The daily morning journal and courier., 1897-10-19
BETWEEN LIFE AND DEATH
LUETGERT,S FATE IS .NOW IN THE
 HANDS OF THE JURY.
Retired at 4:i5 Yesterday hfternoon--No Word Received from Them at Midnight Probably an All Night Session-At- torneys of Both Sides Confident-The Judges Charge.

cuusc s ShNises
 Chicago, Oct. 1S.-~The fate Of Adolph I4. Luetgert, accused of murdering hIs wife and dissoNing her body in a vat filled with caustic potash is now in the hands of a jury. Judge Tuthill finished his charge to the jury at 4:45 D. m. and five minutes later the jury filed out and was locked in the jury room. Sup per was sent into them a short time later, and after it had been disposed of, they set earnestly to work on the evidence. Judge Tuthill took up quar- ters near the court in order to be with in easy call if a verdict should be reached during the night
 At midnight not a word of any sort had come from the jury room and the chances on an all night wait for the verdict seemed excellent. Rumors of ten to two for conviction and later of ten to two for acquittal floated around, but there was no authority for either story. The attorneys on both sides were confident at midnight of yer dict favorable to their side, while the opinion of the public was turning to- wards a disagreement
 Chicago, Oct. 19.-At 1 o'clock tel ephone message was received from Judge Tuthill saying that verdict or no verdict, he would not come to the crim- inal court building tonight. The jury at o'clock was still in the jury room and seemed no nearer a verdict than at any time since it went out. There Is no chance of a verdict being an- nounced before the opening of court this (Tuesday) morning at 9:S0 o'clock.
 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 cer tainty first, that Louisa Luetgert is dead; 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 de- fendant, wilfully ,maliciously, felonious- ly and of malice aforethought killed and murdered 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 iury beyond a reasonable doubt, every material ale gation in the indictment, and unless that has been done, the jury should find the defendant not guilty.
 Tt is not incumbent upon the de fendant to prove that Louisa Luetgert is alive, CT her whereabouts or what be- came of her. If it is possible for you to reconcile the facts in this case upon any reasonable theory consistent with the innocence of the defendant, it is your duty to do so and find him not guilty.
 You are instructed as matter or law, that if you believe from the evil dence, beyond reasonable doubt that the defendant assaulted and killed Louisa Luetgert as charged under cir cumstances showing no considerable provocation but showing an abandon ed and malignant heart on the part of the defendant and total disregard of human life, then the law pronounces such killing to be murder and the jury should so find.
 Tt matters not that such evidence is or made up from facts and circumstances, provided the jury believe that such facts or circum- stances, pointing to the defendants guilt, have been proved, so that from a consideration OF all the evidence in the case there is DO reason- able doubt iN the mind Of the fury as the guilt of the defehd~ ant. Direct and positive testimony IS not necessary to prove the intent. It may be inferred from facts and cir cumstances shown by the evidence.
 'No man may be convicted of a crime until what is known as corpus delicti has been established by the prosecu- ton: and unless you are convinced by the evidence in the case, beyond a reasonable doubt, that Louisa Luetsert died at the time charged in the indict- meDt, and also that she came to her death in manner and form as charged in the indictment, in such case it is your duty to acauit the defendant.
 ITO prove the corpus delicti the state is required to produce only such legal evidence as establishes in the mind of the jury beyond a reasonable doubt, conviction that the murder charged in the indictment has been, in fact, com nlitted, in manner and form as charged and that the defendant is guilty of it's commission: and it matters not the proof Of such corpus delicti consists in whole or in part, of circumstantial evidence, provided it is sufficient to satisfy the minds of the jurors beyond q reasonable doubt, of the commission of the offence charged.
 While the statute of the state pro- yides that a person charged with crime may testify in his own behalf, he is not under any obligations to do so and the statute expressly declares that his neg feet to testify shall not create any presumption against him.
 Judge Tuthill finished at 4:4o and a moment later the jury retired. Jus tice Tuthill then adjourned court until s ?. m.
 Palmer yanquishes Sullivan.
 London. Oct. 1S.-"Pedlsr" Palmer,