The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-14
Sausage Maker Luetgert Not Permit
ted to FOndIe His Two Little Chill
dren Before the Jurors.
INCIDENT OF A GREAT TRIAL
THAT WAS DENOUNCED AS AN OUT
RAGE BY EX-JUDGE VINCENT.
Attorney PhaIen's Argument I'm Be-
half of the Alleged Murderer-The
Prosecution Severely Criticised.

| Luetgert trial was taken up by Attorney
Phalen, who spoke for the defense He
made an impassioned plea for his client, &C
cused the police of intimidating the wit
nesses for the defense and denounced many
of those who had appeared for the state
as perjurers. He declared that the chain
of circumstantial evidence on which Assist
ant States Attorney McEwen had dwelt at
so great length during his address to the
jury was not a chain of circumstantial evil
dence at all, but fragmentary collection
of distorted facts. He found flaws without
number in the story furnished by the state
and declared that no jury composed of SEN
sible men would for moment think of re-
turning q verdict of guilty on such evil
dence. He will continue to speak the great
er part of tomorrow, and will then be fol-
lowed by Attorney Vincent for the defense,
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.
The usual mad rush for Judge Tuthills
courtroom followed Immediately after the
doors of the Criminal Court building were
opened this morning and for nearly two
hours people stood in line waiting to be
admitted to the room. Hundreds were
turned away WnGn the COuElTOOIl D0cdIuS
filled. In opening his argument Attorney
Phalen said: IF this case had been sub
mitted to the jury when the state closed
it's evidence 1 verify believe verdict OF not
guilty would have resulted at once" de-
| clared Attorney Phalen. THE evidence of
the prosecution came from intimidated wit
nesses who perjured themselves he as
serted with emphasis. These witnesses
were browbeaten 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
the trial we had a good illustration of the
perjury in this case, when Emma Schimpke,
after giving her evidence, left the stand
and admitted to her friends that she had
| deliberately lied. Police persecution and in
timidation percolates throughout the entire
case. The case fairly drips with the vile
rottenness Of police methods. The chain of
circumstances about which Mr.. McRwen
| has said so much is composed of distorted
and fragmentary or perjured evidence, so
wholly contradictory and unreliable that no
jury composed of sensible men can for a
moment give it credence. Gentlemen, if you
are the judges of the law and the evidence,
it remains for you to say whether my client
is to unjustly suffer at the hands Of per-
jurers.''
AT this point in his argument Attorney
Phalen had become worked up to a high
pitch of excitement and became a trife con-
fused He talked about false perjury and
said those or these statements you heard"
States Attorney Deneen chewed lead
pencil in an effort to suppress laughter and
Assistant States Attorney McEwen pulled
his blonde mustache until his face grew
red because of the self-inflicted pain. Ex-
Judge Vincent stared at his colleague in
Attorney Phalen gradually recovered him
self and talked on police intimidation, per-
jury and kindred topics
THE CHILDREN BARRED.
One of the incidents of the session was
the appearance in court of Lutegerts two
little sons. The lads had not been in court
for several weeks. They climbed on their
fathers knees and he fondled them while
Attorney Phalen Grated" Assistant States
Attorney McEwen approached Judge Tut
hill and quietly objected to the children be-
ing conspicuously exhibited before the jury.
Judge Tuthill ordered that they be sent to
seats removed from the one occupied by
their father. In a loud tone of voice ex-
| Judge Vincent objected to the removal of
| the children.
"Oh, your object is plain enough, but I
will not permit it, retorted Judge Tuthill.
II note an exception to the remarks Of
the .ez court" said l ex-Judge Vincent, ao
| the court
But the Luetgert children were removed
| ana Will not be allowed TO play upon the
sympathies of the jurors. Their father shed
| tears this afternoon when at the adjourn
| ment of court he took leave of his little
sons. Early in the day Luetgert showed
emotion and his eyes were moist as At
torney Phalen pleaded with the jury to
spare his clients life. Luetgert is breaking
down. This the universal verdict of
those who have watched the man during
| the two months of his trial. The strain on
him is great and at last his nervous system
| is. weakening. The giant sausage maker
| does not sleep well at night of late The
| near approach of the date on which he will
know his fate at the hands of the jury has
completely upset him by the anxiety it has
brought him. The attorneys for the defense
are inclined to Sympathize with Luetgert
| and undertook to-day to criticise Judge Tut
| hill for ordering the two small sons of the
| latter removed from the side of their father.
'It was an outrage" said ex-Judge Vim
| cent. 'It was uncalled for. and 1 noted
| exception to the act of the court and also
| to the courts remarks"
"It was perfectly proper" said Assistant
States Attorney McEwen. mo one should
| be permitted to sit close to the defendant
except his counsel 1t is absurd to hint
| that the court has not the power and right
| CERT was making before the jury"
Attorney Phalen spoke all day and will
resume his argument tomorrow. His eff
| fort was devoted in the main to an attempt
| to tear down the evidence of the witnesses
| for the prosecution by making them out
perjurerS and pointing out Inconsistencies
| in their stories. Tomorrow, after Attorney
Phaen has finished, ex-Judge Vincent will
make the closing address of the defense.
He will speak most Of tomorrow and all
day Friday. States Attorney Deneen will
| close in a five-hOur speech on Saturday.
-&-c-e
Movements of Steamers.
NEW YORK Oct 13-Arriyed: PennsvI-