The Valentine Democrat. (Valentine, Cherry Co., Neb.) 1896-1898, October 28, 1897, Image 5

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McKilt Bros
P O Brownlee Xcb
Bight or left Mdo
Horses same on
left shoulder i
i Earmark Swal
low tail clip right
or left car
Range Big Creek
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W I
Hi
John H Ham an
IBMgVM
Brownlec Neb
Also and
AE be
s
Horses on left
shoulder
Range Goose Creek
and Rorth Louo
Marshall Wolfenden
Kennedy Neb
Some s on the left
liin
Horses Son left
shoulder
Krand is small
Karmark Quarter
clip behind half cir
cle forward on leit ear
Range Lone Tree
Lake
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fen
Louis F Richards
yB I Mcrinmn Xeb
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TilTi irilfi m mi iir iFr
Charles Richard
iMcrrimnii Neb
Rosebud S D
Horses
Cattle hole in
each ear
Range Big and
W R Kissel
Brownlee Neb
Also some below
lett Inn
AlSO
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right
hip
Range Kissels
Runch
Thomas Farren
Rosebud S D
ID 1183 either left
3ide or hip
F onlert
Horses
sll0uler
Range head of
Antelope
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Wheeler Bros
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Cody Neb
Range on the Snake
River and Chamber
lain flat
Louis J liichards
Merrimau Neb
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Charles H Faulhaber
S
Paul Didier
Little white Rivers
Brownlee Nebr
Either right or left
side on cattle
Horses same on
left shoulder
Left ear cut off of
cattle
Range Loup river
IDGJ
Charles C Tackett
7 I
Rosebud 5 D
Range head of An
telope near 3t Marys
mission
Horses brandpd
on left thigh
William F Schmidt
Rosebud S D
On left side
Horses branded
same on left hip or
shoulder
Range on Horse
Creek
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John DeCory
JXD
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Rosebud S D
Some branded ID
417 on left side
Horses JD on left
hip
hange in Meyer Co
ou Antelope Creek -
S H Kimmel
Rosebud S D
Also B4U on left
side
Cattle undercut on
both ears
Horses branded 4
on left shoulder
Range on Antelope
ndHprinc Creeks
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JURY FAILS TO AGftEE
FAMOUS LUETGERT MURDER
CASE ENDS IN A MISTRIAL
Jury Was Out Sixty six Hours and
Stood on Last Ballot Nine to Three
for Conviction Isew Trial Will Be
Necessary
End of the IrOng Sicee
The great Luetgert trial in Chicago the
most absorbing criminal prosecution of
the century ended in a disagreement of
the jury For sixty six hours the jury
tried in vain to reach a verdict For thirty-eight
hours the vote was 9 to 3 for
conviction and at 1040 oclock Thursday
forenoon the twelve men announced an
irreconcilable disagreement and Judge
Tuthill being convinced that it was use
less and inhuman to attempt to force a
verdict reluctantly ordered its discharge
The twenty second and last ballot stood
nine for conviction and three for acquit
tal This was irrespective of any ques
tion of the penalty which had to wait on
the jurys decision as to the guilt or inno
cence of the prisoner The big sausage
maker the center of a series of the most
dramatic episodes in the annals of crim
inal procedure will have to go through
this experience a second time for he will
be put on trial again for the murder of
his wife
The closing events of the famous trial
made up a scene of not more than eleven
minutes duration But a 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
a tangle of deep furrows extended across
his brow A keen swift look shot from
beneath his shaggy gray eyebrows and
his glance seemed to take in at a Hash that
the supreme moment in his fate had arriv
ed As he came in from the jail a battery
of eyes threw at him looks whose signifi
cance expressed all degrees of curiosity
In his walk his manner his mien con
straint was there and the anxiety that
sent the blood from his cheek and put a
purple tinge on his lips was visibly shared
in by his counsel
Coiut was opened and the jurors noti
fied to appear Nearly three days of
wrangling loss of sleep and the close con
finement had worked a wonderful trans
formation on them They entered the
room with lagging steps and sank into
their chairs a woe begone looking crowd
ADOLPHT LUETGERT
i i
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
interrogated 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
ble criminal cases of the century The
trial was in progress nearly nine weeks
and cost the State of Illinois over 15
000 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 the jury box where
every fact and incident of the trial has
been followed with engrossing scrutiny
It is probable that a poll of all those who
have given intelligent consideration to
the testimony and the law as laid down
by the court would present a division of
three to one in favor of a conviction The
proportion of those who believe in the
prisoners guilt is probably much greater
But belief in guilt and convicting a pris
oner 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 vould
