The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-10-22
LUE7GERT TESTFIES.
The Sausage Maker Under Oath
After His Jury Disagrees.
EOLEMNLY ASSERTS INNOCENCE.

j
Tho Expensive Trial VIII Now Havo
to Be Gope All over Again-Luer-
gert's Counsel VIII Urge His Adj
mission to Bail.
Chicago, Oct. 22.--The jury in the
Luefgert trial came into court yester-
: day and reported their inability to
agree, after having been out IS hours,
and were promptly discharged. The
: Jury stood as follows: For conviction
and the death penalty: Heickhold,
Body, Bibby, Mahoney. Behmiller, Hos
mer, Shaw, Franzen and Fowler. For
acQuittal: Harley, Holabird and Barber.
Standing last night in the gloomy
Jail adjoining the grim looking grey
ntone court building In which his re-
markable trial had at last been brought
10 a finish, the burly sausage manu-
eacturer capped the climax Of the eX-
lraordinary series Of events which be-
gan with his sensational bankruptcy
and the alleged frightful diabolism Of
boiling his wife to death at midnight
In vat In his factory cellar. Luet-
CERT made, under oath, a statement for
: the press concerning the fearful crime
charged against him, the first sworn
statement yet made by him. The affi-
davit was put in writing in due legal
form and ls certified to by notary.
Ex-Judge William A. Vincent, the
leading counsel for the defendant in
this celebrated case, the man to whose
brains, skill and energy Luetgert be-
you'd all doubt owes his great legal
I victory, gave consent to the affidavit
ssing made.
III, The scene In the Jail when Luet-
xert took the oath was as dramatic as
the circumstance was unique. In the
, i1imly lighted Jail corridor Luetgert,
standing erect and grasping the iron
bars that still kept him from liberty,
lifted his right hand and solemnly
assented as the notary administered
the binding form. Luetgert made the
afidavit without hesitation and signed
1t In ink with the hand that is al
leged to have committed one Of the
most f1endish crimes on record.
The affidavit explicitly declares Luet-
Eerts innocence. The document in full
Is as follows:
1.-THE result of my trial, ending today.
b victory for me because of the dis
agreement of the jury, but | am very
much disappointed and very much sur
prised that the jury did not bring In a
verdict of not guilty. ! did not kill my
wife, and do not know where she Is,
but am sure that 1t is only question
--Uf time until she comes home. I did
mot go upon the witness stand because
my lawyer Judge Vincent, was bit
terly opposed to my doing so and be-
cause he advised me it was not neces-
sary. l am grateful for the tremndous
change in public sentiment in my
favor, and time will demonstrate that
I am not only an innocent but q very
grievously wronged man.
Yesterday afternoon counsel for Luet-
gert gave States Attorney Deneen no.
tice that they would today make formal
application before Judge Tuthll for
the admission Of the prisoner to bail.
Judge Tuthill will be asked to fix the
amount of bail at $4,000, but Luetgert
viii enter court prepared to give bonds
Of 900 il necessary. States Attor-
ney Deneen was not prepared to say
whether or not he would resist the ap-
plication. The admission of the pris-
oner to bail is discretionary with the
court" he said. AFTER the applica-
tion is made in court I may express
my views upon the matter If the court
desires to hear them"
When the Jurors had received their
vouchers they were taken down to the
basement In an elevator and left the
criminal court building by way of a
rear entrance to the jail yard. The
Jurors left in squads Of four. 1t was
Eeluctantly admitted by several of
them that the disagreement was brought
about by a wide difference of opinion
regarding the rings found in the vat.
the testimony of Emma and Gottlieba
Schimpke and the testimony of Ken
Osha witnesses who positively testi-
fled that they saw Mrs. Louise Luet-
gert alive in the Wisconsin town on
May 8, 4 and s. Juror Harlev did not
believe the rings found in the middle
vat Of Luetgert's factory were Mrs.
Iuetgert's rings. Holabird was in
clined to believe the story of the Ken
osha witnesses, despite the impeach-
ing evidence introduced, and Barber
would not believe the strong evidence
given by the Schimpke sisters
The other nine jurors reached an
agreement on the evidence shortly after
noon Tuesday and voted together solid
ly from time to the close. Altogether
over 30 ballots were taken. 1t Is said.
For his services each of the Jurors drew
4116. During the eight weeks and five
days service each of the jurors had
made four demands for money. and
yesterday checks for S36 each were
handed to them In final payment.
1t Is quite probable that some prose-
crtions for perjury will result from the
Luetgert case. While the states at
torney refused TO affirm or deny this
1t Is given on first class authority that
the testimony of two Of the principal
witnesses for the defense was laid be-
fore the grand jury for investigation.
1t may be that more than two people
are included in the list, but 1t practi-
celly is settled that indictments will
be asked for against two probably be-
fore the Luetgert case can be reached |
for trial again. The two witnesses
asainst whom II Is said indictments
will be asked are William Charles. !
Luetgert's business partner, and Mary |
6iemmering. the domestic In the Luet-
CERT household.
'Yes, sir. we will try him again." said |
States Attocuey Deneen, when asked |
ms to the probability of Leutgert being |
brought before the court a second |
time. when we will get at 1t. how |
ever. Is something I cannot tell you
now. We have had nine weeks of this, |
and I must have a couple of weeks !
rest. After that we will look the ground |
over and get our evidence together. |
The case stands now with us as though |
there never had been trial, The sec
ond trial has no bearing whatever on |
the case Just closed" !
The trial Just ended In a disagree
ment has been most expensive one.
The expert testimony alone cost the
state $1,000, and the entire cost OF the
trial to the prosecution is estimated at
hetreen Sic 600 and SEQ 00O