The Washington times., 1921-06-19
LUTZ, SLAYER OF
GRAFTONPOL|CE
CHIEF, MUST HANG
w. Va. Supreme Court Sustains
Decision and Death Date ls
Fixed for July '22.

GRAFTON, w. Va, June ls.--
Twice stayed by the efforts of his
counsel, death on the gallows will
come on Friday July 22, to Jacob
Lutz. who shot and killed Chief of
Police ]. e. B. Phillips. of this city.
two years ago.
Two executions are scheduled to
take place in the State prison at
Moundsville during the month Of july.
Hobart ("PittsburghO Grimm Is
one of the men to die next month.
Grimm was convicted of the murder
of a millionaire wire manufacturer of
Pittsburgh in Brooke county. Two
accomplices received 2o-year SEN
tences and a third life sentence for
the crime.
Grimm win be the nrst man to die
on Thursday In the State prison at
Moundsville. The custom has been
to execute on Friday in West Vir-
gfnia. and the action of the Brooke
county court In naming July Z as the
date for Grimm's execution is the sec
ond departure from the custom in the
history OF the State.
Lutz, who is rated one of the most
desperate of the many dangerous
criminals who have been held in the
State penitentiary at MoundsviIle,
was sentenced last Monday by Judge
Warren b. Kittle, acting on the
mandate of the State supreme court,
which sustained the decision of the
Taylor County court
CASE WAS HARD FOUGHT.
The completion of the case of the
State against Lutz ends two years
of continuous struggle with techni-
calities of the law.
II Lutz is not pardoned by Gov. r.
r. Morgan, of West Virginia, or un-
| less he is given a stay of execution,
his execution will be the first of any
prisoner sentenced in Taylor county.
All others going to the State penitee-
tiary from here with the sentence OF
death have either been pardoned or
are life prisoners.
Lutz was a resident of Baltimore,
Md. before coming to Grafton, and
while in that city was arrested sew
| eral times on minor charges, includ-
ing that OF bootlegging. Later he was
suspected of engaging in the robbery
| OF a bank and large department store
| in that city. and was chased by Of
ficers. Lutz escaped to Grafton. and
| here went under an assumed name for
a while and got work at the Royal
window Glass house, where he hscame
known as a labor agitator.
! Staying IN 1919.
Jacob Lutz shot and killed Chief
Phillips on the morning of Sunday.
| February II, 1919. Phillips ap.
preached Lutz on the sidewalk and
arrested him after finding quart
of whiskey in his possession. Phil
lips started with Lutz toward the
] county Jail, but when they had gone
short distance. Lutz drew re-
volver and shot Phillips through the
body. Phillips died~soon afterwards.
\ While Lutz was in the county Jail,
| following his capture by local Off
GERS, near Pruntytown. Judge Fort
ney had a special trial jury impan-
| eled and the case was begun.
In a very short while the trial was
completed with the verdict of guilty
OF murder in the nrst degree with
out recommendations. Judge Fortney
| sentenced Lutz to hang. Lutzs at
| torney, however, obtained stay OF
| execution and entered an appeal be-
fore the Suprem eCourt for writ OF
| error. The Supreme Court found an
error in the decision of the Taylor
county court and reversed the case.
The verdict in the second trial
here was the same. The death SEN
| tence was again pronounced, and
again the attorneys for the defense
| got a stay of execution and appeal
ed for writ of error before the
State Supreme Court. On April % the
Supreme Court of Appeals at Charles
ton handed down its decision as "af-
frming and remanding the case to
the Taylor county court"