press for another trial but when he did
not know ITe 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 of the evidence
of the heinous murder would be the rings
It was the rings that fortified the ma
jority in the jury in its demand for the
conviction of Luetgert Attorneys Vin
cent and Phalen said they were ready for
the new trial whenever it might be held
They said they would present a far strong
er defense than before Luetgert said
he was anxious for another trial and con
fident it would be ended in his acquittal
lie charged the failure of securing a ver
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
i competent jury in Cook County on
of the publicity given to the pro
ceedings of the trial just ended It is
therefore possible that Luetgert may uev
r be tried again
Luetgert said he was not surprised that
Ill jury disagreed and that he was confi
ijmi no verdict would be made tweuty
rrr hour before He was not taken by
surprise when he heard Foreman Heich
hold announce that no verdict had been
ihide and none was likely to follow
NeUher was it a surprise to him when
vely man hi 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 seenied as if
the discharge of the jury was the only
thing justified by the situation Luetgert
was tni n asked the same question by
Judge Tuthill and he agreed with his at
torneys States Attorney Deneen said
JURORS IN THE LUETGERT TRIAL
Jy
l Bibbv n T E Fowler Jr
2 Henry Franzer G S S Barber
8 J S Shaw 7 Jame Ilosmer
4 J Mahoney Secretary S J ii Boyd
he thought it was apparent that the jury
could not agree Not once however did
the jurors ask to be discharged They
were a determined set of fighters and
they looked for no interference on the
part of the judge in whose discretion they
might have been released at any time
In the interviews given by members of
the jury they said they paid little atten
tion to the bones Although the battle
of the osteologists was the great feature
of the trial the sesamoid femur and
other bones which were introduced in evi
dence as portions of Mrs Luetgert and
over which the battle was fought were
not considered by the jurors They were
cast aside as having no weight in prov
ing guilt To the way of thinking em
ployed by several of the jurors the work
of impeaching the Schimpke girls and
Nick Faber was fruitless There were
those in the jury who gave credence to
their testimony that they saw Mrs Luet
gert with her husband going toward the
engine room of the factory that night
Greater however than all of the evi
dence was that of the rings The ab
sence from the smaller ring of any mill
ing was the point that did most to keep
the three jurors strong in their assertion
that Luetgert was innocent Nearly all
of the witnesses said the small ring had
a milled edge when they saw it with Mrs
Luetgert while the one in evidence had
a smooth outer surface And when it was
all ended an encomium of Inspector
Schaacks methods issued from the jury
room With the exception of Foreman
Heichhold who wrote this peculiar docu
ment in w hich Schaacks manner of secur
ing evidence was commended most of the
jurors denied any knowledge of signing
such a document They admitted hav
ing signed resolutions of thanks to Judge
Tuthill and the court officers but exhibit
ed no knowledge of the last paragraph
which sounded approval of the north side
police inspector
Were it not for Juror Harlev it is as
serted by many of the other jurors a ver
dict of guilty Avould have been rendered
Harlev was convinced of Luetgerts in
nocence and he voted for acquittal on
every ballot His positiveness was a prop
and support to Holabird and Barber who
voted with him on every ballot When
he left the court building he was cheered
by the crowds in the street who distin
guished him as the one who was immova
ble in his belief of the prisoners inno
cence
After nearly two months of legal con
tention the case goes upon the records
to be cited as another of the historic mur
der trials of the century The celebrity
of this sensational case has been partly
due to the extraordinary character of the
alleged crime as described by the State
and partly to the unusual developments
of the trial itself The State had before it
tlje difficult task of evoking the image of
Mrs Luetgert from a few bones and two
gold rings To connect the dead woman
with the accused it then had to present to
the jurors a story which naturally wouid
seem hard to believe and in proof of
which it had only circumstantial evidence
msmm
IlifMHri W
Mis TUETGEKT
to offer Experts were called in to iden
tify bones and debris and then these gen
tlemen were promptly met by experts for
the defense who were able to deny the
possibility of such an identification This
feature of the case more even than the
length of time consumed and the endless
technical discussions will call attention
again to the marked inferiority of Amer
ican criminal procedure as compared with
that abroad There was a waste of time
and money and there was an unconscion
able waste of words There were times
during the testimony of the experts when
the recondite investigations into science
