Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-19

fore court opened.
Considerable disturbance was caused by
the constant arrival of spectators in the
already oyercrowded room. and 1t was
nearly five minutes, during which time
about thirty people were ordered out OF the
room, before the states attorney, appar-
emily much refreshed by his rest, resumed
his remarks to the jury.
States Attorney Denecn continued to dis
cuss the evidence for two and Il half hours.
His voice grew stronger as he proceeded.
Just before the hands on the dial of the
courtroom clock indicated the hour of 1.
States Attorney Deneen rested his elbow
on the rail before the jurors. Running his
eyes along each of the twelve men. he
said:
Gentlemen it has been said that As
sistant States Attorney McEwen did not
ask the iniiiction of the death penalty.
That is true. / do not think ii is usually
within the province of states attorney
10 ask jury to return such a verdict.
But this crime is so heinous. so cruel. so
wanton, that | feel perfectly justified in
asking at your hands the extreme penalty
OF the law In the case of Adolph l.. Luet-
CERT"
a buzz of comment ran through the
courtroom as the states attorney finished
his address. and he was congratulated by
n few friends who sat near him.
The judge granted an impromptu recess
and the jury left the room. Luetgert
got up and went out also for a drink of
water. When he returned. passing Inspec-
tor Setback. who was leaning against a
pillar inside the circle he cast upon him
a look which combined malice. scorn and
diSsuest in unspeakahle quantities.
In ten minutes the jury had returned and
court was again in order. Judge Tuthil
swung around in his chair until he faced
the jury. and, deliberately picking up his
notes on the charge, he began the read
ing.
Judge TuthiII's Charge.
Silence as still as death pervaded the
packed courtroom while the Judge was
reading his instructions. His voice was
which was wedged into the corridor outside
the courtroom heard every word. The jur-
ors stood and listened to every word at
tentively. The charge was as follows:
Before conviction can be had in this
case, the state must prove beyond reason
able doubt and to moral certainty, first.
she came to her death on the first of May.
1871 in the county of Cook, state of Illinois; &;
third, that Adolph l.. Luetgert. the defend
ant, willfully. maliciously. feloniously and
OF malice aforethought, killed and murder
ed the said Louisa Luetgert by some of the
various means charged in the indictment.
or by means unknown. The burden of
proof rests upon the prosecution TO make
out and prove to the satisfaction of the
jury. beyond all reasonable doubt, every
material allegation in the Indictment: and
unless that has been done the jury should
IND the defendant not guilty.
1t Is not incumbent upon the defendant
to prove that Louisa Luetgert is alive. or
her whereabouts, or what became of Eer.
Ii it 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 not guilty.
You are instructed. as n matter of law,
that if you believe from the evidence. be-
yond a reasonable doubt, that the defend
ant assaulted and killed Louisa Luetgert
as charged. under circumstances showing
no considerable provocation, but showing
an abandoned and malignant part on the
part of the defendant and total disre-
gard of human life. then the law pro-
nounces such killing to be murder. and a
jury must SO find. 1t matters not that
such evidence is circumstantial or made
up from facts and circumstances, provided
the jury believe that such facts and cir
guilt, have been proved, so that from a
consideration of all the evidence in the
case: there Is no reasonable doubt in the
mind of the jury as to the guilt of the de-
PENDANT. Direct and positive testimony is
not necessary TO prove the intent. 1t may
be inferred from facts and circumstances
shown by the evidence.
Corpus Deficit Must BE Proved.
mo man may be convicted of crime un-
III what is known as the corpus deficit has
been established by the prosecution. And
unless you are convinced by the evidence
IN this case, beyond a 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
Is your duty to acquit the defendant. ..
Ic prove the corpus delicti, the state is
required to produce only such legal evil
cence as establishes, in the mind of the
Jury, beyond reasonable doubt. con-
vlction 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 its commission; ard
II matters not that the proof of such corpus
celicti consists in whole or in part of cir
eumstantial evidence, provided it is suffi-
Gent to satisfy the minds of the jurors,
beyond reasonable doubt, of the commis-
sion of the offense charged.
While the statutes of the state pro-
vide that person charged with crime may
testify in his own behalf. he is not under
any obligation to do SO. and the statutes
expressly declare that his neglect to testify
shall not create any presumption against
him.
When Judge Tuthill ceased reading and
reached for the different forms of verdie;s
that had been prepared, there was a move
swayed back and forward, and in a min
Ute or two every person in, the room was
standing on a seat. The bailiffs did not at
tempt to make them take their seats, and
for once the rap of the bailiff's hammer
was unheard. Luetgert sat looking at the
court, with his eyebrows wrinkled and his
tace e,. settied q INTO the scowl which has
marked 1t from the beginning.
In a couple of minutes the crowd had be-
come quiet. Then Judge Tuthill read the
different forms of verdicts. which included
penalty. another fixing the penalty at life
iraprisonment. the third provided for d
teen years, and the fourth was for mot
guilty.
Case Given to the Jury.
AS Judge Tuthil finished the reading. he
looked up at the jurors and said: Gentle
dict"
Immediately there was an uproar in the
courtroom. People who had been sitting
al ose to their feet and the shouts of the
aValled nothing. The crowd surged forward
ana took up every inch of space to wher,
the circular fence barred them from the at.
tc1neys. Women almost tainted in the
suffered. The crowd seemed to want to gel
near Luetgert. All wanted to see how the
big sausagemaker stood the final ordeal
now that his case was in the hands of tbs
jury.
While the tumult was going on, BaiIiffs
Ccnnor and Wolcott We're sworn in by th,
clerk to take charge of the jury. Thi:
ceremony over, the two men turned ant
took charge of the jury. When the twelv,
men marched out of the room moment
later to the jury room adjoining. a sigh Of
relief went up from the excited throng
Judge Tuthill ordered the room cleared
and announced that he would adjourn cour
until o'clock tonight. but that he woult
his absence in case his presence was de
sired.
Luetgert stood up near where he hat
been sitting most of the time for NOR,
and with his little go!den-haired son in hi.
arms received a few friends. His son
| Arnold I.uetgert. and William Charlie:
pressed forward and warmly shook tn,
| hand of the prisoner. Luetgert smiled anC
gazed about him. He tried to look calm
! Indifference those who have watched th'
| varying moods of the staiwart sausage