The times. [volume] (Richmond, Va.) 1890-1903, 1897-10-19
TN THE HANDS OF A JURY
ADOLPHE LUETUERT's FATE WILL
s0Oy ne DECIDED.
In His Instructions Judge TuthilI Says the
Corpus Deficit Must BE Proven.
The Prisoners Nerve.

1
Tho jury at l o'clock was stu in the
| jury-rOOm and seemed no nearer YER
dict than at any time since IT went out.
There Is no chance OF verdict being
! announced before the opening or court
! this TUESDAY, morning at $3.50 o'clock.
! At 1870 this morning information direct
/ from the jury room was TO the enect tnat
I no agreement had taken place, bOth sizes
/ being obstinate and the chances u All
agreement before morning were very
FAINT.
just how the jury stands could not be
learned. but 1t is now thought that the
nnal outcome will be a disagreement.
IHk LAST DAY.
CHICAGO, ILLS. october B--The fate
Of Adolpho Luetgert accused OF murder
ing his wife and dissolving her body In
! vat flied with caustic potash. Is now In
the hands Of the jury.
Judge Tuthnl finished his charge 10 the
! jury at 4:4j 4. NJ, and i've minutes later
the jury filed out and was locked In the
| jury room. Supper was sent in TO them "A
short time later, and after IL had been
disposed Of they set earnestly 10 Work on
the evidence.
Judge Tuthill took up quarters near the
Criminal Court building in order TO be
within easy call If a verdict should be
reached during the night.
AT midnight not word Of any sort
had come from the jury room and the
| chances of an all-night wait for the ver-
/ diet seemed excellent. Rumors OF all
kinds foated around.
The attorneys on both sides were con-
fdent at midnight of a verdict favorable
to their side, while tho opinion of the
public was towards a disagreement.
States Attorney Deneen, occupied the
greater part of the day with his closing
address lie concluded by asking that
the extreme penalty be given the prison.
or
A buzz Of comment ran through the
| court room as the States Attorney TIM
fshed his address and was congratulated
by a few friends who sat near him. The
| Judge granted an impromptu recess and
| left tn. room. Luetgert got up and
/ went out also for "a drink Of water.
THE INSTRUCTION
In ten minutes the jury had returned.
Judge TuthilI swung around In his chair,
until ne faced the jury and deliberately
picking up his notes, he began their
| reading. Judge Tuthill instructed the
| jury as follows:
Before a conviction can be had in this
case the state must prove beyond q
reasonable doubt and 10 a moral certain
ty. first that Louisa Luetgert is dead;
second that she came 10 her death on
the first of MAY. 1897, I'm the county Of
Cook. state Of Illinois: third. that Adolphe
L. Luetgert. the defendant. wilfully, ma
lciously, feloniously. and of malice afore-
thought, killed and murdered the said
Louisa Luetgert hy some Of the various
means charged I'm the indictment. or by
means unknown. The burden Of proof
rests upon the prosecution TO make out
and prove to the satisfaction Of the jury
beyond all reasonable doubt, every mate
rial allegation I'm the indictment. and
unless that has been done. the jury Will
md the defendant not guilty.
at is not incumbent upon the defendant
TO prove that Louisa Luetgert Is alive.
or her whereabouts. or what became or
her If II Is possible for you TO recon-
cile the facts in this case upon any rea-
s0nable theory consistent with the limo
cence Of the defendant. II is your duty
TO do so and find him not guilty You arc
instructed. as a matter Of law. That u
YOU believe from the evidence hevond "A
reasonable doubt. that the defendant as
saulted and killed Louisa Luetgert, as
charged. under circumstances showing no
considerable provOcation. but showing
an abandoned and malignant heart I'm
part Of the present defendant. and a total
disregard OF human life. then the law
pronOunces such killing 10 be murder and
the jury believe that such facts and cir
cumstances pointing to the defendants
guilt have been proved. so that from n
consideration Of all the evidence in the
case there Is no reasonable doubt In tho
mind Of the jury as to the guilt Of the
defendant
THE INTENT.
Direct and positive testimony Is not ne
cessary to prove the intent II may he in
ferred from facts and circumstances
shown by the evidence No man NAV be
convicted Of a crime unless what is known
as the corpus deficit has been established
by the prosecution. and unless you are
convinced by the evidence In this case, be-
yond reasonable doubt that Louisa
Luetgert died at the time charged
in the indictment and also that she came
t. her death in manner and form as
charged in the indictment. i'm such case
IL is your case to acquit the defendant
ITO prove the corpus delectl. the State
is required 70 produce only such legal evil
dence as establishes in the mind Of the
jury beyond reasonable doubt. con-
vction that the murder charged I'm the
Indictment has been i'm fact committed I'm
the manner and form as charged, and
that the defendant is guilty Of its com
initial, and it matters not whether the
proof Of such corpus deficit consists in
whole or part OF circumstancial evidence.
provided II is sufficient 10 prove in the
minds Of the jurors beyond a reasonable
doubt as charged.
While the statutes provides that a per-
son charged with crime may testify In his
own behalf. he is not under any obliga-
lions to do so and the statute expressly
declares that his neglect TO testify shall
not create any presumption against him"
THE JURY RETIRES.
Silence as still as death pervaded the
packed courtroom while the Judge was
reading his instructions. His voice was
clear and strong. and even the throng
which was wedged into the corridor out
side the courtroom heard every word.
The Jurors stood and listened 10 every
word attentively.
When Judge Tuthill ceased he read the
different forms OF verdict that had been
prepared. They incued one for murder.
providing for the death penalty; another
fixing the penalty at life imprisonment
the third providing for term OF I'M
prisonment Of not less than fourteen
years, and the fourth for mot guilty
AS Judge Tuthill finished he looked up
at the jury and said:
Gentlemen. you may retire and con-
slider your verdict"
Then there was an uproar in the court
room. People who had been sitting rose
to their feet and the shouts OF the
bailiff ordering everyone 10 sit down
availed nothing. The crowd surged for
ward and took every inch of space 10
where the circular fence barred them