becametalmost farcical and made this
9 William narlev
10 James H Holchold Foreman
31 J P Behmlller
32 Louis Holabird
grave case a subject of jocular mention
throughout the country
As a result of all this the jury when it
retired for a consideration of the law
and the evidence found it impossible to
unite ou any verdict satisfactory to all
of the twelve men After spending sixty
six hours in heated discussion a majority
numbering nine men gave up the attempt
to persuade the other three that Luetgert
should be convicted and Judge Tuthill
let them all go home
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 a lingering
doubt in many minds that would operate
powerfully on a 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 bejond 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 its hideous evidences of criinf
told the truth
MKINLEYS IMAGE IN BRONZE
Medals Now Beinp Struck Off the
Philadelphia Mint
Bronze medals bearing the likeness of
President McKinley are being rapidly
struck off by the mint and soon the whole
issue will have been finished This work
is being done in accordance with an an
cient custom that has prevailed ever since
the time of Washington The medals are
very valuable inasmuch as the supply is
1 JlWmi
THE MKIXTKY MEDAT
I
limited and the demand is large Some
collectors have complete collections of
these medals from that showing the pro
file of Washington to that showing the
profile of Cleveland Several of the med
als already struck off have been sent to
the President for himself and the mem
bers of his cabinet The profile of the
President is an excellent likeness On
the reverse side is the date of the inau
guration Large orders for the medals are
expected and the receipts are for the ben
efit of the mint earnings
Sparks from the Wires
Weyler it seems drew a blank and
Spain a Blanco
The Central railroad buildings at Ma
con Ga were destroyed by fire Loss
i7r000
A C Deuel aged 75 for forty years
superintendent of the public schools of
Lrbana Ohio was killed by a freight
train
President Gompers has issued a call for
the seventeenth annual convention of the
American Federation of Labor at Nash
ville Tenn to begin Dec 13
The auxiliary yacht Utowana has been
sold to Allison V Armour of Chicago a
member of the iNow lork lacnt Club
who has for years owned the steam yacht
Ituna
The coroners jury in the inqueset upon
the death of Cashier Struble of Shepherd
Mich rendered a verdict of suicide The
verdict was reached after eighteen hours
deliberation
Forest fires near Austin Pa are under
control after burning 200000 worth of
timber The northern part of Cayuga
County N Y is ablaze and great dam
age has been done
The complaint of Mortimer Hendricks
of New York City against the Manhat
tan Railway Company alleging that its
directors had unlawfully paid out 3000
000 has bees dismissed
United SUies Commissioner Tunison
decided to hold Karl A Karlsehn who
shipped as carpenter on the British ship
Favonius to Rio Janeiro from Pensacola
Fla charged with the burning of the ship
at sea
John Harris shot and killed George
Kebo an escaped convict at- Keokuk
Iowa Kebo is Harris son-in-law but
was not living with hi3 wife Kebo broie
into the house and fired at Harris who
killed him
The Cleveland express on the Cleveland
and Pittsburg Railroad ran into a shift
ing engine in the West Park Allegheny
Pa Ross Griffin fireman was fatally
hurt and a number of passengers were
cut and bruised
PLAIN OR FANCY
P
RINTINQ
JOO X X XXff fefo
wwm
QUICKLY 3i
CPECIALTIES
o
BILL HEADS LETTER HEADS
NOTB HEADS STATEMENTS
- ENVELOPES INVITATIONS
PROGRAMMES MBmfSk
LAROB POSTERS BUSINESS CARDS
SMALL POSTERS CALUNQ CARDfj
SALE BILLS ETC CHROMO GARDSi
Notary Publi
1
W E HALEY
Eeal Estate
ABSTRACTER
Valentine Nebraska
1000000 Bond Filed
Office in P O Building
J
The DONOHER
Has recently been refurnished and thoroughly renovated
making it now more than ever worthy of the
reputation it has always borne of being
THE MOST COMPLETE
AND COMFORTABLE HOTEL
IN THE NORTHWEST
Hot and Cold Water Excellent Bath Room Good Sample Room
M JT nONOHEU Proprietor
Qherry Qounty Bank
Valentine Nebraska -
Every facility extended customers consistent withTconservative banking
Exchange bought and sold Loans upon good security solicited at reasonabls
rates County depository
E SPAEKS President CHABLES SPARKS Cashier
B
ANK OF VALENTINE
C B CORNELL Freaidmnt
JU V NICHOLSON Caahier
Valentine Nebraska
A General Banking Business Transacted
Buys and Sells Domestic and Foreign Exchange
Correspondents Chemical National Bank Now York First National Sank Osaataa
CITIZENS - MEAT - MARKET
GEO G SCHWALM PROP
This market always keeps a supply of
FISH AND GAME
In addition to a first class line of Steaks Roasts Dry Salt Meats
Smoked Hams Breakfast Bacon and Vegetables
At StsttersOld Stand on Main Street
VALENTINE NEBRASKA
THE PALACE SALOON
HEADQUARTERS
WINES LIQUORS and CIGARS
Ol the Choicest Brandi
Valentine Nebraska
Remember
that this office is fully prepared at all times to turn out
on the shortest notice in the most artistic and
workmanlike manner all kinds of
s
vJob Print injp