Semi-weekly Express, Terre Haute, Vigo County, 19 October 1897 — Page 1

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TJlty Treasurer I'alch Lovies on the Compauy's Cars and the Police Pr«fv«nt •. .Thorn From Running.

JOSHUA TUMP NAMED AS RECEIVER

NOT AC4K MOVED UNTIL NBABW O'CLOCK YESTERDAY.

The City Also Goes Into the Case, as tbe Company Owes Large Sums For Street Improvement.

The Terre Haute street railway is in the

hands of a receiver. Russell B. Harrison

ceased to be the head of the company at 11

o'clock yesterday. After thai hour Joshua

J. Jump was in control of things.

The climax in ihe financial embarrassment

of the Terro Haute Electric Railway Co.

came yesterday morning at 5 o'clock when

City Treasurer Charles Balch, followed by

a detail of police, under Sergeants Bidaman

and Welch, proceeded to the power house of

the company and attached every car the

property of the company.

For more than a year it has been known

to many that the Terre Haute Electric Rail­

way Co. was in hard lines. Three weeks

ago, sometime after the council had voted

unanimously to issue refunding bonds to tha

extent of $58,000, and when Mayor Ross re­

fused to sign these bonds it became a fore­

gone conclusion that the end was not far

distant. This, of course, taken in connection with the fact that City Treasurer Balch had served notice on the president of the company to pay his taxes or be levied on.

When the city treasurer and the detail of police arrived at the corner of Ninth and Main streets the employes of the company er6 on hand ready to take out the cars. Indeed, two cars were already out on the Main street line ready to start off. The police, acting under instructions from the city treasurer, notified the motormen to abandon the cars and report at the power house. Three big officers stood at the corner of Ninth and Main streets, two more were at Mulberry, while at the power house, were the two sergeants and one other officer.

President Harrfcon, Superintendent Burke, Messrs. Thomas and Rippetoe and even Surgeon Stunkard were notified that the cars had 'been levied upon'and very soon carriages began hurrying -toward the power plant. They brought President Harrison, Superintendent Burke and Attorneys McNutt & McNutt and Robert Catlin. President Harrison when he drove up went immediately to his office, where for a time he was closeted with the three attorneys. At the conclusion of the conference tbe employes of the road were notified they should stay at the power house until called for duty. This they did and they were not called until nearly 1 o'clock in the afternoon.

The Terre Haute Electric Railway Co.. owes to the city of Terre Haute about $15,-. 000. Of this amount $5,000 is due as taxes.. For some time 'the city treasurer has- been trying to collect this tax. He has made repeated entreaties to Mr. Harrison, but has always been told that the street car company simply couldn't pay at present. Finally it became known to the treasurer that the electric light plant had been merged with the railway company and another plan was tried, to collect the taxes. The treasurer tried to have the council turn over the amount of the lighting bill which was something over $2,000, to tshe city in payment of the taxes. But at phis important point there came a legal decision from the city attorney that this could no be done, as the bill was made out in favor of the Citizens' Electric Light & Power Co. Thus the taxes still 6tood on the books of the city.

Finally a caucus of the common council was called, and an attempt was made to find a way out of the trouble. The matter was left In tiie hands of t'he finance and judiciary commiUees, which were to act with the city attorney. Mr. Harrison was called in and a proposition was made. He was asked to allow one-half of the money due him for light to go on the payment of the taxes of the street railway. This he said he could not do. Time passed and day by day the city treasurer became more anxious to collect and tthe affairs of the electric railway company did not brighten. The issuing of bonds was finally resorted to, ahd an ordinance was drawn up authorizing the issuance of the bonds. The council voted, after an extended discussion, to issue the bonds. The amount was $58,000. After the vote had been taken Mayor Ross declared himself. He said tfiat he did not believe the law under which it was purposed to issue the bonds was constitutional and for that reason he would refuse to sign them. "You may mandate me. gentlemen." he said, "but I shall not sign them until you do. Either this or you must bring me proof that the new law is constitutional." This was the end of the bonds, as no councilmen, even those who voted for the Issue, have called up the quesdon since. The matter of these bonds took the case back to the time Ninth street was paved and the street railway company was given the benefit of the provisions of the Barrett law, which allowed the company ten years in which to pay for its pari of the improvement of the street. It was a Democratic council which floated the bonds at this time, and while the mayor signed tfeem toe says he said at the time he -didn't believe the action was legal. But they were all signed up and the street railway made four payments on them, the coupons being taken up and the bonds canceled. "When the JaSt legislature met the assembly amended the provisions of the Barrett law. Before this, however, but after the first lot of bonds »had been issued, an opinion was secured from Judge Elliott, in which he declared the street car company was not entitled to take advantage of the former law, being held that the law only applied to the abutting property, and that the street car oompany was the owner of no abutting property.

