, 1897-10-19

uku away USAorU pue PiSouci, LIE pdCc
wreathed in smiles, entered by the side
door, passed down before the jury and
took his accustomed seat. Considerable
disturbance was caused by the constant
arrival OF spectators in the already ov-
er crowded room. and it was nearly five
minutes. during which time about thirty
people were ordered out Of the room.
before The states attorney. apparently
much refreshed by his rest. resumed his
remarks to the jury.
At half past 3 States Attorney De-
neeu was still talking. He had not fin
ished dissecting the evidence. and will
hardly close before 4 O'Clock.
THE JUDGES CHARGE.
Judge Tuthill Instructed the jury as
follows:
Before a conviction can be had IN
MS case the state must prove beyond
reasonable doubt, and to a moral GER
ta!n:y. first, that Louisa Luetgert IL
dead; second. that she came to her death
On the first day CT May. 1897. in the
ccunty OF Cook, state of Illinois: third,
that A.dolph l.. Luetgert. the defendant,
willfu!ly. maliciously, feloniohsly and
Of malice asorethought, killed and muir
iered the said Louisa Luetgert by some
OF tire various a charged in the in
d.ctmen., Or by can unknown. The
burden Of proof rests upon The prosecu-
son to make out and prove to hhe satis-
action OF ile jury, beyond all reason
abe doubt. every material allegation in
he Indictment, and unl less that has been
done, the jury should find the defend
ant nc: guilty. It Is not incumbent up
on the defendant to prove Louisa Luet-
CERT is alive, or her whereabouts, or
what became Of her. I: 1t is possible
.cr you to reconcile the facts in this
case upon any reasonable theory con-
sisent with The innoucance q; the de-
fer,iar.:, 1t IL your duty to do So. and
And ham not guilty.
"Ycu are instructed as a mater o:
'aw, that II you believe from The evil
&lsnce beyond a reasonable doubt that
he defendant assaulted and killed Loui-
81 Lue!gert, as charged. under circum-
stances showing no considerable pro-
vocaticn, but showing en- abandoned
and malignant pot en- the part OF the
defendant and a total disregard OF hu-
mar life. then the Law prom unces such
killing to be murder. and a jury should
80 find: it matters no; that such evil
dence he circumstances. provided the
jury believe that such facts and circum-
Stances. pointing to the defendant as
guilty. having been proved 80 in the
case there Is no reasonabfg duobt m the
minds OF the jury as to the guilt OF the
defendant. Direct and positive testi-
mony Is not necessary to prove the in
cent. 1t may be inferred from facts and
circumstances shown by the evidence.
mo man may be convicted OF a crime
until what is known as the corpus
dei:csi has been established by the prose
cution.
And unless you are convinced by the
evidence in this case, beyond a reason
able doubt. that Louisa Luetgert died
At the time charged in the Indictment,
and also shat she came to her death in
manner and form as charged in the in
i.ctment, in such case it is your duty
70 acquit the defendant. To prove uhe
corpus delicti. the state is required to
produce only legal evidence as establish
es 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 defend
ant Is guiJay Of Its commission; and 1t
matters not that the proof OF such cor
pus delicti consists in whole or in part
Of ctrcumstantal evidence, provided It
is sufficient to satisfy the minds OF the
jurors. beyond a reasonable doubt, OF the
commission OF the ofense charged.
While the statute of the state pro-
vides that a person charged with crime
may testify in his own behalf, he is not
under any obligations to do 30, and the
statute expressly declares that his neg
lect to testify shall o create any pre-
sumption against him.
REPORT FROM .MJRY.