The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1877-09-14

Points OF the Testimony.
It will be remembered by our readers
that whenever any action has been taken
in the case, we have mentioned the result,
but have 80 far as we could consistently
with our duties as Journalists, refrained
from making comments or publishing the
evidence that might In any way tend TO
bias or prejudice the minds OF the COM
munity, and especially was this 30 amer
the prosecution had assumed q definite
shape, and 1t was apparent that there was
70 be q full and careful investigation Of
this matter.
While some OF our readers may have de-
sired . full report, IL must be remembered
that all who desire impartial justice to be
administered, could not but comprehend
the fact that such . course would have
rendered It almost impossible to obtain .
jury OF intelligent men, such alone rs should
be entrusted with the life or liberty OF Q
citizen. It Is known to all that II . per-
SON forms or expresses an opinion - TO
the guilt or innocence OF the defendant, he
ct once becomes disqualified to s1t as . ju-
ryman, and wishing to DO no one injus-
tice, or In any way retard the progress OF
the trial, we felt IL our duty to pursue the
course we did. But a. the trial has been
held, the reasons we have had for reserve
have ceased, and we deem 1t proper to
give . connected history Of the case, and
substance OF the evidence given before the
trial jury during last week and part Of
this.
On the morning Of the 10th OF June last
our city was the scene OF the widest ex-
element. Reports came that Return j.
H. Lutz had been murdered the night
previous, at his fathers farm on Dow
creek, about ten miles north OF our city.
But. little could be gathered as to the
cause or how the deed had been accom-
plished, except that his skull had been
fractured. As soon ~ the report was cir
culAted, very many Of our citizens repair
cd Ito the place where the unfortunate
young man had been stricken down.
As the Coroner resides several miles
southwest, and the waters were up, JUS.
tice Bachelor was called upon to conduct
the Coroner's Inquest. As soon. ~ the
parties reached the spot jury was sum-
moned and the investigation commenced,
T. N. Sedgwick, County Attorney, con-
Quoting It. Soon after commencing the
coroner. DIR. Chittenden, arrived and took
charge OF the case, this acting coroner as
sistIng In the investigation.
THE DECEASED.
The deceased was young man OF most
excellent character; quiet, intelligent,
unassuming. He won the love and es-
teem Of all with whom he became ac-
quainted. and 30 far as known, had NO en-
emies. His department was such that he
was pointed out as one worthy OF imIta-
tion.
THE PLACE.
As before stated, the scene OF the muir
der was about ten miles north OF this
place. Mr.. Lewis Lutz, one OF our most
esteemed citizens, was the owner OF the
farm. He had erected q small shanty,
twelve or fourteen feet square, for those
who were employed by MIN TO stay in.
The house was situated near the creek,
and but short distance from the timber,
and about q quarter OF a mile from the
road. A little to the southeast OF the
house was . well, and Immediately on the
bank Of the creek, to the west OF the
house, was the stable. Taking everything
into consideration, IL was avery favorable
location for any one who might desire to
commit so atrocious q crime.
The nearest house was that OF w. r.
Safer, with whom lived his two sons,
Charles K. and Albert, and his sen-In-
law, Henry @. Anderson, cultlyating y
part OF Mr.. Lutz's farm. Charles r. Me-
daris, . young man, worked for Mr.. Lutz
also. and lived at the shauty, and Return
had lived with him there when at the
farm.
THE INQUEST.
The coroner's jury was composed Of the
following named persons: Thsd. g. DA-
VisOn, Van r. Holmes, J. Il. Cowan, T.
Ryan, II. b. Lowe, A. 8. Smith.
II was jury that for intelligence, and
practical business capacity, could not
be excelled In our county. They were
nearly all from our city, and removed
from the neighborhood OF the murder,
that they might not be subject to sur
rounding influences.
Several witnesses were introduced, and
the body Of the deceased examined by the
attending surgeon, DIR. J. W. TIueworthy.
The weather was very hot, aud a. the
murdered man had not been washed or
dressed, IL became necessary to remove
the body from the house and place 1t In
ice.
The evidence Of the witnesses examined
will be deferred until where we come TO
the trial.
The jury, officers and witnesses, having
examined Ihe premises, concluded to ad.
jcurn to EmporiA for further investigA-
ton; but before adjournment sufticien
evidence had been introduced to seem {,
mako it necessary to arrest and confin
Henry G. Anderson and Charles K. Sal
fer, which was ordered, and they wer'
confined In jail.
On the following day the deceased wa
bnried. The high character Of the de
ceased and his family, and the enormIt
Of the crime, drew together the larges
number ever assembled in our city to II
ted funeral Tue deep sympathy man
ifested by ali. evineed how strong was tn
high regard In which he and his famil
were held. 1t was the FIRST instance Il
which o citizen OF our city had ever bee
murdered.
The investigation before the coroner
jury continued until the following week
June "a, Col. whitney, OF national reputs
tiOn Is United States detective, voluu
teered his valuable services and rendere
all the help he could. The evidence take
before that jury shows that the examins
ton was most thorough. Neither time
trouble or expense was considered.
was determined that II skill and the elol
est scrutiny could detect the guilty party
It Ahould be done. Up to Friday no def
mite proof could be obtained. TheI
seemed 70 be strong suspicious cireuu
stances against several parties, and it WI
then determined TO arrest Charles B. HI
dAris, and he was eonffned in Jail. Mr.
Aollie Anderson, wife Of H. G. Anderson
was also placed In custody OF Sheriff Coz
ner, and one or two OF the Safer men VI
der guard. This was done that thel
might not be any cOllusion between q
parties and their friends. The jury ha,
ing exhausted all the means in their pOv
or, returned the result OF their fnVeatisr,