The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-10-19
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wanton, that I feel perfectly justified in
asking az your hands the extreme PEN
atty Of the law in the case Of Adolph L.
Luetgert.'
A Duzz of comment ran through the
court room as the states attorney finish
Ell his address, and was congratulated
by few friends who sat near him. The
judge granted an impromptu recess and
the jury left the room. Luetgert got up
and went out also for a drink Of water.
When ne returned, passing Inspector
Setback, who was leaning against
pillar inside the circle, he cast upon him
a look which combined malice, scorn and
disgust in unspeakable quantities.
In ten minutes the jury had returned
and court was again in order.
JUDGE TUTHILL'S CHARGE.
Judge Tuthill swung around in his
chair until he faced the jury and, DELHI
erately picking up his notes on the
charge, he began the reading as follows:
Before conviction can be had in this
case the state must prove beyond rea-
sOnable doubt and TO a moral certainty,
first, that Louisa Luetgert is dead; sec
ond, 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, wilfully, malici-
ousIy. feioniously and Of malice afore-
thought, 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 ma
terial allegation in the indictment, and
unless that has been done the jury
hould find the defendant not guilty. IL
is not incumbent upon the defendant 10
prove that Louisa Luetgert Is alive, or
her whereabOut or what became or ner.
II il is possible for you 10 reconcile the
facts in this case upon any reasonable
theory consistent with the innocence OF
the defendant, ii Is your duty TO do 50
and find him not guilty.
You are instructed. az a matter OF
law. that if you believe from the evil
dence beyond a reasonable doubt. that
the defendant assaulted and kiilel
Louisa Lue5gert, as charged, upon cir
cumstances showing no considerable
prOVOcation, but Showing an abandoned
AMI malignant mind on the part OF the
defendant and total disregard Of hu-
man life. then the law pronounces such
killing - be murder and a jury shall so
find: it matters not that such evidence
is circums-antial OF made up from facts
and circumstances, provided the jury be-
lieve that such facts and circumstances,
pointing TO the defendants guilt, have
been proved 50 that from a consideration
OF all the evidence in the case there is
no reasonable doubt in the mind Of the
jury as 70 the guilt OF the defendant.
Direct and positive testimony is not
necessary 10 prove the intent. II may
be inferred from facts and circum-
stances SHOWN by the evidence
mo man may be convicted of a crime
until what is known as the corpus de-
licti has been es,a blished by the prosecu-
ton, and unless you are convinced by
the evidence in this case. beyond a rea
sonable doubt, that Louisa Luetgert died
at the time charged in the Indictment,
and also that she came 70 her death in
manner and form as charged in the in
dic;menI, in such case IT IS your duty 10
acqui. the defendant. To prove the cor
pus deficit. the state is required 10 pro-
duce only such legal evidence as esia5-
! fishes in The minds Of the jury beyond
| reasonable doubt, conviction that the
] murder charged in the indictment has
been in fact committed, in manner and
| form as charged, and that The defendant
/ = guilty Of its commission; and il mat
/ tiers not that the proof Of such corpus de-
{ lica consists, in whole or in part. of cir
! curstantial evidence. provided il is suf-
, ficient 10 satisfy the minds Of The Jurors,
! beyond reasonable doubt. Of he COM
mission OF he offense charged.
While the statute OF the state pro-
vides that a person charged with crime
! may testify ia his own behalf. ne is no.
( under any obligations 70 do 50, ana the
statute expressly declares tina, his ne
/ Sumption asainsS him.
AN INTENSE MOMENT.
Silence as still as death peryaded the
I packed court room while the judge was
! reading MS Instructions. His voice was
clear and strong, and even the Jhrong
which was wedged into the corridor out
side the court room heard every word
The jurors stood and listened 20 every
/ word actsnively.
When Judge Tuthiu ceased reading
| and reached Tor the different forms OF
ve-dicts tina; had been prepared. there
/ was Il movement in The cour: room. Men
and women sHayed backward and for
ward. and in minute o. two every per
son in he room was standing on a seat
The bsilifs did not attempt - make
them take their seats, and for once Ssle
rap of the bailiffs hammer was unheArd
Laeigert sat looking a the court, With
his eyebrows wrinkled and his face SCI
tied into the scowi which has marked j.
from the beginning
In couple - minutes The crowd had
become Quiet. Then Judge Tuthiu rea