The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-19

him look which combined malice,
scorn and disgust In unspekable guam
titles,
THE JURY INSTRUCTED.
In ten minutes the jury had returned
and court was again in order. Judge
Tuthlll swung around in his chair until
he faced the Jury, and deliberately pick
ing up his notes on the charge, he be-
| gan their reading
Judge Tuthill instructed the Jury as
| follows:
Before conviction can be had In
this case the state must prove beyond
reasonable doubt and TO a moral cer-
tainty, first, that Louisa Luetgert Is
decd; second, that she came to her
death on the first of May, 1897, In the
| county OF Cook, State OF Illinois, Third
] that Adolph l.. Luetgert, the defend
ant, wilfully, mallciously, feloniously
and OF malice aforethought, killed and
murdered the said Louisa Lnetgert by
some of the various means charged In
the indictment, or by means unknown
The burden OF proof rests upon the pro-
secuton TO make out and prove to the
satisfaction bf the jury, beyond all rea-
| sonable doubt, every material allegation
in the indictment, and unless that has
been done the jury should find the de-
fendant not guilty, 1t Is not incumbent
upon the defendant 20 prove that Lou
| isa Luetgert Is alive, or her where
abouts or what became Of her. II It is
possible for you to reconcile the facts in
this case upon any reasonable theory
consistent with the innocence of the de-
feHdaHt, II Is your duty to do So and to
find him not guilty.
"You are instructed as matter OF
law, that II you believe from the evil
dence beyond n reasonable doubt that
the defendant assaulted and killed Lou
lisa Luetgert as charged, under ctrcum-
stances showing no considerable prov
ocation, but showing an abandoned and
malignant heart on the part OF the de-
fendant and total disregard OF human
life. then the law pronounces such Kill
Ing to be murder and jury should so
find; II matters not that such evldencd
is circumstantfaf. or made up from factt
and circumstances pointing to the de-
that from consideration Of all the evil
dence In the case, there is no reasonable
! doubt In the mind Of the Jury as TO the
guilt of the defendant. Direct and pos
| tive testimony Is not necessary to
prove the intent. II may be inferred
| from facts and circumstances shown by
the evidence.
mo man may be convicted OF crime
until what Is known as the corpus dellcti
has been established by the prosecution;
and unless you are convinced by the evi-
dence in this case, beyond reasonable
! doubt. that Louisa Luetgert died at the
time charged in the indictment, and also
| that she came to her death In manner
| and form as charged In the Indictment.
| In such case II is your duty to acqulI
| the defendant.
ITO prove the corpus deflcti, the state
| Ia required to produce only such legal
evidence as establishes In the mind OF
| the Jury, beyond reasonable doubt, q
conViation that the murder charged In
! the indictment has been, In fact, COM
mitted, In manner and form as charged,
and that the defendant Is guilty of Its
commission; and Il matters not that the
proof of such corpus delicti consists In
| whole or in part. Of circumstantial evil
denrc, provided It Is sufficient to satisfy
the minds OF the Jurors. beyond a rea-
| sonable doubt, of the commission of tho
ofrenae charged
while the statute of the state pro
yldes that person charged with crime
may testify In his own behalf, he Is not
| under any obligations to do 10, and the
statute expressly declares that his ne
glect to testify shall not create any pre-
sumption against him."
Silence as still as death pervaded the
packed court room while the judge was
reading his instructions. His voice was
nd md fhn fhTnnu
which was wedged into the corridor out
side the court room heard very well.
The Jurors stood and listened to every
word attentively.
When Judge THthill ceased rendinq
and reached for the different forms n
verdicts that had been prepared, therd
| was q movement In the court room
| Men and women swayed backward and
| forward and In n minute or two every
person In the room was standing on n
seat. The baillffs did not attempt 10
make them take their seats and for oncd
| the rap Of the bnillff's hammer was not
heard. Luetgert looked at the courl
with his eyebrows wrlnkled and his face
eettled into the scowl which has marked
| 1t from the beginning.
FORMS OF vERDTcTs.
| In a couple Of minutes the crowd had
become quiet. Then Judge Tuthlli read
tho different forms of verdIcts, which
Included one for murder, providing for
| the death penalty, another fixing the
| penalty at life imprisonment, the third
| provided for n term OF imprisonment of
| not less than fourteen years, and the
] fourth was for mot guilty"
AS Judge Tuthlll finished the reading
he looked up at the Jurors and saidl
| "Gentlcmen, you may retire and con-
slider your verdict"
| Immediately there was an uprOar In
| tho court room. People who had been
sitting arose to their feet, and the shout
| OF the balllffs ordering every one TO "sit
| down" awaited nothing, The crowd
surged forward ana took up every inch
OF space to where The circular fence
barred them from the attorneys, Wo-
men almost tainted In the crush and
! their costumes and head-gcar suffered,
The crowd seemed to want to got nearer
Luetgort All wanted to SEQ how the biz
aausaRe maker atoed The llnAl ordeal
now that his case was In the hands Oi
| the Jury While the tumult was going
on bniftffp Conror and Woicott wcfd
nworn In by the clerk 10 tnlSc charge Of
| the Jury when the twelve men march
| cd out Or the room moment later 20 the
Jury room adjoining Sigh Of relief
] went up from the excited thronE. Judge
Tuthll ordered the room cleared and
announced that he would adjourn court
HHtii O'Clock Tonight hut that he
would be Within easy call of the court
room during hs absence In case hll
presence was deFlFed
Luctgprt STOOD near whore he had
been sitting most NJ The time for
[ nnnIhn nnd wnniLn after the thfY fe.