The San Francisco call., 1897-10-20
They Are Well Fed and Are
Given Cots for the
Night.
CONFIDENCE OF THE BIG
SAUSAGE-MAKER.
Declares That His Wife Is Yet Liv-
Ing and That He VIII Never
Be Found Guilty.
Special Dispatch to THE CALL.

CHICAGO, Oct. 19-Another night of
suspense is ahead OF the defendant in the
Luetgert case. At o'clock the jury had
gone 10 bed on cots which were placed in
the courtroom, and it was announced by
Judge Tuthill that even though by one
chance in a million the jurors should
wake up and agree upon a verdict there
would be no announcement and the court
room would under no circum stances be
opened until 10 o'clock tomorrow.
a few minutes before o'clock Judge
Tuthill appeared at the Criminal Court
building, and being admitted alone by the
ailiffs at tie entrance he passed quickly
upstairs, giving positive instructions that
nobody should be admitted to the build
ing under any circumstances. Within a
few minutes after he had issued these in
struotions Attorney Phalen, the junior
counsel for the de tense, put in an appear
ance and demanded admission. He was
promptly refused, and 1t took all his
powers of per uasion and argument to get
past the guard at the door,
Judge Tuthill went directly to the court
room, where he was told By the bailiffs in
charge of the court that several of the
jUrymen were almost exhausted by .he
ordeal to which they had been subjected
during the last twenty-four hours, and If
they were not allowed some rest, it would
certainly result in some of them becom.
ing i'll. The jury also sent word that
there was no immediate prospect of an
agreement, and under the circumstances
the Judge gave orders that they be per-
mitted to drop the case and go to sleep.
The cots were dragged into the court
room and within a few minutes every
juror was stretched out at full length and
ali consideration of the case was off until
they should wake in the morning.
Judge TuthiIl, after giving directions
that all the things possible should be done
for the comfort of the jury, left the build
ing for his home.
"They have not agreed as yet" he said
when he left the Courthouse, land when
l became convinced that there was little
prospect of their doing so and saw how
weary some of them were 1 told them to
go to sleep and try to agree in the morn
ing. There would be no use in keeping
them up all of the night. because, in the
first place, two or three of them would in
a short time be utterly incapacitated by
fatigue, and 10 agreement could be ever
obtained from men who are nervous from
loss of sleep and exhausted from argu-
ment When l came to the court to-
night | had no idea that verdict could be
reached but l was anxious to do all |
could tOr the com oTt of the Jurors"
States Attorney Deneen remained in
his office until all hope of a verdIc ct to-
night mad been aband oned, and then he
closed up his rooms and went home. He
IS stIL hopeful of a verdict, but naturally
looks upon a disagreement as the most
likely outcome.
There were rumors Of all kinds afoat
during the evening, all of them being 20
the effect that the friends of Luetgert on
the jury were weakening. It was known
during the day that the vote stood eight
10 four, and tonight the rumors were that
1t wa ten for the death penalty and two
for acqu:ttal. later story is that it stood
eleven for hanging and one for acquIttal.
Juror Harley is admitted to be the stout
friend Of Luetgert and he it ID who is lead
ing the tight Ior acqulttai. Over in the
jail Luetgert was during the evening anx-
iousIy awaiting word from the jury-r room.
He tried as usual TO keep up an appear
ance of indifference and, as usual, made
failure OF it.
IF they don't agree" he said, 81 get
bail and will be out OF this. / can give
bail for million dollars if they want that
much. My wife is living somewhere, but
l admit she is having lot of fun with me
a. present There is one thing sure" the
prist Ter said with great positiveness.
"The e will be no conviction in this case
1t will be either an aequittal or dis
agreement"
Asked where he obtained his informa-
ton, he smiled and said: "Oh, know,
you go long, l won't be convicted,
though; you can bet on that"
AT 10 O'Clock the criminal court building
was as dark as a pocket. The crowd
which had hung around its entrance dur
ing the earlier part of the even. ng had dis
appeared. A solitary bailiff sat at the foot
OF the stairs leading to the second story.
Another sat at the upper end of the fight,
two more were al the door of the court
room and two more were inside keeping
watch over the sleeping jurymen.
The opinion around the criminal court
tonight was that all chances of verdict
had disappeared, and that the result is
practically certain 10 be disagreement.
It is considered possible. and even probs-
BILE, that the State will have nine or ten of
the iurymen and the defense the re-
mainder.
The chances tonight, however, seem to
favor a disagreement of eight for conVic-
ton and four for aeduittal.
Just before retiring for the night the
jury took another ballot, the vote stand
ing nine for conviction and three for ac-
qu:ttal. The four jurors who have been
standing out for acquittal are: Behmiller,
Barber, HoImablrd and Haley. The two
latter are still for acquittal, but either
BehmiIle- or Barber has come over TO the
State.
There is much feeling against Harley
among the jurors who favor the death
penalty. They say he will not argue the
case in any way, but sticks solidly for
Luetgert