The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-20

ORDEAk.
Another Night Of Suspense For the
Alleged Wife Murderer.
JURY CANNOT REACH AGREEMENT.
Indications That the Long and Expensive
Trial VIII End In the Discharge OF
the Jury without Result. Re
ports From the Jury
Room.

Chicago. Oct 20-Another night Of
suspense has been passed by the defend
ant in the Luetgert case. At 9 o'clock
last night the members of the jury
went to bed on cots, which were placed
in the court room, and it was an
nounced by Judge Tuthill that, even
though by one chance in a million the
Jurors would wake up and agree upon
a verdict, there would be no announce
ment, and the court room would under
no circumstances be opened until 10
o'clock this morning. A few minutes
after 8 o'clock Judge Tuthill appeared
at the criminal court building and be-
ing admitted alone, passed quickly up
stairs giving positive orders that no.
body should be admitted to the building
under any circumstances. Within a
few minutes after he had issued these
instructions Attorney Phelan, the ju-
nior counsel for the defense, put in an
appearance and demanded admission.
He was promptly refused, and it took
all OF his powers Of persuasion and ar
gument to get past the guard at the
door.
Judge Tuthill went directly to the
court room, where he was told by the
bailiffs in charge of the jury that sew
eral of the jurymen were almost ex-
hausted by the ordeal to which they
had been subjected, and that If they
were not allowed some rest It would
certainly result in some of them be-
coming i'll. The jury also sent word
that there was no immediate prospect
Of an agreement, and under the cir
cumstances the judge gave orders that
they be permitted to drop the case and
go to sleep. The cots We're quickly
dragged into the court room. and with
in a few minutes every juror was
stretched out at full length, and al
consideration of the case was off unit
they should wake. Judge TuthiIl, aftea
giving directions that all things pos
sible should be done for the comfor
of the jury, left the building for his
home.
"They have not agreed as yet" he
said when he left the court house
"and when l became convinced that
there was little prospect Of their doina
so. and saw how weary some of then
We're, I told them to go to sleep ant
try to agree in the morning. Their,
would be no use in keeping them VI
all OF the night, because in the frs
place two or three of them would b.
I'm a short time utterly incapacitated b.
fatigue, and no agreement could b.
obtained from men who are nervous
from loss of sleep and exhausted will
argument. When I came to the cour
had no idea that a verdict would b
reached, but / was anxious to do al
could for the comfort of the jurors
That was really the cause of my visi
to the building"
States Attorney Dencen remained II
his Office until all hope Of verdict ha,
/ been abandoned, and then he closed VI
his rooms and went home. He is still
! hopeful of a verdict but naturally look
upon a disagreement as the most likel,
outcome.
There were rumors of all kinds afioa
during the evening, all Of them beinl
to the effect that the friends Of Luet
CERT on the jury were weakening. /
was known during the day that tn
vote stood eight to four, and last nigh
! the rumors were that 1t was ten for tn
death penalty and two for acquitta
A later story was that it stood II 70
! hanging and one FOR acquittal. Juro
Harley is admitted to be the stou
friend Of Luetgert on the jury, an,
1t is he who is leading the fight 70
an acquittal.
over in the jail Luetgert was durinl
the evening anXiously awaiting wor,
| from the jury room. He tried as usua
to keep up an appearance Of fndiffer
! ence, and as usual made a failure of 1t
III they don't agree" he said 'T ge
! bail and I will be out of this. / car
give bail for a million if they want tha
much. My wife is living somewhere
but / admit she is having a lot Of fun
with me at present. There is one thin
| sure" said the prisoner, with grea
positiveness, there win be no con
viction in this case. 1t win be an ac
quittal or a disagreement"
Four Jurors who have been standing
out for acquittal are Behmiller, Bar
ber, Holabird and Harley. The tw
latter are still for acquittal, but eithe
Behmiller or Barber has come over L
the state. There Is much feeling agains
Harley among the jurors who favor tn
death penalty. They say he viii no
argue the case in any way, but stick
solidly for Luetgert.
There This is Just the Thing.