The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-09-22

htule HAS IcbNeQ' oHuEblS hIbuE . SloSh
this afternoon the last witness OF the
prosecution was heard. This witness
was Mrs. Louise Miller Johnson. She
came into court supported by Captain
Herman schuettler, Of the Sheffield
avenue police station. Mrs. Johnson
has been III for several weeks and the
prosecution feared the woman would
not be able 10 appear to testify. Her
evidence was important as showing
Luetgert's attitude toward his wife, A
carriage was sent TO her home on the
North Side and Mrs. johnson made the
trip TO the court house attended by a
friend She was quite exhausted when
she reached the criminal court building,
and almost tainted at the elevator lead
ing TO Judge Tuthill's court room.
When sworn, Mrs. Johnson testified
that upon one occasion she saw Luet-
CERT in a rage chase his wife out OF their
house. The big sausage maker, the
witness said, was armed with revol-
yer. He called his wife names and
threatened to shoot, but did not Ex-
Judge Vincent did not cross-examlne
this witness at length When she left
the stand, States Attorney Deneen
said: III the court please, the state
rests"
There was general movement In the
crowded room as the spectators glanced
toward Luetgert and his counsel. Luet-
CERT leaned forward and whispered to
ex-Judge Vincent. The latter arose
and made n formal motion that the case
be taken from the jury on the ground
that the state had failed to make out
case.
Motion TO DiImiIs ovrrruIed.
Judge Tuthill promptly overruled the
motion without argument. Then ex-
Judge Vincent stated that owing to the
lateness OF the hour he would like to
postpone his opening address to the
jury until Tomorrow morning. There
was no objection to this and an ad-
journment was taken.
1t required Just twenty days for the
presentation OF the evidence OF the
prosecution. Ex-Judge Vincent said
tonight the defense would present its
| side Of the case In just half that time.
My address to the jury In opening will
be short and directly to the point" he
said we deny the murder-the cor
pus deficit has not been proven as the
law requires. This -fuct -Uunuut be as
sumed nor inferred from such testi-
mony as has been presented here, We
will explain away all the evidence
brought here by the police department
after months OF investigation and ma
nipulation. / do not care to give out
In full our defense until we get started,
but l promise some startling develop
ments before we are through"
important Point scOrcd.
The prosecution scored an important
point this morning. Judge Tuthln
ruled that the motive evidence of Frank
Bialk and Frank odorosky, former en-
ployees OF the big sausage maker, was
admissible as long as 1t was direct.
This was the matter taken under ad-
visement last Saturday. The evidence
of these two men Is in relation to the
frequent visits to Luetgert's sausage
factory of Mary Simmering, Luetgert's
servant. II was the theory OF the state
that LUatgert's alleged attentions to
other women was the original cause OF
the trouble with his wife and his per-
slstence in open fiirtations with other
women eliminated In Il continued war
fare between husband and wife Luet-
CERT, II is believed by the prosecution,
in order to pursue his course undis-
turbed, conceived the idea OF getting rid
OF his wife, and did so.
Frank Blalk, the aged watchman at
the Luetgert sausage factory, who, be-
sides watching the premises at night,
kept fires burning in the furnaces, was
the first witness called this morning to
show the motive. He said that Mary
Simmering paid frequent visits to Luet-
CERT in the latter's Office In the sausage
factory at night. Luetgert, because Of
his unpleasant domestic affairs, had
bed placed in small room Just Off his
office and slept there. The last time the
witness remembered seeing Mary Sim
merlng there was one week before May
/, the date OF the disappearance OF Mrs.
Lnetgert. II was $3.50 o'clock In the
evening. Luetgert and the young wo-
man retired to the bed room and closed
the door.
Visited LuctCru.
The witness said that Mary Simmer
ing visited Luetgert on an average Of
three nights each week for months be-
fore Mrs. Luetgert's disappearance.
This had been going on for three or
four years before May 1 Of the present
year. Upon one occasion. the witness
said, Luetgert called him about 10
o'clock at night and told him to go and
get Mary. Luctgert said he was sick.
Bialk went TO Mary's bed room window
and tapped upon II with u stick When
she appeared he told her Luctgert
wanted her. She soon appeared at the
sausage factory and entered through n
window and went to Luctgert's bed
room.
Attorney Vincent sharply cross
examined Bialk He asked him II he
had not been constantly with Detective
lillnEor since month before the trial
opened. The witness said nc had, Then
the lawyer wanted to know II he was
not telling a story which had been pro-
pared for him by the prosecution.
The old man shook his head slowly
and replied. mo, am telling the Gods
truth"
Frank Odorofsky testified to substan-
italy lhr same story The prosecution
In the famous case closed It's evidence
with the testimony Of BlNlk and Odor-
ofblty and the battle Of the defense be-
gan with the opening statement hy
l4uctgcrtB attorney. Tho defense viii
Introduce evidence In an attempt to
show that Mrs, Luetgcrt IL alive aud In
Germany
upS Kites for the siEnni service.
nENVER Cni Cant Qi i-DnidWin