Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-31
THE STATE WON A POINT
Court Held That Prosecution. Need Not
Specify How Mrs. Luetgert Was Killed.
Mrs. TOsch and Frank BfaIk, the
Night Waterman, Examined-
States Main Witnesses.


CERT murder trial was resumed this morn
ing the defense asked the court to compel
the state to set forth by what means, ac-
cording to the theory of the prosecution,
the life of Mrs. Luetgert was taken be-
fore her body was placed in the vat. Judge
Vincent said the indictment, which con-
tains twelve counts, does not state the
manner of Mrs. LCetgerSs death.
THE first six counts the attorney said,
"allege that she was drowned in a vat con-
tanning water and caustic soda or potash.
The seventh count charges that she was
struck and Knocked down by some blunt
instrume mt; the eighth alleges striking and
instantly killing her; the ninth count alleges
striking with some deadly instrument, while
the tenth charges that she was stabbed
choked and her life thus taken and the
twelfth and last alleges that life was taken
by some means unknown.
State Not Bound to Specify.
Judge Tuthir promptly decided that the
state was rot bound to specify the means
of death.
The first witness was Chas. P. Melandeo,
photographer, who identified dozen views
of the Luetgert factory.
Mrs Agatha Tosch. wife of Michael
Tosch, saloon keeper at 60 Diversey ave-
nue., was called next She was a friend of
Mrs. Luetgert, and visited the latter occa-
sionally at her home. Mrs. Tosch said that
on Sunday afternoon. May 2, Luetgert
came to her husbands saloon and bought
a glass of beer. He was pale and excited,
and she asked him what was the matter
with him, question which he did not an
swer. May 10. she said, she saw him again.
and asked him about the disappearance tf
his wife. He said he did not know where
his wife was, and was as innocent as the
sun in the sky. She told him she believed
he was guilty, and Luetgert replied that he
felt like taking a revolver and killing HIM
self He would do SO, he said, but for the
children. Mrs. Tosch said Luetgert asked
her what she had heard from the detec-
tives who were about her saloon, and what
she had seen or heard herself.
Showed Hostility to Luetgert.
Mrs. Tosch in her testimony showed
decidedly hostile spirit toward Luetgert,
and in number of details she improved
on the story she told in the habeas corpus
proceedings.
She said Mrs. LuetSert once had an attack
Of throat trouble and Luetgert told the
witness in conversation that if he had
delayed minute longer in calling a doc
tor the rated BEAST meaning his wife,
would have been dead.
In her previous testimony Mrs Tosch did
not use these words. She said that in her
conversation with him on May 10 she ask
ed him what caused the smoke from the
| ldCtoly iuIHdCe Oh the morning OF May
=, and he asked her not to say anything
about the smoke. In her former testimony
she said Luetgert once told her he some
times became SO angry at his wife that he
could take hold of her, and indicating by
gesture, crush her.
This morning she swore he said he could
crush her, using the word crush in the
German, and not merely indicating it by
gesture. The witness said Luetgert told
her he had great deal of trouble with
his wife, and had ceased to live with her
She objected to the presence of Mary Sim
mertnG, the servant in the house. but Luet-
CERT told the witness that if his wife turn
ed Mary away he would take her into the
factory with him.
Severe Observation-Disclosures.
Mrs. Tosch was subjected to a severe
cross-examination, during which she was
asked If she did not know Luetgert was
out of the city when his wife was taken
sick with the throat trouble. Judge Vim
cent asked her If she did not say to Luet-
CERT on May IL that If he knew his wife
as wei! as she, Mrs. Tosch, knew her
ne would let her go and not worry about
her. She declared she did not make this
statement.
She was then asked if she did not sue-
gest to Luetgert that he could come to her
house with the two children to live and
she would be mother to the children Her
answer was an emphatic NO
Frank Bialk, the old Waterman at the
sausage factory, was the next witness.
Bialk told about the arrival at the factory,
in March last, of several barrels which
were stored on one of the upper floors. and
shortly before May l removed to the base
ment. These are the barrels which it Is
alleged contained caustic potash, and the
witness said the stuff was emptied into
the middle vat in the basement shortly
before May 1 and dissolved by steam At
this point the court took a recess.