Omaha daily bee., 1897-08-25
SURPRISES LUETGEnTs ATTORNEYS.
State Acuuiesccs in the Challenge of
the New Jury LAW.


CHICAGO, Aug "a. - The prosecution
turned a clever trick on the defense today
in the trial of Adolph l.. Luetgert for the
murder of his wife, by practically acqu!-
escng to the objections of the defense to the
drawing of a jury under the new jury
commission law. The objections, 1t was un-
derstood were made by the defense merely
for the purpose of providing an opportunity
to take the case before the supreme court
on a writ of error should this trial go
against Luetgert, and the defense WIS evil
IDENTIFY much chagrined when Judge Tuthill
sustained the objections and ordered a special
venire Of 100 men under the old jury law
Luetgert, the defendant, recovered his self
possession today and smiled and chatted
pleasantly with his lawyers and his son.
Arnold who was constantly near him.
When court was called to order, Attorney
Phelan for the defense got up and said: "We
desire to withdraw the plea of not guilty
entered in this case
There was a tinge of the sensational in
the remark, and spectators leaned forward
eagerly, but the lawyers next words quieted
the stir. I'VE desire to enter motion to
quash the indictment against the defendant
as to each and every count. States At
torney Deenen had no objection to the put
ting of such a motion.
"The motion is oyerruled" said the court
An exception was taken and the plea Of
not guilty was again entered. The roll OF
the veuremen summoned today under the
new jury commission law was then called
but after 1t showed that fftysiX of the 100
summoned were in court Attorney Vincent,
for the defense, arose and objected to them,
assigning twenty eight reasons for his chal-
lenge raising the point Of unconsCitutionality
among other things. His argument was
brief.
Assistant States Attorney McEwan replied
to the motion of the defense, holding that
the law was not special legislation as as
serted. but making no special objection to
the drawing of the jury under the old
common law.
When argument was concluded, Judge Tut
hill said he aid not desire 20 place the prose-
cutlon in an embarrassing position He did
not think the state should be called upon to
test any new law In the trial OF such an
important case as this was acknowledged to
be, and this, more than the reasons assigned
by the defense moved him to sustain the OBJ
jections to the contemplated method Of draw
ing the jury. He then issued an order for a
special venice OF 100 men. and the CAGE was
adjourned until tomorrow.
Deidrich BichneZ Luetgert's brother-in-
law, created a scene in the Jail today by
denouncing Iuetgert and accusing him of the
murder. Bicknez was walking through the
Jail before the court opened and on the
third floor suddenly confronted his brother
in-law. who was standing a few feet away
peerug through the bars Pointing at Luet-
gert. Bicknez exclaimed There is the man
who murdered my sister, This is the best
place for him He ought to be hanged"
Luetgert glared through the iron screen,
but made no sign that he recognized the
brother Of his missing wife,
II was suggested to Bickrez that he speak
to Luetgert. but he drew away with the re-
mark: mo he killed my sister and don't
want to say word to him. have never
spoken to him since the day | notified the
police of Mrs. Luetgerts disappearance ana
never want to speak to him again"