The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-19
JURY MAY DISAGREE.

pressy declares that his neglect to testify
shall not create any presumption against
him."
Silence as still as death pervaded the
packed courtroom while the judge was
reading his instructions. His voice was
s. ckear~ and strong. and even the throng
which was wedged into the corridor outside
the courtroom heard every word. The
jurors stood and listened to every word at
tentively.
THE FORMS OF VERDICT.
When Judge Tuthill ceased reading and
reached for the different forms of verdicts
that had been prepared there was a move
ment in the courtroom. Men and women
swayed backward and forward and in a
minute or two every person in the room
was standing on a seat. The bailiffs did
not attempt to make them take their seats,
and for once the rap of the bailins ham,
mer was unheard. Luetgert sat looking at
the court with his eyebrows wrinkled and
his face settled into the scowl which has
marked ii from the beginning.
In a couple of minutes the crowd had be-
come quiet. Then Judge Tuthill read the
different forms OF verdicts. which included
one for murder, providing for the death
penalty; another fixing the penalty at life
Imprisonment the third provided for
teen years, and the fourth was for mot
guilty" AS Judge Tuthill finished the read
ing he looked up at the jurors and said
Gentlemen, you may retire and consider
your verdict.
Immediately there was an uproar in the
courtroom People who had been sitting
arose to Their feet, and the shouts of bailiffs
ordering everyone to sit down" awaited
nothing. The crowd surged forward and
circular fence barred them from the at
torneys. Women almost tainted in the
crush, and their costumes and head gear
suffered. The crowd seemed to want 10 get
near Luetgert. All wanted to see how the
big sausage maker stood the final ordeal
now that his case was in the hands OF the
10 fha xxnS
ifs Conner and Wolcott were sworn in by
the clerk to take charge of the jury. This
ceremony over, the two men turned and
took charge of the jury. When the twelve
men marched out of the room a moment
later to the jury room adjoining a sigh of
relief went up from the excited throng.
Judge Tuthill ordered the room cleared and
announced that he would adjourn court
until o'clock tonight, but that he would
be within easy call of the courtroom during
his absence in case his presence was de-
sired.
States Attorney Deenen, Assistant States
Attorney McEwen, ex-Judge Vincent and
Attorney Phalen retired to the private
chamber of Judge Tuthill and consulted
with his Honor with reference to waiting
for the verdict of the jury during the night.
1t was soon agreed that Judge Tuthill
would remain at the Criminal Court build
ing until 10 o'clock at least, and be within
few minutes walk of his courtroom all
night
Iuetgert stood up near where he had
been sitting most of the time for more than
eight weeks after the jury retired. and with
his little golden-haired son, IN his arms re-
ceived a few friends. His son. Arthur
Luetgert and William Charles pressed for
ward and warmly shook the hand of the
prisoner Luetgert smiled and gazed about
him. He tried to look calm and uncon>
cerned, but behind the mask of indiffer-
ence those who have watched the varying
moods of the stalwart sausage maker could
trace suppressed nervousness. He soon re-
turned to his cell, where he ate sparingly
of supper
1.-THE instructions of the court were fair
to both sides and showed unusually careful
preparation said States Attorney Deenen
as he left the courtroom. IT don't believe
ever heard instructions more fair"
Ex-Judge Vincent was not so well
pleased, however. Judge Tuthill refused to
give a number of instructions for the de-
Tense which were virtually, it is said, an
attack on the police department. Ex-Judge
Vincent considered them fair, but was deep
~ disappointed that they We're refused and
said so.
For more than half an hour after the
Jurors retired they did nothing but breathe
free air and stretch their aching limbs. At
$50 o'clock dinner was served to them from
a neighborlng restaurant. Soon afterward
they began their deliberations in earnest.