The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-10-21
THE LUETGERT TRIAL ENDED
FATE OF THE SAUSAGE MAKER is
NOW IN THE HANDS OF
THE JURY.
A DAY OF DRAMATIC INCIDENTS
The Packed Court Room Was Hard
to COntrOI-CIOsing Words of
States Attorney Deenan.
The Judges Instructions.

CnlCaSO, OcC. lO.-In ne nlnln week
of the famous Luetgert trial opened this
morning with the greatest crush yet
seen at the criminal court building. 1t
was known that today would be the
closing day of the great trial, and that
States Attorney Deenan would make
a speech. Thousands of persons
formed in line before the criminal court
building as early as o'clock this morn
ing. 1t was IL wild mob, and there
were numerous collisions between the
bailiffs and the turbulent crowds. Luet-
CERT came into the court smiling and
apparently in pleasant frame of mind.
States Attorney Deenan promptly be
gan his closing argument. He opened
with a defense of several of the leading
witnesses for the prosecution. The
states attorney proceeded with his ar
gument, promising that it would be
brief.
Il want to say a word right here with
reference to the police investigation
said the states attorney. THE de-
Tense has heaped abuse upon Inspector
for months been connected with this
case. They have been called perjurers.
Gentlemen, there are G00O cases and
more tried in this court each year and
the police are the prosecuting witnesses
in all of them. Were they perjurers
all the time! Ridiculous"
After discussing the expert testimony,
the states attorney criticised Mary
Smmerng in cutting tones. He paid
a glowing tribute to the memory of Mrs.
Luetgert's last days on earth, which.
he said, were fraught with sorrow and
anguish. His speech was logical, force
full and powerful. Towards the end
of it Luetgert was noticeably nervous.
He turned uneasily in his chair and Il
tremor shook his giant frame. With
his hair combed pompadour, he. trem--
bled perceptibly and was the subject of
comment. The members of the jury
paid the closest attention to the elo-
quent speech of the young states at
torncy, and the vast crowd that packed
the court room listened with GREATNESS
attention.
Asks the Extreme Penalty.
Just before the hands on the dial of
the court room clock indicated the hour
of 4, he rested his elbow on the rail be-
fore the jurors. Running his eyes
along each of the twelve men he said:
Gentlemen, it has been said that
Assistant States Attorney McEwan did
not ask the inHiction of the death pen
atty. That is true. | do not think it
is usually within the province of a state
attorney to ask jury to return such
a verdict. But this crime is so heinous,
so cruel. so wanton, that | feel perfect
ly justified in asking at your hands the
extreme penalty of the law in the case
of Adolph l.. Luetgert."
A buzz of comment ran through the
court room as the states attorney nm
ished his address and was congratu-
lated by a 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 Inspector Setback. who was
leaning against pillar inside the court,
he cast upon him look which COM
bined malice, scorn and disgust in I'M
speakable quantities.
Judge TuthilPs Charge.
In ten minutes the jury had returned
and court was again ordered. Judge
Tuthill swung around in his chair I'M
til he faced the jury and began reading
his instructions, as follows:
Before Il conviction can be had in
this case the state must prove beyond
Il reasonable doubt and to moral GER
tainty, first. that Louisa Luetgert is
dead: second. that she came to her
death on the LIST of May, 1897, in the
county of Cook, state of Illinois: third.
that Adolph l.. Iuetgert. the defend
ant. WlltullN, mallclOuSly. telOnlOuSlS
and of malice aforethought. killed and
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
to make out and prove to
the satisfaction of the jury, beyond all
reasonable doubt, every material allie
cation in the indictment, and unless
that has been done the jury should find
the defendant mot guilty 1t is not in
cumbent upon the defendant to prove
that Louisa Luetgert is alive or her
whereabouts. or what became 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 in.
structed, as a matter of law, that II
you believe from the evidence beyond
Il reasonable doubt that the defendant
assaulted and killed Louisa Luetgert,
as charged, under circumstances show
ing no considerable provocaton, but
showing an abandoned and malignant
heart on the part of the defendant, and
a total disregard of human life. then
the law pronounces such killing to be
murder, and jury should so find; it
matters not that such evidence is cir
culated or made up from facts and cir
cumstances, provided the jury believe
that such circumstances pointing to the
defendants guilt have been proven so