Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-14
LUETGERT BREAKING DOWN UNDER
THE INTENSE STRAIN.
PHALEN'S IMPASSIoNED PLEA.
PROSECUTION ACCUSED of INTIMI-
DATIoN AND PERJURY.
The Attorney TnnGIes Himself Up
Somewhat During His Flights of
0rntory. TO the Amusement
of the Prosecuting
Attorneys.

Chicao, Oct. 13.-The entire day in the
LuetSert trial was taken up by Attorney
Phalen. who spoke for the defense lie
made an impassioned plea for his client,
accused the police of intimidatinS the VIII
nesses for the defense. and denounced many
of those who had appeared for the state rs
perjurers.
He declared that the chain OF circum-
stantiai evidence on which Assistant State 5
Attorney McEwen had dwelt at so great n
length during his address was not chain
of circumstantial evidence at all. but a
fragmentary collection of distorted facts.
He found flaws without number in the
story furnished by the state. and declared
that no Jury composed of sensible men
would for moment think of. returning a
verdict of guilty on such evidence. He Will
continue to speak the greater part of to-
morrow, and will then be followed by At
torney Vincent for the defense, who Will
close the arguments in behalf of Luet-
gert. States Attorney Deneen said to-day
that he would not consume over five hours
in closing his address for the state Satur-
day.
Adolph L. Luetgert shed tears this after
noon when. at the adjournment of court.
he took leave of his little sons. Early in
the day Luetgert showed emotion and his
eyes were moist as Attorney Phalen plead
ed with the jury to spare his clients life
Luetgert is breaking down. This was the
universal verdict of those who have watch
ed the man during the two months of
this trial. The strain upon him is great
and at last his nervous system is weaken
ing. The giant sausage maker does not
sleep well ar nights of late. The near ap-
proach of the date upon which he will
know his fate at the hands of the jury has
1t, - r.
brought him.
ed to sympathize with Luetgert. and un-
dertook to-day TO criticise Judge Tuthill for
ordering the two small sons of the latter re-
moved from the side of their father.
'It was an outrage" said ex-Judge Vim
cent. 1T was uncalled for. and / noted m
exception to the act of the court and also
to the courts remarks"
1T 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 rsh!
CERT was making before the jury
The usual mad rush for Judge Tuthill'f
courtroom followed Immediately after the
doors of the criminal court building were
opened to-day, and for nearly two hours
people stood in line waiting to be admitted
to the room. Hundreds We're turned away
Attorney -Phalen- opened the argument tC
the jury on behalf of the defense. "If this
case had been submitted TO the jury wher
the state closed its evidence, / verify be-
lieve verdict of not guilty would have
resulted at once declared AttorneyPha
len. The evidence of the prosecution came
from intimidated witnesses who perjurec
themselves" he asserted, 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 this 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 intimidation
percolates throughout the entire case. The
case fairly drips with the vile rottenuess
of police methods. The chain of circum-
stances about which Mr.. -McEwen has said
SO much is composed of distorted and frag.
mentary bits of perjured evidence, SC
wholly contradictory and unreliable that
no jury composed Of sensible men can for
a moment give II credence.
Gentlemen, you are the judges of the
law and the evidence. II remains for you
TO say whether my client is TO unjustly
suffer at the hands of perjurers."
AT this point in his argument Attorney
Phalen had become worked up to a high
pitch of excitement and became a trihs
confused. He talked about false per
jury" and said those or these statement.
chewed a lead pencil In an effort to sup
press laughter, and Assistant States At
torney McEwen pulled his blonde mus
tache until his face grew red because o,
the self-infiicted pain Ex-Judge Vincent
stared at his colleague in an annoyed man
cred himself and talked on police intimida
tiDn. perjury and kindred topics