The Portland daily press., 1897-10-22
JURY COULDN'T AGREE.
Allowed to Report to the Court
Yesterday.
JURORS HARLEY, HOLABIRD AND
BARBER HELD OUT.

Notice Given That Motion VIII BE Made
Today to Admit Prisoner to Bail-The
Jurors Favoring Acquittal Give Their
Reasons.
Chicago, October 21.-The jury In the
famous Luetgert case has disagreed and
has been discharged by Judge Tuthii.
The jury stood nine for conviction and
three for acquittal.
| The jurors were called into court at
1910 and as they filed in they were
haggard looking set of men. Several OF
them were colorless, and the eyes OF all OF
them were swollen and red.
| The jurors took the seats they had ocou-
pied daily for over two months, and
waited for the appearance OF the prisoner
and his lawyers. Judge Tuthill occupied
the bench
After the clock had licked off five
minutes, the door to Judge Tuthills
private chamber opened, and the attorneys
| walked in.
Soon Adolph L. Luetgert walked into
court, followed by bailiff. Smiling and
! confident, he grasped the hand of William
Charles as he gained his seat, and
whispered few words into his business
partners ear. Then he sat down.
Judge Tuthill looked up at Ba1lin
Coenner and nodded The gray haired
custodian raped sharply for order and
| commanded silence.
Gentlemen, have called you into
court to ak if you have reached YER
dict, )" said Judge Tuthill.
| Foreman Hieokhold arose and replied:
Your Honor we have not.
lis there any prospect Of our reaching
one?' asked the court
II don't think SO. In fact I know there
| is not-at least that is my firm belief, "
responded the foreman.
''How do you stand numerically, not
individuality" queried the court.
"We stand nine for conviction to three
for acquittal,' y replied the foreman.
"We have stood that way for thirty
eight hours. There has not been coli
tary change in the vote during the past
thirty eight hours. In my opinion there
is not the least possible chance of an
agreement. 2"
What have you to say Juror Barbers"
asked his honor.
"We can never reach verdict" replied
the juror. Every point of the evidence
has been minutely discussed and it is i'm
possible for us to agree"
Judge Tuthill then called each of the
jurors by name and each responded the
same. 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
| The question was asked of each Of the
attorneys and each replied that it seemed
| impossi BILE to obtain verdict
i Then turning toward the jury, Judge
Tuthill said slowly:
''The court has kept you here an ex
ceptionally long time because the evidence
was SO volumin GUS and SO much In detail
that l wished to give you full time to
discuss it in all its 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 i'm
portant case-one of the most important
| cases that has ever been tried in this
| court-and l WIS anxious that the jury
could come to some conclusion, but I am
bound to accept the statement of the
jurors made through your foreman and
| individually 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 think it
useless to keep you longer confined in this
! matter. l therefore enter AN order for the
discharge of this jury. The defendant
| viii be remanded. You will apply to the
clerk for your certificates.
| A sigh of relief went up all over the
court room that the end had at last been
reached. There WAS rush on the part
OF the newspaper men to get out OF the
building, and as soon as the ball1n could
restore quiet, Judge Tuthin adjourned
the court.
The jurors returned to their room and
sent out word to Judge Tuthill that they
| desired that he remain in court few
minutes as they wished to submit re-
port. Twenty minutes lator the Jurors
filed back into court and Foreman Heck
hold handed a writing to Clerk
| Knoch who by order of the court read
it aloud.
1t thanked the presiding judge and at
| torneys for their kind treatment and
added:
''As to the trial, we wish to state that
| while the evidence was sucn We were
| unable to agree upon verdict, one thing
we did agree about, and that is that the
circumstances were such that the police
had ample reason to prosecute on the
showing without hearing the defence, and
we commend them for having done their
duty in this case.
| The twelve men were divided as follows
For conviction and death penalty
Bieckhold, Boyd, Libby, Mahoney,
Behmiller, Hosmer, Shaw, Franzen and
| Folwer.
For cquittal-Harley, Holbird and
Barber.
The jurors were evidently Of the opinion
tha6 this was enough to give the public ut
this time and declined TO be interviewed.
room, where they were given their
vouchers for the long services.
Yes sir, we will trv him again." said
States Attorney Deenen, when asked as to
the probability of Luetgert being brought
before the court second time.
! When we will get at it, however. is