The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-10-28
|LUEIGERT JURY DISAGREED
THERE WAS NO PROSPECT OF A
VERDICT AND THEY WE'RE
DISCHARGED.
FOR CONVICTION, 9; ACQU|HBL !
The Prisoner Smiled When the Jury
Was Discharged, and So Did the
Jurors-Win He Tried Again.
The Crime.

Chicago, Oct 21.--The gray light of
cool autumn morning struggled through
the big windows of Judge Tuthill's court
today as Adolph l.. Luetgert, the man
who has been ON trial on the charge
of numbering his wife and boiling her
body in a vat, heard from the foreman
of the twelve men who have been con-
sidering his case for the past sixty-six
hours the words. 1--WE are unable to
agree upon verdict"
lmperturbable as ever evlncing no joy
at the words, the wonderful nerve of the
n0rthsder was with him to the end. He
stood up and with only good natured
smile ON his swarthy face. shook hands
with his son, Arnold, his counsel and his
business partner William Charlie, and in
less than five minutes WAS led back to the
jail, the jury was dismissed and the great
trial was over.
The twelve men were divided us fol-
lows:
For conviction and the death penalty
Heichold, Boyd, Billy, Mahoney. Behmil-
ler Hosmer Shaw, Frason and Fowler.
For acquittal-Harley, Holabird and
Barber.
As the jurors filed into the court room
about 1880 this morning they were n
haggard set of men. Several of them
were collarless. and the eyes of all of
them were swollen and red. The Jurors
took their Seats and awaited the appear
ance of the central figures in the case
and the lawyers. Judge Tuthil sat on
the bench and gazed quietly at the worn
out jurors. The clock in the court room
licked off five minutes and nothing oc-
Cured to disturb the quietness. Then
the door to Judge Tuthills private cham
bers opened and States Attorney Deenan,
came out. They took their accustomed
seats at the table over which they have
argued SO many sharp questions of law.
Soon Adolph Luetgert walked into the
court room, followed by n bailiff. Smiling
and confident, he grasped the hand of
William Charles as he gained his seat,
shook 1t and whispered few words into
his business partners ear. then he sat
down. Judge Tuthill looked up at Bailiff
Conner and nodded. The gray-haired
custodian raped sharply for order and
commanded silence.
Gentlemen, have called you into
court to ask if you have reached YER
dict" said Judge Tuthill.
Foreman Hcichold rose and replied:
Your honor, we have not"
rs there any, prospect of your reach
ing one!' asked the court
II don't think sO In fact. there is not
at least that is my firm belief" responded
the foreman.
How do you stand numerically--nu-
merically. | mean, not individually 2"
queried the court.
1--WE stand nine for conviction and
three for acquittal," replied the fore
man.
I'VE have stood that way for thirty
eight hours. There has not been soil
tary change in the vote during the past
thirty-eight hours. In my opinion, there
is not the least possibility Of an agree
ment"
What have you to say, Juror Barber?"
asked his honor.
I'VE can never reach verdict" re-
piled the juror. Every point and phase
of evidence has been infinitely 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 opinion
that it would be impossible for the jury
to agree.
Judge Tuthill then questioned the coun-
sci for the state and the defense and
finally the prisoner and they conceded
in the opinion that no verdict could be
rcdcHtn ~ this jury. Inc court tnere-
upon discharged the jury and remanded
the accused.
The jurors returned to the jury room
and drew up resolutions of thanks to the
court, the counsel and the officers who
had charge of them. Then they de-
parted, declining to be interviewed.
States Attorney Deenan said the pris-
oDer would be again put on trial, but
when. he could not say. He declined to
fh.. L. n
oppose an application for bail.
When the order of Judge Tuthlll dis
charging the jury was made, Luotgert
stood with smile on his face and nodded
to the jurors. He was cool and collected.
A great weight of anxiety had been lifted
from his mind and the sudden rcnction
from doubt to certainty ms to the ilTy's
position filled the broad breast Of The
sausage maker with emotion. Luetgert
not seen in the mode of his locomotion
before. He walked across the bridge to
his cell in the jail with light step and
in n happy frame of mind. despite the
fact that he remarked to the Jail guard.
"They ought to have acquitted me. The
evidence showed doubt. and the court
said j am entitled to al doubt"
The verdict was not n surprise to those
who have watched the struggle In the
LIuf IVou uuiiiB tht INNi luTte uuyS.
For more than twenty-four hours prior TO
the discharge of the jury. it seemed a
foregoDe conclusion that n disagreement
would he the result.
Upon leaving the court hourse. the ju-
rors were waylaid and questioned by re-
porters. II was reluctantly admitted by
several Of them that the disagreement
was brought about by wide difference of
opinion regarding the testimony of Emma
and Gotlieb Schimke and the testimony
of Kenosha witnesses. who positively tes-
tilted that they saw Mrs. Luetgert alive
in the Wisconsin town on May 3. 4 and
3. Juror Harley did not believe the rings
found in the vat of Luetgerts factory
were Mrs. Luetgert's rings.
Holabird was inclined to believe the
story of the Kenosha witnesses. despite
the impeaching evidence introduced.
These were considered the strong feat
ures of the trial by the jurors.
THE CRIME.