Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-22
ENDS IN A MISTRIAL.
LUETGERT JURY FAILS TO AGREE
AND Is DISCHARGED.
STOOD 9 TO 3 FOR CONVICTION.
LUETGERT MAKES A STATEMENT
CONCERNING THE CASE.
Swenrs He Did Not XIII His Wife and
Does Not Know Where She Is
VIII he Tried Again
Review of the
CaSe.

Chicago, Oct. 2l.-The Associated Press
tonight obtained the one great feature
missing in the famous Luetgert trial--the
sworn testimony of the defendant himself,
Adoph l.. Luetgert.
Standing tonight in the gloomy Jail adj
joining the Erim-loOkinS gray stone court
building in which his remarkable trial had
at last been brought to finish the burly
sausage manufacturer capped the climax OF
the extraordinary series of events which
began with his sensational bankruptcy and
the alleged frightful dabolism of boiling
his wife to death at midnight in a vat in
his factory cellar Tonight, closely fol-
lowing the final result of the trial. which
has attracted worldwide attention. Luet-
CERT made under OATH Il statement for the
Associated Press concerning the fearful
crime charged against him, the first sworn
statement yet made by him. and the first
statement of such n kind ever known in
newspaper annals. The affidavit was put
in writing in due legal form, and is certi-
fieG to by notary.
Ex-Judge William A. Vincent. the leading
case. the man to whose brains and skill
and energy Luetgert beyond all doubt owes
his great legal victory. gave consent to the
+ affidavit being made.
Dramatic Scene.
The scene in the Jail when Luetgert took
the oath was as dramatic as the circum-
stances were unique. In the dimly lighted
md
grasping the iron bars that still kept him
frCm liberty lifted his right hand and SOL
emnly assented as the notary administered
the binding form. The gruesome surround
ings were Il reminder in some degree of the
midnight occurrences in the factory cellar
that have become familiar to the hundreds
OF thousands who have followed the details
oc the great trial. Few if any of the Curl
Gus prisoners and turnkcys who were spec
tators had any inkling of what was taking
place. Luetgert. the notary and a repre-
sentative of the Associated Press conferred
together for a few moments, and then
Luetgert, without hesitation, made the affi-
davit and signed it in ink with the hand
that Is alleged to have committed one of
the most fiendish crimes on record.
The affidavit explicitly declares Luet-
gert's innocence. The document, in full, is
as follows:
ITO the Public.
1.-The result of my trial, ending to-day, is
a victory for me because of the Disagree
ment Of the jury. but am very much dis
appointed and very much surprised that
the jury did not bring in a verdict of not
guilty.
IT did not kill my wife. and do not know
where she is, but am sure that it is only
question of time until she comes home.
II did not go upon The witness stand be-
10 Tndp f.
terly opposed to my doing so. and because
he advised me it was not necessary.
II am grateful for the tremendous change
in public sentiment in my favor, and time
will demonstrate that am not only an in
nocent but very grievously wronged
man. ADOLPH l.. LUETGERT.
End of the Famous Trial.
The gray light of cool autumn morning
struggled through the big windows of Judge
Tuthills court to-day as Luetgert heard
from the foreman of the twelve men who
have been considering his case for the past
sixty-six hours, the words. I'VE are unable
to agree upon a verdict" 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 a good
natured 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 follows:
For conviction and the death penalty
Heickhold, Boyd, Bibby. Mahoney. Beh-
miller Hosmer, Shaw, Franzen and Fowler.
For acpuittal-Harley, Holabird and Bar
ber.
AS the jurors filed into court about 1O:4O
this morning, they were haggard-look-
ing set of men. Several of them were COL
larless, and the eyes of all of them were
swollen and red The jurors took the seats
they had occupied daily for over two
months. and waited for the appearance of
the central figure in the case and his law
| yers.
Gentlemen, I have called you into court
| to ask If you have reached 4 verdict" said
| Judge Tuthill.
Jurors Could Not Agree.
Foreman Heickhold arose and replied:
"Your honor, we have not
'Is there any prospect of you reaching
one?" asked the court
Il don't think so. In fact, know there
| is not-at least, that is my firm belief" re-
| sponded the foreman.
How do you stand-numericalIy
| mean; not individuality" queried the court
we Stdnu nine IOf conviction TO three
| for acquittal," replied the foreman 1--WE
| have stood that way for thirty-eight hours.
| There has not been solitary change in the
| vote during the thirty-eight hours. In my
| opinion, there is not the least possibility
| of an agreement"
what have you TO say. Juror Barber"
| asked his honor.
We can never reach verdict" replied
| the juror. Every point and phase of the
evidence has been minutely discussed. and
| it is impossible for us to agree"
Judge Tuthill then called each of the
| jurors by name, and each responded 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 EN-
| phasis:
u do not believe we can agree upon a
verdict"
Counsel Agree With Jurors.
II will ask the counsel for the prisoner
| what they think of the situation" said
| Judge Tuthill.
Ex-Judge Vincent arose and remarked,
your honor. do not think from what
have lust listened to that there is any pos