The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-07-23
REVIEW OF LUTz CASE

/ have thought that perhaps slight
nudIcum vi truth would III some meas
rurr rcutr;t, IEr he many gross nlSStht'-
mrntS published concerning ms case
and might hc refreshing and emil t'n'ch-
ing 10 your readers the C:tI%"nTE al
West Virginia. In the first pIhr" I'ut%
WAS not tried three times rs stated IN
the la;c issues OF your paper. Thous-
ands If dollars were not spent 10 save
his life. lie had not even means TO get
the record Of the evidence on his second
and last trial. lie was stranger with
OH, arOuaintanccs and without iuNu"1-
,ial friends What was done 7" say"
his If" after HIS conviction and sentence
was don" from purely misunderstood
motives ny those who received n" pcCn-
mary reward whAtrvCr FOR their ser
vices The facts OF N" case ar" briefly
these l.utL was stranger IN IN" ''fE
of Grafton he was 4 foreman Of men
ENGAGED IN railroad construction work.
lie was standing on the street corner.
u,oleSting no one when h" was APP
pruachcd by policeman who searched
him wtthou, any warrant. and finding
some whisky undertook 10 take him 10
fail without any warrant. LutZ went
with the officer som" distance and then
finding that the officer had no warrant
declined 10 go any farther. scufhe
rnSurd in which the officer struck l.uf2
over tho head with his mace. In tho
m DIS, OF the melee LuZ shot the othrcT.
Lutz was probably guilty OF man
slaughter but not guilty Of murder IN
tho first degree for there was no pre-
meditation nor detlhcratlon. hut the OF
tiCcr was very popular ind l.utH 81
stranger and the jury found Rim guilty
Of first degree murder This verdict was
set aside by the supreme court wh'Ch
had tho facts before them. lie was
tried the second time and the same YER
dict was found, the evidence being me
same as on thc irSt trial, But TINS time
I.utz had not money 70 ScCur" copy
~ tho evidence and consequently the
facts were not presented TO the suprem"
court and for want OF this evidence The
supreme court said. We reluctantly ar
firm the judgmcnt"' Forty lawyers and
amongst them many Of the very best OF
Ohio. Marshall. Marion. Harrison. l%d
bridge and Taylor CountiCs-.nc!udcd
with these were two judges OF the cir
cult court having read the record and
examined into the case certified that IN
their opinion l.uiz was not guilty OF
first dcErc" murder. and asked IN" gov
rrnor 10 commute his sentence 10 life
imprisonment
To secure his conviction N thH Nrst
instance II was falsely represented that
Lutz was y German syupath,Z"r and
labor agitator. ho;h of which wcr" false
reports. More recently false reports ~
the groSSrSi character wcr" mad"
against LUZ ny those who seemed /"
thirst for his blood,
What subtle jnhucnec prevailed over
the truth and induced Governor Morgan
70 permit a comparatlvc,y innocent man
70 go 10 ;hc gailows will perhaps n"v"-
bs known: hu; tn" sin and the shame 90
this execution Wi! remain as 4 burning
and lasting diSrracc in the history or
our state and 10 his administration.
WAS not his counsel and had n" part
IN the trial or management Of his n ("
and make this statement IN simple JUS
ticc which were hHan"d upon him here.
Very respectfully
! Howard Eol'.
M"undSvil'c. W. Va.
To tho Int"lliCencer.
Wheeling W Va.