowd which had hung around it's en-
| frances during the earlier part
of the evening, had disappeared. A
solitary bailiff sat at the foot of the
stairs leading to the second story. An
other sat at the upper end of the fight,
| two more were at the door of the court
room, and three more were inside keep
| ing watch over the sleeping jurymen.
| The opinion around the criminal court
| tonight was that all chance of verdict
] has disappeared and that the result Is
| practically certain to be a disagree
ment. 1t is considered possible and
even probable that the state will have
nine or ten of the jurymen, and the de-
fense the remainder. The chances to-
night, however, seem to favor dis
agreement of eight for conviction and
| four for acquittal.
DAY OF WAITING
Five minutes before the time set for
opening court, the crowd in the court
room was in marked contrast to that
| of yesterday. Instead Of the nervous
4 +bronO which paclxnd +ha court room,