Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1897-10-21

they were convicted by jury of their
peers. In the Luetgcrt case, while pre-
ponIcrance of opinion was in favor of the
guilt Of the accused. there was a large
volume Of doubt as to the sutiiciency Of
evidence to warrant conviction, with its
inevitable result of hanging or Of impris-
onmcnt for life. In the Cronin case a
verdict of guilty confidently was antici-
pated. In the Luetgert case it was not.
The charge of Judge Tuthill was per-
feet in its freedom from bias; the most
careful reader could not find line in it
upon which to base IN opinion as to the
finding of the jury. The judges instruc-
tons were exhaustive. and went into the
generalities of the case on both sides. The
establishment Of the corpus dclictl. he
said, must be absolute in the minds of the
jurors before it could be accepted that the
dead body of Mrs. Luetgert had existed.
The jury must believe beyond reasona-
Bile donbt that Mrs. Luetgcrt had been
murdered; that her body had been dis
posed Of: but if there was no means of
knowing how she had been murdered, it
would be legal to bring in Il verdict lind
ing she had come to her death in man
ner unknown. The Impeachment Of wit
ncssrs was said to be matter for the
jurors to pass upon, and that the evil
dence and not the words of the lawyers
told the story. The instructions conclud-
ed by drawing up three forms of yerdlcts,
ono finding him guilty and imposing the
death penalty; one finding him guilty and
fixing Imprisonment, and one finding him
not guilty and discharging the prisoner.
While the instructions were being read
Iuctgert sat back in his chair. His hands
were claspcd in his lap, and he riveted
his gaze upon the jurors. \ pallor spread
over his face, and it was evident that only
by great effort did he restrain evidence
IF emotion. Suspense in the court room
was at an extreme tension and the audi
"nce listened to the loud tones OF the
Judge with brcathless interest. Decorum
was relaxed aud spectators were allowed
to leave their seats and crowd close to the
rail separating the lawyers Enclosure
from the main room. Those not fortu-
nate enough to gain coveted positions near
the rail climbed on the backs Of seats.
where many women were held poised IN
cxpectant excitement
When Judge Tuthill concluded his
charge Adolph Luetgert seemed the most
relieved man in the court room. He hug
sed his little naxen-haired son and kissed
him, and seemed as if his life was not in
the hands Of the jury. He was taken
back to his cell to await Il verdict
All night long the jury discussed the
question Of guilt or innocence and was
unable to reach an agreement. Two bal
lots were taken during the night. On the
first the vote was: Conviction, Z; acquit-
tai, 4; undecided, 1. The second ballot
showed eight for conviction and four for
acquittal. And there the jury stood
throughout the night. The evidence was
thoroughly discussed. but no change was
made in the opinions Of the talesmen.
When at 1870 in the morning the jurors,
worn out by their long elaboration, sat
down to their breakfast they were still
as far from agreement as at sunrise.
Judge Tuthill expected that after an
aii-night Of elaboration a verdict would
be ready in the morning, and announced
that he would be in court at $3.50. lie
was informed that no result had been
reached Mt that hour, however. and did
not appear. At o'clock he sent word to
the jury room asking il there was pros
pcct of an agreement. The jurors an
swered that they did not believe any de-
cision would be reached during the day.