The record-union., 1897-10-19

Last Day or the 1f1a1.
CHICAGO, Oct. 19-The fate Of
Adolph L. Luetgert, accused of murder
ing his wife and dissolving her body in
a vat filled with caustic potash, is now
in the hands of the jury. Judge Tuthill
finished his charge to the jury at 40
last (Afonday) evening, and five minutes
later the jury filed out and was locked
up in the jury room. Supper was sent
in to them short time later, and after
ii had been disposed of they set earnest
~ to work on the evidence. Judge Tut
hill took up his quarters near the Grim
inal Court building, in order to be within
easy call if a verdict should be reached
during the night. At midnight not a
word of any sort had come from the
jury room, and the chances of an all
night wait for the verdict seemed ex-
cellent Rumors of 10 to : for convic-
ton, and later Of 10 to for acquittal,
floated around, but there was no au-
thority for either story. The attorneys
on both sides We're confident at midnight
of a verdict favorable to their side while
the opinion of the public was turning to-
ward a disagreement.
AT 1 o'clock telephone message was
received from Judge Tuthill saying that
verdict or no verdict he would not come
To the Criminal Court building tonight.
The jury at 1 o'clock was still in the
jury room, and seemed no nearer YER
diet than at any time since it went in.
There is no chance of a verdict being an
ncuneed before the opening of court
this (Tuesday) morning at $50.
The ninth week of the famous Luet-
CERT trial opened this morning with the
greatest crush yet seen. Thousands of
persons formed in line before the Grim
inal Court building as early as { O'Clock
in the morning.
1t was a wild mob and there were nu-
merous unpleasant collisions between
the bailiffs and the turbulent people.
Luetgert came into court smiling and
shook hands with a number OF his
friends.
States Attorney Deneen promptly be-
gan his closing argument. He opened
with defense of several of the leading
witnesses for the prosecution He crlt'-
cised Mary Siemmering in cutting tones
He paid a glowing tribute to the memory
of Mrs Luetgert, whose last days on
earth, he said, We're fraugnt with sor-
row and anguish. Luetgert moved
about in his chair and q tremor shook
his giant frame. He paid the closest
attention to the speech of the young
States attorney, and the crowd in the
vast courtroom listened with GREATNESS
attention.
Just before the hands of the dial on
the courtroom clock indicated the hour
OF 4. States Attorney Deneen rested his
elbow on the rail before the jurors. Run
ming his eyes along each of the twelve
men, he said:
Gentlemen, it has been said that AS
sistant states Attorney McEwan did
not ask the infliction of the death pen
elty. That is true 1 do not think it IS
usually within the province of a States
attorney to ask a jury to return such q
verdict. But this crime is so heinous,
SO cruel. so wanton, that feel perfectly
justified in asking at your hands the
extreme penalty Of the law in the case
of Adolph l.. Luetgert."
After a brief recess Judge Tuthln De-
can the reading of his charge to the
jury as follows:
Before a conviction can be had IN
this case the State must prove beyond
reasonable doubt and TO moral Ger
tainty, first. that Louisa Luetgert Is
dead; second, that she came TO her
death on the first of May, 1897, in the
County of Cook, State of Illinois; third,
that Adolph L. Luetgert, the defendant,
willfully. maliciously, feloniously and
of malice aforethought, killed and muir
dered the said Louisa Luetgert by va
1-ious means charged in the indictment
or by means unknown. The burden of
propf rests upon the prosecution to
make out and prove to the satisfaction
of the Jury the material allegation in
the Indictment, and unless that has
been done the jury should find the de-
fendant not guilty.
.It is not incumbent upon the defense
TO prove that Louisa Luetgert is alive,
or her whereabouts or what become OF
her. If it is possible for you to reconcile
the facts in this case upon any rea-
sonable theory consistent with the in
nocence of defendant, it is your duty
TO do SO, and find him not guilty
You are instructed as a matter Of
law that if you believe from the evl-
dence beyond reasonable doubt that
the defendant assaulted and killed
Louisa Luetgert, as charged under cir
CumstanceS showing no considerable
provocation, but showing an abandoned
and malignant act on the part of the
defendant and a total disregard Of hui
man life, then the law pronounces such
killing to be murder, and a jury should
so find; it matters not that such evil
dence is circumstantial or made up
from facts and circumstances, provid-
ed the jury believes that such facts and
circumstances, pointing TO the defend
ant as guilty, have been proved, so that
from a consideration of all the evidence
in the case there is no reasonable doubt
in the minds of the jury as to the guilt
of the defendant. Direct and positive
testimony is not necessary to prove the
intent 1t may be inferred from facts
and circumstances shown by the evil
dence.
mo man may be convicted of a crime
until what is known as the corpus de-
licti has been established by the pros
ecution. And unless you are convinced
by the evidence in this case. beyond a
reasonable doubt, that Louisa Luetgert
died at the time charged in the indict-
ment, and also that she came to her