The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-10-21
THE JURY IS STILL OUT
One Man Only Between the Saus-
age Maker and Death.
HARLEY WILL NOT YIELD
Jurors Wanted to Know II Eleven Men
Could Make the Other One Vote
With Them-Tuthill Win Keep
the Jury Til Saturday.

tllinInal court Bullulng, chicago,
Oct. 20.-At $50 O'Clock tonight II was
announced from The Office Of states
Attorney Deenen that there would be
no announcement of a verdict in the
Luetgert case before the opening Of
court tomorrow morning. Judge Tut
hill went home early I'm the evening.
leaving matters with states Attorney
Deencn. who was To send him word In
case a verdict should be reached dur
ing the early part of the evening. The
attorneys for the defense also left
matters with Mr.. Deenen and went
home 10 await any word that might
come from the jury room. Attorney
Phalen. the junior counsel for the de-
Tense. was around the state attorneys
flee for a short time. and then took
his departure.
states Attorney Deenen. pale faced
and red-eyed from loss OF sleep. sat in
his office until $50 o'clock. and then
he announced that he would wait no
longer. and gave orders that his Office
be closed. There Is absolutely no
chance now of anything being heard
from the IL men before tomorrow
morning at the earliest said the
states attorney as he left his office.
For a time tonight II was rumored
that II the jury should not agree IL
would be discharged as soon as II re-
ports it's inability 10 reach a verdict.
This. however Is not the case. IL Is
the firm determination Of Judge Tut
hill TO keep the jury I'm session until
Saturday night or late saturday after
noon before he permits them 10 go out
With "A disagreement He has an
nounced thai both state and defend
ant have spent much money and time.
and the case has been 50 long and diff
cult To Try that he will not consent to
the discharge Of the jury until there is
absolutely no hope whatever OF a ver-
diet being reached.
Reports vary from nine for the death
penalty To three for acquittal, Ia III for
death and one for acquittal. The one
Juror holding out for Luetgert is Har-
ley, and il is thought that II he would
change front there would be little time
lost in arriving nj verdict. Juror
Holabird il also credited with favoring
the acquittal of the prisoner, but II is
thought he would come around quickly
N Harley could Abe induced to vote for a
conviction.
The feeling among the Jurors who are
in favor of the death penalty Is high
against Harley. and they have done
some plain talking Ia him. Al one time
this morning they even sent 10 Judge
Tuthill to know. among other things. III
II men could compel one man to vote
with them. or IL verdict would be
valid II but II men signed IL. This Is
the incident that gave 10 the state the
idea there was hut one man standing
between Luetgert and a death SEN
tence.
After the jury had been sent back "a
III, ir room. they argued loudly for a
time and were al il hard and fast wher
lunch time arrived There was some
loud talking during the progress of the
meal. showing that work was going an
at the table. During the Afternoon
There was no sign of "A verdict and n,
word of any kind came from or went
into the little room where the Jurors
were locked up. At times loud talkinf
could he heard and the tones indicated
anything but an atmosphere Of har'
mony. At I O'Clock dinner was taker
10 the Jurors. and then they ceased
work for the night. The cots were
after dinner was over, quickly put M
In the small rooms adjoining the cou,i
room. and IL was not long before eacf
one held a juror or a bailiff, and worl
was over until tomorrow.
There Is very little thought now al
anything but disagreement. II is thu
general opinion that Harley will prove
firm to the end. and that he may keel
Holabird with him. The counsel fol
the defense still stick TO their assertion
Of coming acquittal, hut Attorne,
Phalen says Disagreement" as Otter
as he says "acquittal." The state 1,
now looking Tor n disagreement. with 4
small hope that Harley win agree tn q
conviction. and certainly not To th'
death penalty. The states attorney Is
however. confident that the jury vii
be with him Ia the extent of 10 on Il
to /.
81 will have 10 Of them. ] feel sure.
he said tonight. Although II is pos
sible that 7 may have only nine. but
nine viii be for the state without thu
slightest doubt. II n disagreement 1,
the result Of the trial. the case will b'
tried again as soon as possible
Mr.. Deenen is a hard fighter and IN
smiled grimly tonight when asked 4
he intended Ia try the case again.
why. most certainly we WILL" h,
said. 'and We will put up stronger
case against him the second time thar
We have i'm this trial Then. too. Mrs
Iuetgert will have had Just that mucl
more time in which to show up and as
of course. she will not do that, II will b,
worse for Luetgert than Il is now"