The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-19
HIS FATE is WITH THE JURY.
LUETGERTs CASE RESTED WITH
THEM YESTERDAY AFTERNOON.

gert Displayed Nervousness as the
Jurors Filed Into the Jury Room.
At Midnight No Evidence of an
Agreement Had Been Given-Po-
lice Were Called to Control the
Excited Throng About the Court
BuiIding-TOps of Buildings Were
Filled With Eager Spectators.
Criminal Court Building. Chicago, ILL.,,
Oct 1S.-The fate of Adolph L. Luetgert,
accused of numbering his wife and dis
solving her body in a vat. filled with caus-
tic potash, is now in the hands of the
jury.
Judge Tuthill finished his charge to the
jury at 4:45 p. M, and five minutes later
the jury filed out, and was locked in the
jury room.
Supper was sent into them short time
later, and after it had been disposed of,
they set earnestly to work on the evidence.
Judge Tuthill took up quarters near the
criminal court building, in order to be
within easy call if a verdict should be
reached during the night. At midnight
not word of any sort had come from
the jury room, and the chances of an all
night wait for the verdict seemed excel
lent.
Rumors of 10 to . for conviction, and
later 10 to for acquittal, fioated around,
but there was no authority for either
story.
The attorneys on both sides were conf
dent at midnight of a verdict favorable
to their side, while the opinion Of the pub
lie was turning toward a disagreement.
States Attorney Deneen occupied the
greater part of the day with his closing
address. He concluded by asking that
the extreme penalty be given the pris-
oner.
A buzz of comment ran through the
court room as the states attorney finish
ed his address, and he 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.
In ten minutes the jury had returned.
Judge Tuthin swung around until he faced
the jury, and deliberately picking up his
notes on the charge, he began their read
ing
Judge Tuthill instructed the jury as fol-
lows: Before a conviction can be had
in this case. the state must prove be-
yond a reasonable doubt and to a moral
certainty, first, that Louisa Luetgert is
dead; second, that she came to her death
on May l, 1897, in the county of Cook,
state Of Illinois; third, that Adolph L.
liciously, feloniousy and of NAL
ice aferothought killed and mur-
dered 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 prose-
cution to make our and prove to the sat
isfaction of the jury beyond all reasonable
doubt every material allegation in the
Indictment and unless that has been done
the jury should find the defendant not
guilty. 1t is not incumbent upon the de-
fendant to prove that Louisa Luetgert is
alive, or her whereab bouts, or what became
of her. If it is possible for you to recon
cile 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 matter of law,
that if you believe, from the evidence, be-
yond a reasonable doubt, that the defend
ant assaulted and killed Louisa Luetgert
as charged, under circumstances showing
no considerable provoeaton, but showing
an abandoned and malignant heart on the
part of the defendant, and a total disre-
gard of human life then the law pronoun-
ces such killing to be murder, and jury
should so find; it matters not that such
evidence is circumstantial or made up
,s,.a .ta,y,. ;Ia,J
the jury believe that such facts and cir
cumstances pointing to the defendants
guilt have been proved, so that from a
consideration of all the evidence in the
case, there is no reasonable doubt in the
mind of the jury as to the guilt of the de-
fendant. Direct and positive testimony is
not necessary to prove the intent. It may
be inferred from facts and circumstances
shown by the evidence.
mo man may be convicted of a crime
until what Is known as the corpus delicti
has been established by the prosecution
and unless you are convinced by the evi-
dence in this case beyond a reasonable
doubt that Louisa Luetgert died at the
time charged in the indictment, and also
that she came to her death in manner
and form as charged in the Indictment in
SUCH case, 1t Is your duty to acquit the
defendant To prove the corpus delictl
the state is required to- produce only such
legal evidence as establishes in the mind
Of the jury, beyond a 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 Is guilty of its commission
and it matters not the proof of such corpus
delicti consists in whole or in part of
circumstantial evidence, provided 1t is
sufficient to satisfy the minds of the ju-
rors, beyond a reasonable doubt, of the
commission Of the offense charged.
while the statute Of the state provides
that person charged with crime may
testify In his own behalf, he is not under
any obligations to do 50. and the statute
expressly declares that his neglect 10 tes-
tify shall not create any presumption
against him"
Silence as still as death pervaded the
packed court room while the Judge was
reading his instructions. His voice was
clear and strong, and even the throng
which was wedged into the corridor OUT
side the court room heard every word.
The jurors stood and listened to every
word attentiyely.
When Judge Tuthiil ceased, he read
the different forms Of verdict that had
been prepared.
They included one for murder, provid-
ing for the death penalty. another fixing