The Saint Paul globe., 1897-10-22

chamber opened and States Attorney
Deneen, ex-Judge Vincent and Attor-
ney 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, fol-
lowed by bailiff. Smiling and con-
fident he grasped the hand of William
Charles as he gained his seat, shook
it and whispered few words into his
business partners ears. Then he sat
down. Judge Tuthill looked up at
Bailiff Connor and nodded. The gray
haired custodian raped sharply for
order and commanded silence.
Gentlemen, I have called you into
court to ask if you have reached a
verdict said Judge Tuthill.
Foreman Heickhold arose and re-
piled; Your honor, we have not"
'Is there any prospect of your reach
ing one?" asked the court.
Il don't think so. In fact, l know
there is not, at least that is my firm
belief" responded the foreman.
How do you stand, numerically, [
mean; not individually" queried the
judge.
I'VE stand nine for conviction to
three for acquittal," responded the
foreman.
eve have stood that way for thirty
eight hours. There has not been SOL
itary change in the vote during the
thirty-eight hours. In my opinion,
there is not the least possibility of an
agreement.
Judge Tuthil1 then called each Of
the jurors by name, and each respond
ed in the same manner, expressing the
view that it would be impossible for
the jury to agree. Juror Harley was
the last juror called. He arose and
replied firmly and with emphasis:
81 do not believe we can agree upon a
verdict"
Il will ask the counsel for the pris-
oner what they think of the situa-
tion,' said Judge Tuthill
Ex-Judge Vincent arose and re-
marked: Your honor, | do not think
from what have just listened to that
there Is any possibility of a verdict
being returned.
81 am Of the very same opinion,
echoed Attorney Phalen.
"What do you think? Mr.. Deneen?'
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. 81 don't believe they would be
able to reach a verdict under the pres
ent expressed opinion of each OF them
1T seems so to the court.
JURY DISMISSED.
Then. turning toward the jury, Judge
Tuthill said slowly: 1.-THE court has
kept you here an exceptionally long
time, because the evidence was so
yoluminOus and so much in detail that
I wished to give you full time to dis
cuss it in all it's 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 country, and [
am anxious that the jury might come
to some conclusion, but [ am bound
to accept the statement of the jury,
made through your foreman, and in
dividually by you, and the expression
of the defendant and his counsel and
the states attorney also has received
serious consideration by me. My own
Judgment, indeed, concurs with all,
and I think it is useless to keep you
longer confined in this matter. I.
therefore, enter an order for the dis
charge of this jury. The defendant
will be remanded. You will apply to
the clerk fOf your C6rUlHcaIeS.
A sigh Of relief went up all over
the court room that the end had at
last been reached. There was a rush
on the part of the newspaper men to
get out of the building, and as soon as
the bailiffs could restore quiet, Judge
Tuthill adjourned the court.
The jurors returned to their room
and sent out word to Judge TuthilI that
they desired that he remain in court
a few minutes, as they wished to sub
NIT report. Twenty minutes later
the jurors filed back into court and
| Foreman Heickhold handed the follow
| ing to Clerk Knoch, who, by order of
| the court read it aloud:
We the jurors in the case of the State of
| Illinois VS.. A. L. Luetgert, tender to the
| presiding judge, the Hon. R. S. Tuthill and
| the brilliant states attorney, Charles S. De-
! neen, and his no less brilliant assistant, w.
| NJ. McEwen, as we'll as the attorneys for the
| defense our most heartfelt thanks for the
very kind treatment we have received at their
| hands, and we do not hesitate to state that
were it not for the way in which they have
| attended to our personal comfort as we'll as
| to our sanitary condition, the hardship would
| have been very great.
| AS to the trial, we wish to state that,
| able to agree on a verdict, one thing we did
| agree about and that it that the e:rcum-