The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1897-10-29
JURY FAILS TO AGREE
FAMOUS LUETGERT MURDER
CASE ENDS IN A MISTRlAL.
Jury Was Out Sixty-six Hours and
Stood on Last Ballot Nine to Three
for Conviction New Trial viii Be
Necessary.
End of the Long siexe.

The great Luetgert trial in Chicago, the
most absorbing criminal prosecution Of
the century, ended in u disagreement of
the jury. For sixty-six hours the jury
tried in vain to reach verdict For thir-
ty-eight hours the vote was 8 to 3 for
conviction and ut 1O:40 o'clock Thursday
forenoon the twelve men announced an
irreconcilable disagreement, and Judge
Iuthill, being convinced that it was use
less and inhuman to attempt to force IL
verdict, reluctantly ordered it's discharge.
The twenty-second and last ballot stood
nine for conviction and three for acquit-
tai. This was irrespective of any ques-
tion of the penalty which had to wait on
the jury decision as to the guilt or inno-
cence of the prisoner. The big sausage
maker, the center Of n series of the most
dramatic episodes in the annals of Grim
inal procedure, will have to 90 through
this experience second time, for he will
be put OH trial again for the murder of
his wife.
The closing events of the famous trial
made up scene of not more than eleven
minutes duration. But tense, feverish
emotion was packed into every one of
these minutes and even Luetgert, with his
IRON nerve, felt the strain. His face was
bloodless as he entered the court room and
u tange of deep burrows extended across
his brow. keen, swift look shot from
beneath his shaggy gray eyebrows and
MS glance seemed to take in at u flash that
the supreme moment in his fate had arriv-
ed. AS he came i'll from the JUL battery
OF eyes threw ut him looks whose signifi-
canoe expressed nll degrees OF curiosity.
In his walk, his manner, his men, con-
stralnt was there and the anxiety that
sent the blood from his cheek and put a
purp.e tinge ON his lips was visibly shared
i'll by his counsel
Court was opened and the jurors mott
hed to appear. Nearly three days of
wraEg.ng. loss of sleep. and the c.ose con-
hnencnt had worked Il wonderful trans
formation Gil them. They entered the
room with tagging steps and sank into
their chairs woe-begonn looking crowd
In response to command flom Judge Tut
hill, Foreman Heichhold arose i'll his place
and announced as his positive belief that
no verdict could be reached. The Judge
,interrogatcd the jurymen individually and
each positively declared that no influence
or argument could change his opi.l on
The attorneys for both sides agreed that
the jury be discharged, and it WAS done.
thus ended the fist trial of whit must
be regarded as one of the most remarka-
bic crimiEa, cases Of the century. The
trial was i'll progress nearly nine weeks
and cost the State of Illinois over S15.-
OOO. OF the disagreement ii can frankly
be said that the division in tie jury fair
ly represents the division of op IL on in the
great world outside the jury hux. where
every fact and incident of she trail has
been followed with englcssing sclui.ny.
1t is probable that II poll of AL those who
have given intelligent consideration ,r
the testimony and the law lis lad down
by the court would present II division of
three to one in favor of IL conviction. The
proportion of those who believe in the
prisoners guilt is probably much greater
But belief in guilt and convictin. a pris~
oner ON circumstantial evidence such as
that produced for the State in this case
are two very different things.
While the majority of the public may
believe that Luetgert was guilty of the
terrible crime laid to his charge, there
has always been room for lingering
doubt in many minds that would operate
powerfully on jurors mind to prevent
conviction. But for this lurking fear Of
doing an irreparable injustice to an inno-
cent man the circumstances of this case
would have placed Luetgert beyond the
pale Of human sympathy. The trial with
its disagreement has blasted his life for
ever-a wrong beyond repair if he is in
nocent, a righteous retribution if the cir
cumstantial testimony of the deserted fac
tory and it's hdeous evidences Of crime
told the trufh