The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-14

Play for Sympathy-RsmOVed by Or
der OF tho Jpdge-Lustgsrt Is said TO be
Breaking Down Under the Great Strain.
He Is hIoyed to Tears.
CHICAGO, Oct. 13,-The entire day in
the Luetgert trial was taken up by At
torney Phaten, who spoke for the de-
fense. He made an impassloned plea for
his client, accused the police of lnhmi-
dating the witnesses for the defense, and
denounced many OF those who had ap-
peared for the state as perjurers.
lie declared that the chain Of cIrcunn-
| staRtlal evidence on which Assistant
States Attorney McIIwen had dwelt at
so great alengthdurtng nghIsaddress to the
| Jury was not a chain of clrcumstanttal
| evidence at all, but q fragmentary col
lection of distorted facts, He found
flaws without number In the story fur
nlshed by the state, and declared that no
| Jury composed OF sensible men would for
a moment think of returning a verdict
OF guilty on such evidence,
He will continue 10 speak the greater
! part Of tomorrow, and Wall then be fol-
lowed by Attorney Vincent for the de-
fense, who will close the arguments in
behalf OF Luetgert.
States Attorney Deneen said to-day
that he would not consume over five
hours In his closing address for the state
on Saturday.
'If the case had been submitted to the
Jury when the state closed its evidence /
verify believe n verdict OF not guilty
would have resulted at once" declared
Attorney Phalen. "The evidence of the
prosecution came from iHHmldated wit
nesses who perjured themselves" he
asserted with emphasis.
"These witnesses were browheaten by
! the police and drilled In what they were
to swear to. They came into this court
to swear away the life OF an innocent
man. During the progress of this trial
we had good illustration OF the per-
jury In this case when Emma Schimpke
in giving her evidence left the stand and
admitted to her friends that she had de-
lberately lied. Police persecution and
intimidation percoiates throughout the
entire case. The case fairly drips with
the vile ruttenness OF police methods,
The chain of circumstances about which
Mr.. McEweH has said 80 much, is COM
posed OF distorted and fragmentary bits
OF perjured evidence so wholly contradic-
tory and unreliable that no Jury COM
posed Of sensible men can for moment
give It credence.
Gentlemen you are the Judge OF the
law and the evidence. II remains for
you to say whether my client is to un-
Justly suffer at the hands OF perjurers. p"
At this point OF his argument Attorney
Phalen had become worked up to high
pitch OF excitement and became triHe
confused. He talked about false per-
fury" and said chose or these state
ments you heard" States Attorney
Deneen cheWed n lead pencil in an effort
TO suppress laughter and Assistant
State's Attorney McEIwen pulled his
blonde mustache until his face was red
because of the self inflicted pain, liX-
Judge Vincent stared at his colleague in
q queer manner. Attorney Phalen grad
ually recovered himself and talked on
police Intimidation, perjury ana kindred
topics.
one Of the Incidents Of the session was
the appearance In court of Luetgert's
two little sons. The lads had not been
in court for several weeks. They climb
ed upon their fathers knee and he fon-
died them while Attorney Phalen Grated.
Assistant Statc's Attorney McEwen
approached Judge Tuthll and quietly
objected to the children being conspicu-
ously exhibited before the Jury. Judge
Tuthill ordered that they be sent to seats
removed from the one occupied By thelr
father.
In a loud tone OF voice ex-Judge VIM
cent objected to the removal OF the chill
dren.
"Oh, your object is plain enough, and |
will not permit IT," retorted Judge Tut
hill.
II note an exception to the remarks
Of the court" said eS-Judge Vincent, .
VERY well, so no Mr.. Phalen, ordered
the court.
But the Luetgert children were re-
moved and will not be allowed to play
upon the sympathles Of the jurors.
Adolph L. Luotgert shed tears this af-
ternoon when at the adjournment %
court he took leave of his little sons.
Early In the day, Luctgert GhOwed
emotion, and his eyes were moist az At
torney Phnlcn argued with the jury to
spare hts clients hfc Luctgert is
breaking down. This was the universal
verdict of those who have known and
watched the man during the two months
Of his trial. The strain upon him IL
great. and at last his nervous system Is
weakening The giant sausage maker
does not sleep well at night, The near
approach OF the date upon which he will
i,nlw his fate at the hands of the jury
has completely upset him by the anxiety
II has brought him, The attorneys for
the defense, who are Inclined to sympa-
thlzc with Luetgcrt, undertook to-day to
cntlcise Judge Tuthlll for ordering the
two small sons Of the latter from the side
Of their father.
"ft is an outrage, "sald ex-JuIFe Vim
cent. ut was uncalled for and ! notcd
an exec ,stlon to the fact to the court, and
also the the courts rcmnrh1,"
"1t was perfectly proper" sald Assist.
ant States Attorilcy MCllwen, No onN
should be permitted TO slt close to the
defendant except his counsel, II ~ alb
sufd to hint that the court has not the
power and right to atop a play for sym.
pathy such az Lucgart was making be-
fore the jury
-
Murdered by HnHdi's
WASHINGTON, oct l3.-Thc depart
mcnt Of state has been informed by tho