The amending, of the first law made it possible for street railroad companies tol oome under the provisions, but Mayor Ross has always doubted its constitutionality. This is what caused him to refuse to sign the last issue of bonds which were to take tip the old bonds. The first lot of bonds had beeu sold at a high rate of interest and it proposed to get them refunded at a Jewer rate. But here the objection raised the mayor aad city treasurer came in.

SHI Msi

It is their statements that under the plan as proposed the bonds now outstanding and some of which have been defaulted were not only to be taken up but the new loan included the refunding of the bonds long ago taken up and canceled. This, they believe was for nothing more or less than the serving of a double purpose. The bonds now outstanding and some of them defaulted would" not only be called in and refupded but the issuance of the new bonds would mean ti-at the street car company could draw Lack the amount paid in by them under the Barrett law. This would leave the street car company several thousands of ready cash, but the city would still be liable for the bonds and would be giving out again something which had once been paid and canceled. This, Mayor Roes says, is the reason he refused to sign the last bonds.

The street railway people had counted on this issue. They believed when the council voted to issue them that there would be no trouble as the Barrett law had been amended. But the mayor refused to put his name to them unless mandated and as this would involve a complete insight into the affairs or the company no mandate was issued. Thus the business of the street car company remained In the same shaky condition. The taxes were not paid and Mr. Harrison could not pay them. The end came when the city treasurer levied on the property, as he notified the company Friday he would do. It was stated by city officials yestsritoy that thd early morning.action was to forestall any thing the management of the compauy might have on hand. It had reached the ears of the city officials that there was to have been a federal receiver named for the company yesterday and they stepped in ahead of him. According to their belief the affairs of the company were to have been thrown into the federal courts yesterday afternoon. To guard against any such action the treasurer stepped in before the sun was up and made the levy.

President Harrison had nettling to say for publication yesterday. He only said he had done the tefet he could and iuvv that he was not to be allowed to keep on and try and pull the affairs of tha cjmi'anv cut he would be compelled to at-jp aside an allow the receiver to opente ihe'nxid.' Tber?1 were several conferences batwjen the company attorneys and the atforncv for iho city tres.'-urer, Mr. Stimson. The railw.-iy,, company ptople asked that the cars be allowed to run, they giving assurances 'ho.L th-j lev/ could stard should they .fa'l t.o make immediate arrargements for finmml aid. Ci'y Treasurer Balch was aot to be moved, however, and he told the a:tjrneys for the railroad "ie had tried time ani again +o get tha taxes without forcing matiirs and hal failed and tfrat now he was in possession of ihe property he proposed to nold onto it until there was a settlement. City treau^r Lfelch sail: "I have been trying for two years to get taxes out of Mr. Harrison. He has simply given me a hard luck story every time, saying he couldn't pay, but hoped the times would soon improve. I stood it as long as could. He owes $4,949.6? in taxes. Half of this was due January 1, 1897. He also owes $9,428.52 for this year's installment of street improvements, and $746.69 which the city had to pay Voorhees & Grimes for repaving the alley between Seventh and Fifth and Main and Cherry. This alley was torn up" to put in Mr. Harrison's steam heating plant.. My Jevy this morning was made to collect the taxes. After demanding payment verbally at various times, I sent a formal demand on last Friday, giving him forty-eight hours in which to pay or stay. He has done neither." This morning, he said he could not pay the taxes, nor could he give the bond of $10,000,' which I submitted. Shortly after 4 o'clock this morning I, acting on advice of my attorney, Robert tSimson, made my levy and placed an officer on the head car of each car of the lines, running north, east and west from the street car power house! The rolling stock, including forty-one cars and a. snow plow, is all I attached. I have not levied on the power plant and that is still running. The public still has both power and-light. In fact, there appears to be no longer any such corporation in existence as the power and light .company, Mr. Harrison having endeavored to merge them all into the street railway company. Neither have we ever been able to connect him officially with the steam heating company. There is no record of any such company. I am sorry to have to take such a step I have, but forbearance has ceased to be a virtue. It is my duty to collect the city's taxes. I have no alternative."

It was 11 o'clock yesterday when the city became involved in the controversy. At this hour there was a meeting held in the office of Lamb & Beasley. This firm had been em ployed to assist the city attorney in the matter of the indebtedness of the car company to the city. After a few minutes discussion it was decided to petition the court for a re ceiver for the company. It was alleged the company owed the city the sum of $9,428.52 for street improvement. It was further alleged the company was wholly insolvent. Furthermore, it was stated in the petition for $ receiver that the company had a first mortgage indebtedness of $400,000, besides the street improvement and tax debts. The case was taken before Judge Henry, and he named Judge Joshua Jump as receiver for the company. Three names were mentioned as acceptable persons for receivers, but the court decided as Mr. Jump was agreeable to the attorneys for both the city and the car company, to appoint him. Mr. Jump filed his bond at 8 o'clock In the sum of $50,000. His bondsmen are John E. Lamb, Frank McKeen, John&T. Beasley and B. V. Marshall.

