The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-15
PLEAS FOR LUETGERT
ATTORNEY PHALEN CONCLUDES HIS
ADDRESS TO THE JURY,
And Ex-Judgc Vincent Begins the
Closing Argument for the Defense
with "a Display of Oratory.


dress after speaking two hours this morn
ing. and then Attorney Vincent began the
closing address in behalf of the defendant.
The main point Of his argument to-day
was to raise in the minds of the jury a
doubt as to whether Mrs. Luetgert is really
dead He admitted that she had disap
peared, but insisted that it had not been
shown beyond all doubt that she was dead.
Having spent much time in trying to create
doubt in the minds of the jury, he insisted
that there should be no halfway measures
in the verdict. If Luetgert was guilty of
this crime he deserved all that the law
could mete out 10 him, but if he was not
guilty beyond all doubt he should be set
free. Mr.. Vincent insisted that the case
was not one for compromise verdicts. 1t
would not do to sentence the prisoner to
the penitentiary, because it was just posi-
Bile that the woman might turn up some
day. If the jury believed that there was
any likelihood Of her turning up at any
later day, it was their business to acqut
the prisoner now.
The little sons of Adolph Luetgert, who
We're yesterday removed from the side Of
their father by order of Judge Tuthill, were
not in court to-day when Attorney Phalen
resumed his address to the jury. The alb
sence of the children was taken by the
prosecution as confirmation of the asser-
ton yesterday that the little boys were
brought into court after an absence of sew
eral weeks simply to play upon the SYM
pathies of the jurors. When this scheme
was baked by the order of the court there
was no longer necessity for the presence of
the children, and to-day they were kept at
home. I.uetgert shed tears in parting from
his children last night. 1t was the first
genuine display of emotion the sausage
maker has made since his arrest The al
legged wife murderer brushed the tears from
his cheeks with his big hands and kissed
his fair-haired boys goodbye Whatever
may be the mans disposition toward others
there can be little doubt about. his affection
for the children of the woman he is said
The expression upon the face of Luetgert
this morning indicated more than words
could express that he spent a restless night.
He is breaking down. was the comment
of those who know the man we'll The
strain is at last wearing cut the overtaxed
nerves OF the prisoner, and 1t will not be
surprising If total collapse follows in the
event of conviction Dark rings encircled
the swollen eyes of the prisoner this morn
ing, and his manner was subdued in COM
parison with the spirit he displayed some
weeks ago.
LUETGERT FEARS DEENEN
The arguments of counsel which bring up
in review all the details of the famous trial
affect Luetgert more than did the varied
testimony of the witnesses. All the events
of May l and the Developments since that
time are marshaled into line and paraded
before the jury recalling to Luetgert's
mind the vast amount of evidence which is
welded into the circumsantial chain. Most
of ALL Luetgert, it is said, fears the closing
speech of States Attorney Deenen. The
states attorney is rapid, forceful and elo-
quent speaker. He is resourceful and his
style is of the order that electrifes and i'm
presses a jury. There is no tagging while
he is speaking and the defense seems to
dread the fact that he will prepare the
minds of the jurors on Saturday for the re-
ception of the courts instructions.
Although he was i'll when he stopped
speaking last evening Attorney Phalen was
apparently much refreshed to-day and in
good voice. He resumed his argument and
made the declaration that the defense had
not only broken the states circumStantial
middle. but that it had scattered the frag
ments to the four winds. He reiterated the
corpus delicto of sufficient reliability for
serious consideration when a human life
was at stake. For aught we know Mrs.
Luetgert Is at this very moment in the en-
joynent OF robust health in the land of her
nativity" shouted Attorney Phalen. Then
he let his voice down to a heavy whisper
some family remote from the habtation of
intelligent civilization in partially de-
mented condition.
The lawyer next took UP the matter of
the rings found in the middle vat in the
Luetgert factory. "These rings are consid-
cred by some people as the strongest fea-
tlre in this case he said. I'm one sense
they are-or rather were until we proved
beyond question of doubt by one who had
seen Mrs. Luetgert's rings repeatedly that
the rings found in the vat were never
worn by her. They were not her rings How
did they get into the vat? l don't know.
Rather, ask the question, were they ever
4w, hot NrofY pnlf cav hnU
that they found them in the bottom of the
vat wherein the body Of Mrs. Luetgert is
said to have been DESTROYED by caustic
potash. But policemen say many things
and there were contradictions upon this
point which ought to raise reasonable
doubt, / think, i'm the mind of any fair
Juror. If those things We're in that vat they
were placed there by some one who sought
the ruin of Adolph l.. Luetgert." Perjury
on the part of the witnesses for the state
in relation to the rings was charged in
common with perjury upon other vital evil
dence IN the case
vINCENTS ADDRESS.
The speech of ex-Judge Vincent, chief
counsel for the defense, was the leading fea-
ture of the afternoon session of court 1t
was the most eloquent argument thus far
addressed to the jury. 1t was a plea full of
pathos for a human life. Ex-Judge Vim
cent is man of fine presence and of mag
retic personality. His voice is strong and
pleasant to the ear and is fluent in deliv-
cry. He is also possessed of many of the
arts of the accomplished orator. and brings
his climaxes to the attention of the jury by
facial expressions and gestures that inn
press the force of his remarks.
Gentlemen of the jury was Mrs. Louise
Luetgert alive on May or is she dead?"
began ex-Judge Vincent, and he paused a
moment to allow the jurors to revolve the
query in their minds. rs Luetgert guilty,
or is he innocent?" continued the lawyer
81 think 1t was Juror Boyd who, when
asked, nearly two months ago, if he
thought Mr. Luetgert had killed her, re-
piled: One depends very largely the
other That was aptly put. During the
progress of my address to you l shall have
of Mrs. Luetgert to disappear. Mr.. Nc
Even has said that people do not disappear
of their own volition nowadays. Is the tel
egraph any more trustworthy or serviceable
to-day than when Diedrich Bicknesse tried
to discover Henry Bicknesse. brother of
Mrs. Luetgert, when he disappeared mys-
teriously twenty-five years ago."
Il object to that. interrupted Assistant
States Attorney McEwen. There is no ev
idence to support that statement"
"Oh, but there is retorted ex-Judge VIM
cent and he picked up a typewriter copy
of the evidence and read paragraph which
sustained him. Then he went on to declare
that disappearances are not unusual. Who
dares say with the positiveness that
reaches beyond reasonable doubt that
Mrs. Luetgert is dead?" oueried the
jury. And If she is not dead Luetgert is
en- innocent man. We believe she still
lives. None of the Bicknesse family knows
to-day whether Henry Bicknesse is dead
or alive. lie disappeared twenty-five years
ago.. He is. or was, as the case may be, a
brother of Mrs. Luetgert."
Ex-Judge Vincent next paid his attention
to the police department. He criticised In
a4fA stsn.Ixr