The Saint Paul globe., 1897-10-14
NO CLAP-TRAP PERMITTED.
HIS CHILDREN NOT ALLOWED TO
SIT ON THE PRISONERS
KNEES.
BIG SAUSAGE MAKER SHED TEARS
Moved to a Show of Emotion by the
EIOqUence of His Counsel
Perjury Charged


defense. He made an impassioned plea
tlmidating the witnesses for the de-
fense, and denounced many Of those
who had appeared for the state as per
jurers. He declared that the chain of
circumstantial evidence on which As
sistant States Attorney McEwen had
dwelt at so great length, during his
address to the jury, was not chain
of circumstantial evidence 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
returning a verdict of guilty on such
evidence. He will continue to speak
the greater part of tomorrow and will
then be followed by Attorney Vincent
for the defense, who will close the ar
gument in behalf of Luetgert. States
Attorney Deneen said today that he
would not consume over five hours in
his closing address for the state on
Saturday.
IF this case had been submitted to
the jury when the state closed its evil
dence, verify believe a verdict Of not
guilty would have resulted at once"
declared Attorney Phalen, in opening
his address. 1.-The evidence of the
prosecution came from intimidated wit
nesses, who perjured themselves" he
asserted with emphasis. These wit
nesses 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.
Emma Schempk, after giving her evil
dence, left the stand and admitted to
her friends that she had deliberately.
lied. Police persecution and intimida-
ton percolates throughout the entire
case. 1t fairly drips with the vile rot
tenness of police methods. The chain
of circumstances about which Mr. Nc
Even said so much is composed of dis
torted and fragmentary bits of perjured
evidence so wholly contradictory and
unreliable that no jury composed of
sensible men can for a moment give It
credence.
Gentlemen, you are the judges of
the law and the evidence. 1t 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 trif1e confused. 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 Attor-
neyt McEwen pulled his blonde mus
tache until his face. grew red because
of the self-infiicted pain. Ex-Judge
Vincent stared at his colleague in an
annoyed manner. Attorney Phalen
gradually recovered himself and talked
on police intimidation, perjury and
kindred topics.
One of the incidents of the session
was the appearance in court of Luet-
gert's two little sons. The lads had
not been in court for several weeks.
They climbed upon their fathers
knees and he fondled them while At.
torney Phalen GRATED. Assistant States
Attorney McEwen approached Judge
Tuthill and quietly objected to the
children being conspicuously exhlplted 51
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
and I will not permit it," retorted
Judge Tuthlll.
II note an exception to the remarks
of the court" said ex-Judge Vincent.
.sVerv we'll, go on Mr.. Phalen," or
dered the court.
Rut the Luetgert children were re-
moved and will not be allowed to play
upon the sympathies of the jurors.
Luetgert shed tears this afternoon
when at the adjournment OF court ne
took leave Of his little sons. Earlier
showed emotion,
and his eyes were moist as Attorney
Phalen pleaded with the jury to spare
his clients life. Luetgert is breaking
down. This was the universal YER
dict of those who have known and
watched the man during the Two
months of his trial. The strain upon
him is great and at last his nervous
system is weakening. The giant sau.
sagemaker does not sleep well at night
of late. The near approach of the date
upon which he will know his fate at
the hands of the jury has completely
upset him by the anxiety 1T has brought
him.
The attorneys for the defense are
inclined to sympathiZe with Luetgert,
and undertook today to crit1c1se Judge
Tlthill for ordering the two small sons
of the latter removed from the side of
their father "It was an outrage
said ex-Judge Vincent ut was un-
called for, and I noted an exception to
the act Of the court and also the
courts remarks.
1T was perfectly proper said AS
sistant States Attorney McEwen. No
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 to stop a play
for sympathy such as Luetgert was
making before the jury"