Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-10-19

Hunhc interest as the Cronin Case-The
Judges Instructions on the Important
Pohts-Crowds Surround the Criminal
Court Building at Chicago Waiting for
the Ferdict-Incipient Riot Ouellcd.
chicago, Oct. 19.-Ipfcrmation direct
from the jury room is that disagree
ment has taken place in the Luetgert
case, both sides being obstinate. The
majority Of the jury is DESTROYS of a con-
Viction. 1t is now generally thought that
the final outcome will be disagreement.
Meantime the man whese fata was
hanging in the balance was sleeping in
Tho Jail as calmly as an infant
Chicago. Oct. 19.-Late yesterday att
srnoon States Attorney Deneen finished
his plea to the jury in the Lustgert case
with these words: .Gentlelnen. il has
been said that Assistant States Aitor-
hey McEWen did not ask the inniction
OF the death penalty. That is true. /
do not think it is usually within the
proviHce Of a states attorney to as, n
jury 70 return such q verdict But this
crime Is SO heinous so cruel. so waaton-
that feel perfectly justified in asking
az your hands the extreme penalty of
tae law IN the case OF Adoiph L. Luet-
CERT a buzz Of comment ran through
the court room as the states attorney
mashed his address and was congrutu-
lated by a few friends who sat nesr
him. The Judge granted an inlprom1tu
recess for ten minutes ard upon the
court again coming to order proceeded
to read his charge.
What Is Necessary to Convict.
lie said: Before conviction can
be had in this ease the state must prove
beyond reasonable doubt and to
moral certainty-frst, that Louisa Luet-
CERT ia dead; second, that she came to
her death on the 1st of May, 1897. in the
county OF Cook, state of Illinois: third.
that Adolph l.. Luetgert, the defendant.
Wiifuiiy, maliciously, felonicusly and Of
malice aforethcught, killed and muir
uered the said Louisa Luetgert by some
on the various means charged in the
molctment, OF by means unknown. The
ouruen or proof rests upon the prcsecu-
lion TO mako out and prove to the salts
FACTION OF the jury, beyond all reason
aole doubt. every material allegation
- N-AS hAiNthfOiit, anu UHdI mas
been done the jury should find the de-
PENDANT not guilty. 1t is not incumbent
upon the defendant toprove that Louisa
Luetgert Is aiive, OF her whereabouts.
or what became OF her"
establishments of the Corpus Deficit.
Referins to the corpus deficit the
Judge said: NO man may be con-
vheted OF a c.iIle until what is known "a
the corpus q icti has been established
hS the prosecution; and unless you are
convinced ~ the evidence in this ease.
beyond reasonable doubt. that Louisa
tuetgert died at the time charged in
the Indictment" etc, ''in such a case it
rs your duty to acQuit the defendant
To prove ths corpus deficit the state fs
required to produce only such legal evil
dehce ss establiehes in the mind OF the
Jury, beyond a reasonable doubt, q conf
Vfctfon that the murder charged in the
Indictment has been in fact, commit
ted. and that the defendant is Guilty of
IT'S commission. While the
statute of the state provides that a per-
son charged with crime may testify in
his own behalf he IL not under any
obligation 70 do SO, and the statute
expressly declares that his neglect to
testify shall not create any presumption
against HIM"
And the Jury Takes the Case.
Then Judge Tuthiu read the differ
ent forms OF verdicts, which included
one for murder providing for the death
penalty; another fling the penalty at
life Imprisonment, the third proviaed
for a term OF imprisonment Of not less
than fourteen years and the fourth was
for mot guilty" As Judge Tuthill
nhlsneo the reading. r up at
the Jurors and said: - - men Won
may retire and consider your verdict"