The San Francisco call., 1897-10-06
Does Not Expect to Be
Convicted on Testi-
timony Given.
Now the Prosecution Will As
sail the Evidence of the
Defense.
An Attempt to Be Made to Demolish
Wife Was Seen in Wisconsin.

CHICAGO, ILL, Oct. 5.-Tbe end of the
famous Luetgert trial is nearer than was
thought. The defense to-day rested its
case, and there il nothing 10 come but the
rebuttal evidence OF the State and the
arguments of the attorneys-proba bly,
about two weeks In all. The State has
eighty witnesses 10 place upon the stand,
but States Attorney Daneen said this af-
ternoon that in most cases their evidence
will be short, and that he will get through
with them in hurry. He expects to
demolsh the stories offered by The wit
nesses for the defense that Mrs. Luetgert
was seen around Kenosha and Lake
z irich, Wis, within few days after the
murder is said to have been committed.
and to furnish other testimony that will
il a great measure hold up the side OF the
prosecution.
Soon after court convened ex-Judge
Vincent and Attorney Phalen asked per-
mission to consult with their client
privately. Judge Tuthill said they
might do so, and Luetgert and his law
yers retired to discuss whether or not
Luetcert should so on the winess-stand.
Ex- Judge Vincent vigorously opposed the
suggestion. He pointed out to Luetgert
that William Charles, his partner, had
told practically the story that Luetgert
would tell.
Attorney Phalen was inclined to favor
Luetgerts desire to go upon the stand.
He thought the big ,au sage-maker might
be able to explain some things more
satisfactorily than other witnesses had
done. He also believed that the absence
from the wltneSs-stand of the principal
actor in the great tragedy might pre- ju-
dice him in the eyes of the jury. Atlor-
ney Pnalen was willing to admit tie
logic of ex-Judge Vincenrs position, and
Luetgert said he would abide by his coun-
sells advice.
When the lawyers and Luetgert returned
from their consultation Luetgert's counte-
nance bore the expression OF a martyr.
The greatest disappointment OF the trial
10 him was apparently the fact that he
was not to be permitted TO testify in his
own behalf and address the jury as he haG
said dozens of times he would do.
The first witness called to-day was Henry
J. Cox of the United States Weather Bu-
reau. He came with charts and data to
prove that the night of May l, 1897, was
cloudy in Chicago and vicinity. This evil
dence was brought out by the defense to
counteract the testimony of witnesses who
had sworn that they stood across the
L
and saw Luetgert and his vie walking
toward the sausage factory.
Mrs. Mary Charles, wife of William
Charles, Luetgert's business partner, tes-
titled tnat upon several occasions Mrs
Luetgert ha1 said to her: II am coing
away. My husband has failed III business
and people will now point their finger at
me and say, She is the wife of the
sausage-maker who failed 1 cannot
stand that" On May / the witness said
she saw Mrs. Luetgert for the last time.
1t was about IL o'clock in the morning
Mrs. Luetgert again said she was Going
away and repealed that she could not
stand the disgrace he failure had brought
upon her family. "She turned away and
l never saw her again." concluded the
witness.
Mrs. Charles failed to identity the rings
found in the vat at the sausage factory as
those worn by Mrs. Luetgert.
Luetgert IS confident that he will be
acquitted. While apparently regretting
that he had not had the opportunity to
tell his story to the jury the big sausage
maker said he was satisfied that the iury
would not convict him unier the evidence
presented. Luetgert was in an ugly
humor during the afternoon and not in
cined TO talk much.