The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-10-19
THE GREAT MURDER TRIAL
Luetaert's Fate Is Nov 10 the Hands
Of the Jury.
RESULT ExCITEs INTENSE INTEREST,
Under the Law and the Difficulties
surrcuadinE the Case the Prison.
err WIN Probably He Acquitted.

| morning with tho greatest crilsn yet eeen
at the criminal court budding. II was
known that today would be the closing day
Of the grsat trial aud that States Attorr-
ncy Deenan would make speech. II was
q wild mob and there were numerous
collisions with the bailiffs and the tur-
bulcnt thUng. Luetscrt came Into the
court smiling and apparently In a pleasant
frame Of infnd,
| States Attorney Dcenan promptly began
his closing argument. He opened with
defense Of several OF the leading Witness
es for the prosecution. The States attor-
| ney proceeded with his argument, promis-
| ing that 1t would be brief: II want TO
say word right here with reference To
the police report" said the States attor-
ney. THE defense has heapcd abuse upon
Inspector Setback and the policemen who
have for months been connected with this
case. They have been called perjurcrs.
Gentleman. there are 5000 cases and more
tried in this court each year aud the po-
lice are the prosecuting witnesses In all
Of them. Were they perjurers all the
| time? Ridiculous"
l
the State's attorney criticised Mary Stem
mering in cutting tones. He paid a glow
| ing tribute to the memory of Mrs. -Luet-
! gert's last days on earh, 0lch. he said,
| were fraught with sorrow and anguish.
| His speech was logical. forceful and pow
| erful. Toward the end Of II Luetgert was
noticeably nervous. He turned uneasily In
| Ia phair nnl StA II, n ,te ,,f
frame. With his hair combed pompadour.
he trembled perceptibly, and was the cub
| ject Of comment. Tho members OF the
| jury paid the closest attention to the elo-
| quent speech of the young States attor-
ney. and the vast crowd that packed the
| court room listened with breathless at
tention.
| Safes Attorney Deenan continued to dis
| cuss the evidence for two and a half hours
| His voice grew strong as he proceeded.
| Just before the hands OF the dial OF the
court room clock Indicated the hour OF
four, he rested his elbow on the rail before
| the jurors, Running his eyes along each
| OF the twelve men, he said; Gentlemen,
| 1t has been said that Assistant States at
| tornew McEwen did not ask the niliction
of the death penalty. That is true. do
| not think IL Is usually within the province
| OF a States attorney TO ask a Jury to return
| such verdict But this crime is so heni-
GUS. SO cruel so wanton. that feel per-
fectly JUSTIFIED in asking at your hands
! the extreme penalty of the law In the
case OF Adolph l.. Duetgert."
a buzz OF comment ran through the
court room as the States attorney finished
his address and was congratulated by few
friends who sat near him
| The judge granted an impromptu re-
cess and the jury left the room. Lret-
CERT got up and went out also for drink
OF water. When he returned, passing In
specor Setback who was leaning against a
| pillar inside the court, he cast upon him
| a look which combined malice. scorn and
| disgust In unspeakable degrees.
| In ten minutes the jury had returned,
| Judge Tuthfll swung around In his chair
| till he faced the jury. and shen began read
| his charge. as follows.
| Before a conviction can be had in this
| casc the State must prove beyond reason
| able doubt and TO a moral certainty--first,
| that Louisa Luetgelt is dead second. that
she came to her death on the LIST OF May.
| 1897, In the county OF Cook State OF Illi-
nois; third. that Adolph l.. Luetgert. the
defendant, wilfully, malicousy. felon-
iously and of malice aforethought, killed
and murdered the said Louisa Luetgert by
| indictment or by means unknown The
burden OF rft OF rests upon the prosecu-
| tion to make out and prove to the salts
| faction of the Jury bsyond all reasonable
doubt. every maerFal allegation In the In
| dictment, and unless chat has befH done
| the jury should find the defendant not
guilty. IL liz not Incumbent upon the de-
| PENDANT to prove that Louisa Luetgert Ii
alive, or her whereabouts, or what became
OF her. II 1t is possible for you to recon
cile facts In this case upon any reason
able theory consistent with the innoceuce
OF the defendant, 1t Is your duty to do So
and find him not guilty. You are instruct
ed, as n matter of law, that IL you believe
| from the evidence beyond a reasonable
| doubt that the defendant assaulted and
| killed Louisa Luetgert, as charged, under
circumstances showing no considerable
provocation. but showing an abandoned
| and malignant heart on the part OF the
defendant and a total disregard OF human
life then the law prononnces such killing
to be murder. and jury should so find.
II 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 defend
| ants guilt have been proven, and that
from consideration OF all the evidence In
| the case there is no reasonable doubt In
the minds OF the jury as 10 the guilt OF the
defendant.
Direct and positive testimony 10 not
necessary to prove tue intent. II may be
| inferred from facts and circumstances
shown by tho evidence.
| mo man can be- convicted OF crime
TIL what ie known as the corpus deficit
| has been established by the prosecution.
! and unless you are convinced by the evil
/ dence In this ccse, beyond d reasonable
doubt. that Louisa L,stgert died at the
time charged. and In manner and form as
charged In the indictment, It is your duty
| to acqut The defendant To prove the
corpus deficit the State is required TO pro-
| duce only such legal evidence as establish
| in the minds OF the Jury. beyond reas-
enable doubt a conviction that the mur-
der charged In the Indictment has been in
/ fact committed in manner and form as
scribed, and that the defendant is guilty OF
| It's commission. and IL matters not that
| the proof OF the corpus deficit In whole or
in part consist OF circumstaniial evidence
provided 1t is sufficient TO satisfy the minds
of the Jurors beyond a reasonable doubt,