Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1897-10-28

In response to command from Judge Tut
hill, Foreman Heichhold arose in his place
and announced as his positive belief that
no verdict could be reached The judge
Intercepted the jurymen individually and
each positively declared that no influence
or argument could change his opinion.
The attorneys for both sides agreed that
the jury be discharged, and it was done.
Thus ended the first trial Of what must
be regarded as one Of the most remarka-
BILE criminal cases of the century. The
trial was in progress nearly nine weeks
and cost the State of Illinois over $15,-
600. OF the disagreement it can frankly
be said that the division in the jury fair
ly represents the division of opinion in the
great world outside TIE jury box, where
every fact and incident Of the trial has
been followed with engrossing scrutiny.
1t is probable that poll Of all those who
have given intelligent consideration to
the testimony and the law as laid down
by the court would present division Of
three to one in favor of conviction. The
proportion OF those who believe in the
prisoners guilt is probably much greater
But belief in guilt and convicting a pris-
pner on circumstantial evidence such as
that produced for the State in this case
are two very different things.
Ready for a New Trial.
States Attorney Deneen said he would
press for another trial, but when he did
not know. He said it would be on the
same theory as the one finished was pros
ecuted. The vat theory, the boiling of the
body OF his wife in crude potash, and
again the convincing part Ut the evidence
Of the heinous murder would be the rings.
It was the rings that fortified the ma.
iority in the jury in it's demand for the
conviction Of Luetgert. Attorneys Vim
cent and Phalen said they were ready for
the.new trial whenever it might be held.
They said they would present far strong.
er defense than before. Luetgert said
he was anxious for another trial and con-
fident it would be ended in his acauittal.
He charged the failure of securing a YER
dict that would exonerate him from the
fearful charge to the fact that Juror
Shaw was accepted. The next time. he
asserts, he will take the stand in his own
defense, with or without the consent of
his counsel. Judge Tuthill said that he
believed it would be impossible to select
a competent jury in Cook County on ac-
count OF the publicity given to the pro-
ceedings of the trial just ended. 1t is
therefore possible that Luetgert may new
er be tried again.
Luetgert said he was not surprised that
the jury disagreed and that he was conf
dent no verdict would be made twenty
four hours before. He was not taken by
surprise when he heard Foreman Heich-
hold announce that no verdict had been
made and none was likely to follow.
Neither was it surprise to him when
every man In the jury box said the same
thing In response to the questions of
Judge Tuthill as he polled the jury. No
objection was made to the discharge OF
the jury. Judge Tuthill asked Attorneys
Vincent and Phalen what they were dis
posed to do and they said it seemed as il
the discharge Of the jury was the only
thing justified BY the situation. Luetgert
was then asked the same question by
Judge Tuthill and he agreed with his at
torneys. States Attorney Deneen said