Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-10-19
THE LUEIGER| JURY OUT.


Continued from First Page.
Tuthill swung around in his chair until
he faced the jury and deliberately pick
ing up his notes on the charge, he be-
gan their reading.
Judge Tuthill
INSTRUCTED THE JURY
\ as follows:
Before a conviction can be had in
TINS case the State must prove beyond
a reasonable doubt and a moral GER
tainty, first, that Louisa Luetgert is
dead; second that she came to her
death on the first of May, 1897, in the
county of Cook, State of Illinois.
Third, that Adolph Luetgert, the de-
PENDANT, willfully, maliciously, felon-
lously, and Of malice aforethought,
killed and murdered the said Louisa
Luetgert by some of the various means
charged in the Indictment. or by
means unknown. The burden of proof
rests upon the prosecution to make
out and prove to the satisfaction OF
the jury, beyond all reasonable doubt,
every material allegation in the in
dictment, and unless that has been
done the jury should find the de-
PENDANT not guilty. 1t is not incum-
bent upon the defendant to prove that
Louisa Luetgert is alive, or her where
abOutS or what became of her. If it
is possible for you TO reconcile the
facts in this case upon any reasonable
theory consistent with the innocence of
the defendant, it is your duty to do so,
and find him not guilty.
You are instructed,
AS A MATTER OF LAW
that if you believe from the evidence
beyond a reasonable doubt that the
defendant assaulted and killed Louisa
Luetgert as charged, under circum-
stances showing no considerable provo
cation, but showing an abandoned and
malignant heart on the part of the
defendant and q total disregard of
human life, then the law pronounces
such killing to be murder, and a jury
should so find; it matters not that
such evidence is circumstantial, or
made up from facts and circumstances
pointing to the defendants guilt, have
been proved, so that from a considera-
ton of all the evidence in the case,
there is no reasonable doubt in the
mind of the jury as TO the guilt of
testimony is not necessary to prove
the intent. 1t may be inferred from
facts and circumstances shown by the
evidence.
mo man may be convisted of a
crime until what is known as
THE CORPUS deficit
has been established by the prosecu-
ton: and unless you are convinced
by the evidence in this case, beyond a
reasonable doubt, that Louisa Luetgert
died at the time charged in the indict-
ment, and also that she came to her
death in manner and form as charged
in the Indictment, in such case it is
your duty to acquit the defendant.
ITO prove the corpus deficit, the
State is required to produce only such
legal evidence as establishes in the
minds 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 defendant is
guilty of its commission; and it mat
tiers not that proof of such corpus delic-
ii consists, in whole or in part, of cir
cumstantial evidence, provided it is
sufficient to satisfy the minds of the
jurors, beyond reasonable doubt. of
the commission of the offense charged
While the statute of the State pro-
vldes that person charged with crime
may testify in his own behalf. he is
not under any obligations to do so
and the statute expressly declares that
his neglect to testify shall not create
any presumption against him"
SILENCE AS STILL AS DEATH
peryaded the packed court room while
the Judge was reading his instruc-
tons. His voice was clear and strong
and even the throng which was wedg-
ed into the corridor outside the court
room heard very well. The iurors
stood and listened to every word at
tentively.
When Judge Tuthill ceased read
ing and reached for the different forms
of verdicts that had been prepared.
there was a movement in the court
room. Men and women swayed back
ward and forward and in a minute or
two every person in the room was
standing on a seat. The baiiiffs did not
attempt to make them take their seats.
and for once the rap of the bailiff's
ed at the Court with his eyebrows
wrinkled and his face settled into the
scowl which has marked it from the
beginning.
In couple of minutes the crowd had
become quiet. Then Judge Tuthill
read the different forms of verdicts.
which included one for murder. pro-
viding for
THE DEATH PENALTY
another fixing the penalty at life i'm
prisonment, the third provided for a
term of imprisonment of not less than
fourteen years, and the fourth was for
mot guilty"
AS Judge Tuthill finished the read
ing he looked up at the jurors and said:
Gentlemen. you may retire and con-
slider your verdict"
xImRediately there was an uproar
On til \court room. People who had
IN \Qg, arose to their feet, and
Aof kailiffs ordering every
down." availed nothfr