Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-10-22
JURY plsAaREEs.
CONTINUED from page ~

AFTER the CLOCK ndQ tlckeQ on nVe
minutes. the door to Judge Tuthilrs
private chamber opened, and States
Attorney Deenen, ex-Judge Vincent
and Attorney Phalen came out. They
took their accustomed seats at the
table, over which they have argued so
many questions Of law.
Soon. Adolph L. Luetgert walked into
court, followed by a bailiff. Smiling
and confident. he grasped the hand of
William Charles as he gained his seat,
and whispered few words into his
business partners ears. Then he sat
down. Judge Tuthill looked up at
Bailiff Conner and nodded. The gray
haired custodian raped sharply for or
der and commanded silence.
Gentlemen, 1 have called you into
court to ask II you have reached a YER
dict" said Judge Tuthill.
Foreman Heickhold arose and re-
piled: "Your honor, we have not"
us there any prospect of your reach
ing one?" asked the court.
II don't think so. In fact, know
there is not-at least, that is my firm
belief" responded the foreman.
How do you stand numerically, not
individuality" quired the court.
I'VE stand nine for conviction to
three for acQuittal," replied the fore
man. I'VE have stood that way for IS
hours. There has not been solitary
change in the vote during the past 80
hours. In my opinion there it not the
least possible chance of an agreement.
What have you to say, Juror Bar
har2" asked His Honor.
I'VE can never reach a verdict" re-
piled the juror. Every point of the
evidence has been infinitely discussed
and it is impossible for us to agree"
what is your impression, Juror
FowlerY' asked the court.
THE same as. the others. We can
not agree" reulied Mr.. Fowler. I'VE
have discussed the case thoroughly,
and we cannot reach a verdict"
Judge Tuthill then called each of the
Jurors by name and each responded in
the same manner expressing the view
that it would be impossible for the
jury to agree. Juror Harley was the
last juror called. He arose and replied
firmly and with emphasis: Il do not
believe we can agree upon verdict"
IT will ask the counsel for the pris-
oner what they think Of the situation"
said Judge Tuthill.
Ex-Judge Vincent arose and re-
marked: Your honor, do not think
from what have listened to, that
there is any possibility Of a verdict be-
ing returned"
IT am Of the very same opinion"
echoed Attorney Phalen.
"Luetgert, how does it impress yOu:"
asked Judge Tuthill.
The big fellow arose with smile and
bowed awkwardly to the court. Il am
Just of the opinion of my lawyers
said he.
t''What?" exclaimed Judge Tuthill
who had not caught the words of the
prisoner
II leave it to my attorneys. be-
lieve just as they do. don't believe
they could find verdict" responded
Luetgert in a high tone Of voice. Then
he sat down.
What do you think, Mr.. Deneen?
inquired the Judge. directing his gaze
toward the states attorney.
TT appears from the concensus OF
opinion expressed by the Jurors tha'.
they cannot agree" replied Mr.. Den
cen. II don't believe they will be able
to reach a verdict under the present
expressed opinion of each of them that
a verdict is an impossibility."
1T seems so to the court"
Then turning toward the jury, Judgr
Tuthill said, slowly: 1.-THE court has
kept you here an exceptionally long
time because the evidence was so VOL
luminous and so much in detail that l
wished to give you full time to discuss
it in all it's aspects and to give you
time to discuss the matter among your
selves to see if there be any possibility
Of harmonizing your views 1t is very
much to be regretted that you are uE-
able to agree. The case has been very
long and protracted. 1t is most i'm
pOrtant case-one of the most import
ant cases that has ever been tried in
this county-and / was anxious that
the jury could come to some conclusion,
but am bound to accept the state
ment of 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, con-
Ours with all, and 1 think it is useless
to keep you longer confined in this
matter. 1 therefore enter an order for
the discharge Of this jury. The de-
2. PENDANT will be remanded. You will
apply to the clerk for your certifi-
Gates"
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
bailiffs could restore quiet, Judge Tut
hill adjourned the court.
The jurors returned to their room ant
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 later the juror;
filed back into court and Foreman
Heickhold handed the following to Clerl
Knoch. who. by order Of the court, reat
It aloud:
I'VE, the Jurors In the case of the peo
pie of the state of Illinois VS.. A. l.. Luet
CERT, tender to the presiding judge. tn
Hon. Richard 8. Tuthill, and the brillan
state attorney, Charles 8. Deneen, ant
his no less brilliant assistant. Mr.. w. M
McEwen, as well as the attorneys for tn
defence, our most heartfelt thanks 70
the very kind treatment we have receives
at their hands. and we do not hsitate t
afu q TINT wern If NOT for the urav II