Omaha daily bee., 1897-10-21
NO VERDICT YET IN SIGHT
Jury in Luetgert Case Unable to Reach an
Agreement
PUTS IN ANOTHER LONG NIGHT OF IT
One Juror SIN Hangs Out for nr
Acquittnl of the Sausage Maker
Disagreement Is
Probable.

]
, nouncement of a verdict in the Luetgert case
before the opening of court tomorrow morn
ing
Judge Tuthill went home early in the
evening, leaving matters with States Attor-
ney Deneen, who was to send him word in
case verdict should be reached during the
early part of the evening. The attorneys
for the defense also left matters with Mr..
Deneen and went home to await any word
that might come from the Jury room. At
torney Phalen, the junior counsel for the
defense, was around the states attorneys
Office for short time and then took his de-
p1rture. He made a call on the states at
torney and poking his head inside the door
queried briefly, Anything new?"
Nothing" said Mr. Deneen with a weary
smile, which Mr.. Phalen returned as he hur-
ried out of the doorway.
States Attorney Deneen, pale faced and
rod-eyed from lack of sleep, sat in his office
until $50 and then he announced that he
would wait no longer and gave orders that
his Office be closed
II shall wait no longer" he said. land
there is no need of anybody waiting after 1
leave. l agreed with Judge Tuthill and the
til $50 to receive the announcement OF a
verdict should one be reached. In the event
of an agreement being reached was to send
word to the judge and opposing counsel and
they would come to the court for the pur-
pose of receiving the verdict 1t was under
stood that if the jury did not send word of
verdict by $3.50 the building should be
closed and everything should go over until
$3.50 tomorrow morning. No word has come
and If the jury docs arrive at a verdict It
will not be heard and no announcement of
the verdict being reached, will be sent out
from the jury room. There is absolutely no
chance now of anything being heard from
the twelve men before tomorrow morning
at the earliest"
MUST WORK TILL SATURDAY.
For time tonight it was rumored that
If the jury had not agreed by tomorrow it
will be discharged as soon as it reports its
inability to reach a verdict. This, however,
is not the case. 1t is the firm determina-
tion of Judge Tuthill to keep the jury until
Saturday night or late Saturday afternoon
before he permits them to go with dis
agreement. He has announced that both
state and defendant have spent much money
and time and the case has been so long
and difficult to try that he will not consent
to the discharge of the jury until there is
absolutely no hope whatever of a verdict
being reached.
The Jury stands about where it stood TWEEN
ty-four hours ago. Reports vary from nine
for the death penalty and three for acquit-
tai, to eleven for death and one for ac-
quittal. The one juror holding out for Lieut.
CERT fs Harley and it is thought that if he
would change front there would be little
time lost in arriving at a verdict. Juror
Holabird is also credited with fevorng the
acquttal of the prisoner, but it is thought
he will come around quickly If Harley could
be induced to vote for conviction.
The feeling among the jurors who are in
favor of the death penalty is high against
Harley and they have done some very plain
talking to him. At one time this morning
they even sent for Judge Tuthill to know,
among other things, If eleven men could
comFel one man to vote with them or if a
verdict would be valid, II but eleven men
signed 1t. This is the incident that gave to
the state the idea that there was but one
man standing between Luetgert and a death
sentence.
JURORS RETIRE.
At 7 o'clock tonight dinner was taken to
the jurors and then they ceased work for
the night. The cots were, after dinner was
over, quickly put up in the small rooms ad-
joining the court room, and 1t was not long
bero:e each one held a juror or a bailiff and
work was over until tomorrow. There is very
little thought now of anything but diEagree-
ment.
ic thA ,ini hat IorIax ,,ril1
prove firm to the end, and he may keep
Hoabird with him. The counsel for the de-
fense still stick to their asse :tion OF COM
ing acquttal. but Attorney Phalen says dis
agreement" as often as he says "acquittal."
The state is now looking for disagreement,
having small hope that Harley will agree to
a conviction, and certainly not to the death
Genaty. The states attorney is, however,
confident that the jury will be with him to the
extent of ten to two or eleven TO one. II
will have ten Of them, | feel sure" he said
tonight although 1t is possible that | may
have only nine-but nine will be for the state
without the slightest doubt. II a disagree
ment is the result of the trial, the case will
be tried again as soon as possible.
Mr., Deneen is hard fighter, and he smiled
grlmly tonight when asked il he intended to
try the case again. "Why, most certainly we
will" he said "and we will put up a
stronger case against him the second time
than we have on this trial Then, too, Mrs.
Luetgert will have had Just so much more
time in which to show up. and as OF course
she will not do that 1t will be worse for
Luetgert than It is now"
CROWD STEALS EVERYTHING.
The room OF Judge Tuthill, before
whom the Luetgert case was tried, is
the scene OF vandalism that has no
parallel in the annals OF sensational trials.
Certain OF the spectators took advantage of
the absence OF. the baillffs and Gle Knoch
and seized on every portable article OF sta
tionery Sections OF the improysed desks
used by the newspaper reporters during the
tedious ordeal were even carried of by the
morbid crowd. Fearing that the relic hunt
els would grow desperate and demolsh the
fixtures, a policeman was detailed inside the
bar. The few ornaments which remained
after the chamber had been abandoned we're
hastily removed across the hallway. The
gayel which Judge Tuthll has welded has
disappeared, Clerk Knoch had hoped to Sc
cure the rosewood mallet with an autograph
of the presiding judge on the handle for his
club and was sorely disappointed
m.