The Providence news. (Providence [R.I.]) 1891-1906, 1897-10-19
Death Penalty Asked in
the Luetgert Case.
A FAIR CHARGE GIVEN.
Prisoner Expressed Confidence of
His Acquiltal.
RUMOR FROM THE JURY ROOM.

on the dial OF the courtroom clock indi-
Gated the hour of four. Mr.. Deneen rested
his elbow on the rail before the Jurors in
the Luetgert case Monday and said:
Gentlemen, Il has been said that AS
s.stant State Attorney McEwan did not
ask the infieton of the death penalty
This Is true. L don't think II is usually
within the province OF a state attorney
60 ask jury TO return such verdict;
but this crime liz so he,nous so cruel. so
wanton. that feel perfectly justified In
asking at your hands the extreme PEN
atty OF the law in the case Of Adolph
Luctgert:"..
The judge granted a recess and the
jury left the room Luetgert got up and
went out also for drink OF water In 10
minutes the jury returned. Judge Tut
hill swung around in his chair until he
faced the jury and. deliberately picking
up his notes on the charge. he began
their reading.
Judge Tuthiirs Charge.
Judge Tuthill Instructed the Jury as
follows: Before conviction can be had
in the case the state must prove beyond
reasonable doubt and to a moral GER
tainty first, that Louisa Luetgert Is
dead: second. that she came 10 her death
on the lst of May. 1897 in the county of
Cook. state OF Illinois; third. that
Adolph l.. Luetgert. the defendant, will
fully. maliciously. feloniously and OF
malace aforethought killed and mur-
dered the said Louisa Luetgert by some
or the various means charged in the in
dctment, or by means unknown The
burden of proof rests upon the prosecu-
tion to make out and prove to the salts
faction OF the jury beyond ali reasonable
coubt every material allegation i'm the
indictment; and unless that has been
done the jury should find the defendant
not guilty. y is not incumbent upon the
cefendant tc~irove that Louisa Luetgert
is alive, CT her whereabouts, or what be-
came of her. II II Is possible for you TO
reconcile the facts in this case upon any
reasonable theory consistent with the
innocence OF the defendant, II is your
duty TO do so and find him rot guilty.
"Ycu arc instructed. as n mntter OF
law, that II you believe from the evidence
beyond reasonable doubt that the de-
fendant assaulted and killed Louisa
Luetgert as charged under clrcum-
stances showing no considerable provo
malignant heart on the part OF the de-
fendant AID total disregard of human
life, then the law pronounces such kill
ing 10 he murder. and jury should so
find. II matters not that such evidence
Is circumstantial. or made up from facts
and circumstances. provided the jury
believe that such facts and circum-
stances pointing TO the defendants guilt
have been proved so that from a con-
s.deraticn OF all the evidence in the case
there is no reasonable doubt In the mind
OF the jury as to the guilt OF the defen-
eGant. Direct and positive testimony is
not necessary 20 prove the intent; II
nay be inferred from facts and circum-
eances shown by the evidence
mo man may be convicted Of n crime
until what Is known as the corpus deicti
has been established by the prosecution:
and unlegs you are convinced by the evil
dencc in the case beyond a reasonable
doubt, that Louisa Luetgert died at the
time charged IN the Indictment, and
also that she came to her death i'm man.
rer and form as charged In the indlct-
ment. In such case IL is your duty TO ac-
cult the defendant. To prove the corpus
delicti the state Ia required to produce
only such legal evidence as establishes in
the mind Of the jury. beyond a reasonable
doubt. a conviction that the murder
charged IN the Indictment has been, in
fact, committed in manner and form as
charged. and that the defendant is
guilty of It's ccr1mission; and it matters
not IL the proof OF such corpus delicti con-
sists In whole or In part Of circumstan-
tial evidence provided n Is sufficient 10
satisfy the minds OF the Jurors beyond
q reasonable doubt of the commission OF
the offense charged.
while the statute OF the state provides
that person charged with crime may
testify in his own behalf. he is not under
any obligations to do so, and the statote
expressly declares that his neglect 10
testify shall not create any presumptirn
against him."
Silence as still as death pervaded the
packed room while the Judge was read
ing his instructions. His voice was GEAR
and strong. and even the throng which
was wedged into the corridor outside
heard every word. When Judge Tuthill
ceased reading and reached for the DIFF
ferent forms of verdict that had been
prepared. there was a movement in the
courtroom.
Men and women swayed backward
and forward. and in a minute or two
every person in the room was stanGing
on seat. The baillffs did not attempt
% make them take their seats. Luet-
CERT sat looking at the court with his
eyebrows wrlnklcd and his face settled
into the scowl which has marked II from
the beginning. In couple OF minutes
the crowd had become quiet. Then Judge
Tuthll read the different forms of ver-
diets. which included one for murder pro-
vidIng for the death penalty. another
fixing the penalty at life Imprisonment
the third providing FOR term ~ inn
prisonment OF not less than ~ years. and
the fourth was for mot guilty" As
Judge Tuthill finished the reading he
looked up AT the Jury and said
Gentlemen. you may retire aud con-
slider ye-sfr-verdlCt." 4
'Uprosr In the Courtroom
Immediately there Mas ati uprOsr In
the courtroom People Who had been