Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-10-19
IN JURY'S HANDS.
Luetgert Case Given to Them
at AS P. NJ, Monday.
Charge Of Judge TuthiI| Seems Very
Fair Toward Defendant.
State Attorney Desnan RedicuIes Defence in
His Closing Argument.


| morning. with the greatest crush yet
seen at the criminal court building. It
was known that today would be the
closing day of the great trial and that
State Attorney Deenen would make a
| speech.
Thousands of persons formed in line
| before the criminal court building as
| early as o'clock in the morning. 1t
was mild mob and there were numer-
| Gus unpleasant collisions between the
bailiffs and the turbulent people.
Luetgert came into court smiling and
| apparently in a pleasant frame of
| mind.
States Attorney Deenan promptly be-.
gan his closing argument. He opened
with defense of several Of the lead
| ing witnesses for the prosecution.
| After four or five days of oratory or
the part of Judge Vincent and Attor-
ney Phalen which have We to an
| swer?' asked States Attorney Deenen
in quick emphatic style. Simply rdi-
| Guile. shall not waste time answering
the assertions of orators who assail the
| regulations of men of learning, VINO
are recognized authorities upon the
subjects which they were called to
testify. This mode Of attack upon the
| witness for the prosecution partook of
billingsgate in which l shall not in
dulge."
States Attorney Deneen continued
to discuss the evidence for 21s hours.
"Gentlemen it has been said that AS
sistant States Attorney McEwan did
not ask the inflcton of the death pen
atty. This is true. / don't think it is
usually within the province of a states
attorney to ask a jury to return such
verdict. But this crime is 50 henious
so cruel. so wanton, that feel perfect
" justified in asking at your hands the
extreme penalty of the law in the case
of Adolph Luetgert."
Judge Tuthill swung around in his
chair until he faced the jury and de-
liberately picked up his notes on the
charge he began their reading.
Judge Tuthill instructed the jury as fol-
lows: Before conviction can be had in
the case. the state must prove beyond
reasonable doubt and to a moral Ger.
tainty, first that Louisa Luetgert is dead:
second. that she came to her death on
the first of Many. 1897 in the county of
Cook, state of Illinois: third. that Adolph
l.. Luetgert. the defendant. willfully ma
iiciously. feloniously and of malice afore-
thought. killed and murdered the said
Louisa I4uetgert 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
jury beyond all reasonable doubt, every
material allegation in the indictment and
unless that is done. the jury should find
the defendant not guilty. 1t is not in
cumbent upon the defendant to prove
that Louisa Leutgert is alive or ner
whereabouts or what became of her If
is is possible for you to reconcile the
facts III 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 a matter of law.
that If you believe from the evidence be-
yond reasonable doubt that the de-
PENDANT assaulted and killed Louisa
LIetgert as charged under circumstances
showing no considerable provocation. but
heart on the part of the defendant and
total disregard of human life. then the
law pronOunces such killing to be murder
and jury should so find.
1T matters not that such evidence is
circumstantial. or made up from facts
and circumstances. provided the jury be-
lieve that such facts are circumstantial.
pointing to the defendants guilt. have
been proved. so that from a considera-
ton Of all the evidence in the case. there
Is no reasonable doubt in the mind of the
jury as to the guilt of the defendant.
Direct and positive testimony is not nee
essary to prove the intent. 1t may be in
ferred from facts and circumstances
shown by the evidence.
mo man may be convicted of a crime
until what is known as the corpus deficit
has been established by the prosecution
and unless you are convinced by the evil
dence in the case. beyond a reasonable
doubt that Louisa Leutgert 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 it is your duty to acquit the
the state is required to produce only such
legal evidence as establishes in the mind
of the jury. beyond reasonable doubt,
ment has been. in fact, committed. in
manner and form as charged and that
the defendant is guilty of its commission.
and it matters not that the proof of such
corpus deficit consists in whole or in
part, of circumstanttal evidence, pro-
vided it is sufficient to satisfy the minds |
of the jurors beyond a reasonable doubt |
while the statute of the state provides |
that person charged with crime may |
testify in his own behalf. he is not UNI |
der any obligation to do so and the statute
testify shall not create any presumption
against him.
Then Judge Tuthill read the different |
forms of verdicts. which included one for
y,
another fixing the penalty at life impris-
the third. providing for term
Of imprisonment of not less than IA years.
and the fourth was for mot guilty." AS
Judge Tuthill finished the reading, he
looked up at the jury and said: Gentle
men, you may retire and consider your
verdict" 4.
Immediately there was an uproar in the
court room. The crowd seemed to want
to get near Luetgert All wanted to see
how the big sausage maker stood the
final ordeal now that his case was in the
hands of the jury.
Bailiffs Connor and Wolcott were
sworn in by the clerk to take charge of
he jury. When the II men marched out
IF the room moment later, Judge Tut
hill ordered the room cleared and an
that he would adjourn court UNI
I'll o'clock tonight, but it was agreed
hat Judge Tuthill would remain at the
criminal court building until 10 o'clock
md be within few minutes walk OF
lis court room all night. Luetgert stood
Up and with his little golden haired son
n his arms received a few friends. His
on Arnold and VIM. Charles pressed for
ward and warmly shook the hand of the
prisoner. He soon returned to his cell,