The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-08-18

explanation Of his presence in the base
ment on the night Of May l, his use o
! the vat and the chemicals was that n
) was making some experiments along ;
new line in the manufacture OF product
and also trying TO determine what th'
fault was in the manufacture Of guam
tity OF black sausages which had been re
turned TO the factory as unsatisfactory.
Lustgert was indicted by the grand
jury June 4. and June 80 Judge Gibbons
before whom the prisoner was taken or
writ of haoeas corpus for the purpose
of securing bail, rendered the following
decision after hearing much testimony
Ho ware We TO account for the disap-
pearance Of Mrs. Lue:gert on the nigh,
or May l upon any other rational hypo-
thesis from the und:sputed and unex-
PLAYABLE facts as they arise in the evil
dence than that her body was destroy
| ed in the vat in question? Here
We have, in the possession and under
control Of petitioner, a human agency
capable Of dissolving or destroying The
BODY OF person in two or three hours.
This agency is put in motion by the
petitioner coexistent with this fact of
Mrs. Luetgert's disappearance. The
next day the night Waterman found the
! hose turned on IN this tank and its con-
! tents flowing over, a circumstance. when
unexplained. which tends to show that
I-uetSert did not want and did not need
the solution for any experiment connect
ed with his business. The police in
| cleaning out the tanks discovered two
nh
by Mrs. Luetgert prior 20 her death or
prior 20 her disappearance. On one Of
them the initial letters Of her name
were engraved, and for the purpose OF
hearing such as this il may De said
That the rings were fully identified as
those worn by Mrs. Luetgert. The tes-
timory tends 10 prove that the tank had
not been used for some weeks prior 10
May l, and that t was cleaned out after
!; was used; that in washing il out a
quantity OF crumoled bone was found,
whether the bone OF a human or OF an
animal cannot be determined. But if
the testimony be true that the tank was
cleaned out after it was used II may be
lesitimately inferred that the particles
found were human bones.
There are many facts OF minor detail
which l have not attempted TO summer
ize. which tend 70 lend consistency and
force to the principal fact, and from all
the circumstances I am irresiS.ibly fore
ed to the conclusion that petitioner
ought to be held without bail. If it ulti-
mately transpires that an irreparable in
jury has been inflicted upon the pet
toner he cannot blame any one but
himself
The object OF issuing a writ Of habeas
corpus in this class Of case is 10 give an
opportunity TO petitioner to explain
away the prima facie presumption of
guilt from the Indictment, because an in
dictment, although no evidence Of guilt,
wlen a person accused is put on trial is
presumptive evidence of guilt UP 70
that time, when person indicted is
given an opportunity TO refute such pre-
sumption. The petitioner has offered
no evidence explanatory Of any facts or
circumstances appearing against him,
and as I will be compelled to submit the
csse TO a jury of twelve men upon the
unexplained testimony before me, 1
must refuse bail, reserving the petition
bail before this or any other court hav-
ing jurisdiction in the matter, if ne sees
fit to offer testimony.
Luetgert was plainly disappointed at
the refusal Of the court, but went back
to his cell without giving any indication
that he would take advantage of the
courts offer.
Shortly after Luetgert was sent to
Jail the New York World printed long
and circumstantial story, on the author
ity Of 4. ". c. Gotty of IA West One
Hundredth and Fifteenth street, which
msed 10 give an entirely new turn
to the case Gotty's story was briefly !
this: He had formerly lived in Chicago /
and had known Mrs. Luetgert when she |
was still Louise Bicknese-in fact, vas /
al one time a sutton for her hand. May /
Z, Mr.. Gotty, accompanied by Richard |
L. Shulhof of 163 Mercer street and Ru- |
dolph Shinzky of 90 Prince street, were /
in Cooks Agency, n lower Broadway. /
when two women approached, one OF I
whom ne instantly recognized as Mrs. /
Luetgert. He asked her when she came /
10 New York. and she replied that she
had Just arrived. He introduced her 10 /
his companions and invited her to dine |
with him, but she declined on the /
ground that she was about to leave New
York. He noticed at the time that she
appeared somewhat excited, but paid no
great attention TO t. After short COM
conversation they parted and
he thought nothing more of / until some
days later ne read an account Of the dis
appearance and supposed murder Of
Mrs. Luetgert on the night of May l.
The newspaper story contained long
interview with Mr.. Grotty, in which he
described the meeting with great detail,
and added that subsequently. when ne
placed the newspaper picture OF Mrs.
Luetgert beside a photograph Of her
winch he had in MS room. the chamber
maid recognized the pictures as those Of
a woman who had stopped at the Occi-
dental hotel. where she was employed
the first week in May.
From this servant Mr.. Groa-y claimed
to have obtained clew which led him
TO visit the steamship agency OF Falck
& Co., Grand street and the Bowery.
where he learned enough 10 satisfy him
that Mrs Lus,ge-t. or 3 man who was
with her. purchased tickets for Europe.
May Z. The agency's books showed thac
tickets for Hamburg were sold on that
late 70 Mr.. and Mrs. Emil Bruckne-,
md Mr.. Gro:,y called attention 70 the
similarity Of that name wiki Nrs. Lust-
yeri's maiden name. This story. watch
vas ;elegraphei 10 Chicago. was very
20 those who had held views
hat Mrs L1e:gert had simply gone
AWAY AMI could not therefore possibly
lave been murdered. The prisoner
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