The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-09-01
His Night Waterman Tells of the Hap-
Fatal Night of May L.
TESTIMONY OF MRS. ToSCH
WHO WAS ONE OF THE FRIENDS OF
THE MURDERED WOMAN,
And Who Was Asked by the Prisoner
ters-Bad Day for the Defense

CHICAGO, Aug. 31.-Three witnesses
were placed on the stand by the prosecu-
ton in the Leutgert trial to-day. Probably
the most important witness of the three
was Frank Bialk. night Waterman at the
Leutgert sausage factory. Bialk, who is a
German sixty-four years old, was a trust
ed employee Of the defendant. for whom he
worked several years. His testimony,
which he gave in German, bore directly
on the movements of the defendant during
the night of May l. He also related how
two barrels, which it is alleged contained
caustic potash, were stored on one of the
upper floors of the factory and were, short
ly before May /, taken TO the basement
where the barrels were emptied into the
vat and dissolved by steam. The other
witnesses were Charles T. Meander, a
photographer who identified several views
of the Luetgert factory. and Mrs. Agatha
Tosch, the wife of a saloon keeper. Mrs.
Tosch was frequently in charge OF her hus-
bands saloon and had several conversa-
tions with Luetgert after the disappear
ance of his wife. She has been regarded
as one of the states strongest witnesses,
being one of the few who smoke is
suing from the factory the night Mrs. Luet-
CERT disappeared She swore that Luetgert
had urged her not to say anything about
the smoke as it might get him in trouble.
Witness also told OF how pale Luetgert was
on May and on one occasion had told
her that he felt like killing himself and
would do so if it were not for leaving his
little children.
There was a greater pressure than ever
this morning for seats in the courtroom
and a great crowd stood on the outside I'M
III ut. eNs1ti 10 lfatpA Nl
the large number of women who succeeded
in securing seats in the courtroom before
the proceedings began. Women of all ages
were among the spectators.
THE DEFENSE OVERRULED.
At the opening of court the defense asked
the judge to compel the state to set forth
by what means, according to the theory
OF the prosecution, the life of Mrs. Luet-
CERT was taken before her body was placed
in the vat. Judge Vincent obtained the ear
of the court at the beginning of the pro-
ceedings and said the indictment, which
contains twelve counts, does not state the
manner of Mrs. Luetgert's death. The first
six counts, the attorney said, allege that
she was drowned in vat containing water
and caustic soda or potash. The seventh
count charges that she was struck ana
knocked down by some blunt instrument
the. eighth alleges striking and instantly
killing her; the ninth count alleges str1k-
ing with some deadly instrument, while the
tenth charges that she was s abbed with
a knife. The eleventh says she was chokeo
and her life thus taken, and the twelfth
and last alleges that the life was taken by
some means unknown. THE state has out
lined the manner in which it is believed
the remains of Mrs. Luetgert were de-
stroyed. We are entitled to the knowledge
the state has as to the means of her death. "
Judge Tuthill promptly decided that the
state was not bound to specify the means OF
death.
dec, photographer, who identified dozen
views of the Luetgert factory. There We're
pictures of the buildings and surroundings
and fiash-light photographs of the base
Mrs. Agatha Tosch, wife of Michael
Tosch, saloon keeper at No. 629 DlVersey
avenue. was called next. She was
ed the latter occasionally at her home
Mrs. Tosch said that on Sunday afternoon
May 2, Luetgert came to her husbands sa-
loon and bought a glass of beer. He was
pale and excited and she asked him what
was the matter with him. question which
he did not answer. May 10. she said, sht
appearance of his wife. He said he did mol
know where his wife was, and was as in
nocent as the sun in the sky. She told him
she believed he was guilty and Luetgert re-
piled that he felt like taking a revolver
and killing himself. He would do so, he
said, but for the children. Mrs. Tosch said
Luetgert asked her what she. had heard
from the detectives who were about her sa-
loon and what she had seen or heard her
self
DECIDEDLY HOSTILE.
Mrs Tosch showed a decidedly hostile
spirit toward Luetgert and in a number OF
details she improved on the story she told
to Justice Keisten and in Judge Gibbons :
court in the habeas corpus proceedings. She
said Mrs. Luetgert once had an attack OF
throat trouble and Luetgert told the witness
in a conversation that if he had delayed
minute longer in calling doctor the
RATED beast" meaning his wife, would
have been dead. In her previous testimony
Mrs Tosch did not use these words She
said that in her conversation with him on
May 10 she asked him what caused the
smoke from the factory furnace on the
morning of May 2, and he asked her not tc
say. anything about the smoke. In her
former testimony she said Luetgert once
told her he sometimes became so angry al
his wife that he could take hold of her
and indicating by a gesture, crush her
This morning she swore he said he could
crush her, using the word "crush" in the
German and not merely indicatin it by d
gesture. The witness said Luetgert TOLD
her he had great deal of trouble with his
wife and had ceased to live with her. She
objected to the presence of Mary Simmer
ing the servant, in the house, but Luetgerl
told the witness that if his wife turned
Mary away he would take her into the fac
tory with him.
Mrs. Tosch was subjected to a severe
cross examination. during Wnlcn Sne was
asked if she did not know Luetgert was out
of the city when his wife was taken sick
with the throat trouble. Judge Vincent
asked her if she did not say TO Luetgert on
May 10 that if he knew his wife well as
she Mrs. TOsch) knew her he would let her
go and not worry about her She declared
that she did not make this statement. She
was then asked if she did not suggest 10
I,uetgert that he could come to her house
with the two children to live and she would
be mother to the children Her answer
was an emphatic No.
BIALXS TESTIMONY.
Frank Bialk. the old Waterman, who was
employed at the sausage factory. the
next witness. Bialk told about the ar
rival at the factory, in March last. Of sew
eral barrels which were stored on one of the
upper floors and shortly before May 1 re-
moved to the basement These are the bar
res which, 1t is alleged. contained the caus-
tic potash. and the witness said the stuff
was emptied in the middle vat in the base
by steam. At this point the court took a
recess
Watchman Bialk. continuing his testi-
mony at the afternoon session, said there
was steam under one of the two boilers in
the furnace room when he arrived at tho
factory al D. m. on May ]. Luetgert
turned the steam into the vat in the base
ment and instructed him to keep up steam
during the night he would need IL in
the basement. At 9:15 Luetgert sent him
TO drug store 10 purchase patent nerve
medicine He was gone over half an hour
and gave the bottle TO Iuetgert through
the gate TO the sausage makers office.
which was locked. After 10 O'Clock he was
again sent 10 the same drug store, but the
second frfp consumed more time. He re-
~ hot Ia rf