A detailed statement of the troubles of tte street car company would make a volume. However they date back several years and the records of the council are replete with Interesting chapters. It was back during the time when the franchise for lighting the city was awarded the Harrison company that it became noised about that Mayoi* Ross was fighting the president of the street railway company and these rumors have never died out. Only yesterday when the receiver was appointed it could be heard on every hand that Mayor Ross was behind it all and was doing all in his fiwar to kill off the railway president. This Msyor Ro^s* denies most emphatically. H-» sTd to a reporter for the Express that ho had tried to treat Mr. Harrison witfr kindness and was now ready end willing to sign his bonds providing he could be assured that the law was constitutional. Mayor Rosi: talked at: great length ai this subject of the present receivership ana also on the question: which have come up in couucil it the past lie said in part: "I have tried to. be good to Mr. Harrison, but it appears he would not let me. There fcas never been a time I was Lot willing do what I could. I admire the man's pluck and am not blind to tbe fact that he has done much for The city. We have bad ,rtr little spats, it is true, but I hold no animosity toward him. The nearest we ever cam-? to open hostilities was when he made a remark in the down stair's hallway of toe city building some time ago. It was all about the ordinance which was up be*ore the council. At this time, you will remember, for you were there, at the time, Mr. Harrison said tbe opinion on which I based my stand in regard to- tbe Barrett law wes a purchased opinion. I asked him who ma'Je the purchase and he said \ndy Crawfcid and myself did. I tli?n called him a liar and insisted Mr. Crawford and Judge Elliott,

Cootipuoa ob Page.

VV. J. UKYAN REPUDIATES BY TELEGRAM STATEMENT AS TO CAMPAIGN.

Says He Has Mot Expressed

Nor

Cares to

Express His Opinion as to the Future Mayor of Greater Mew York. 1

EYANSVILLE COURIER SAID IT

RECENTLY QCOTISD BRYAN AS HAVING SPOKEN IN FAVOR OF GEORGE.

Speeches in the Boroughs of Greater New York Last Night—Outsiders Take a Haud.

Chicago, Oct. 18.—Referring to the belief

expressed by the followers of Henry George,

that recent utterances of William J. Bryan

indicated his support of the George ticket

}n the Greater New York campaign, Mr.

Bryan wired the following to the Associated

Press tonight:

Norfolk, Neb., Oct. 18.—I have not expressed any opinion in regard to the New York mayoralty campaign, and do not care to express any opinion in regard to it.

W. J. Bryan.

New York, Oct. 18.—The campaign committee of the Jeffersonian Democracy is oat tonight with a statement that Wm. J. Bryan is i" favor of Henry George for the first mayor of Greater New York. They base their statement upon an interview which appeared in tht Evansvllle (Ind.) Courier on October 8th, and which was only discovered today.

According to the paper mentioned, this is one of the questions asked and the reply be made: "Do you think Henry George will toe elected mayor of Greater New York?" "I think he has a splendid chance of bei the next major of New York. He is well known to the people of New York City. The masses believe in him, and will support him at the polls. I do not think national issues will cut much figure in the New York election."

Dozens of meetings were held tonight in the boroughs making up the new city of New York. General Tracy, the Republican candidate for mayor, was the principal speaker at the Clermont Avenue rink, Brooklyn, tonight. He dwelt on the interest and importance of the campaign, than which none greater had ever come before the people of this country. He referred to his personal friendship for Mr. Low, which he hoped would continue. All he charged him with was a mistaken judgment and want of political wisdom, that is all.

The concluding address was delivered by Senator John M. Thurston, of Nebraska, who reiterated his statements made at former meetings.

There was a large and very enthusiastic crowd at a Henry George meeting, which was held at the Lexington Avenue opera house. Mr. George made a speech introducing ex-Postmaster Dayton, who was cheered. After stating that he stood on the principles of Thomas Jefferson, Mr. George said that he had asked no allegiance from Mr. Dayton. They were both opposed to one man rule, and thought that the reign of Earl of New York was over.

Mr. Dayton made a long address, attacking Tammany Hall and "Crokerism." Mayor Strong spoke tonight at a Seth Low mass meeting in the Murray Hill lycaum. He said that the people of New York did not need the assistance of Senators Thurston and Foraker in telling them for whom to vote.

Seth Low spoke "tonight at Masonic Temple, Brooklyn. He said in the course of his remarks: "We have senators from Nebraska, Louisiana and Ohio, and I don't know what other states, coming here to tell us whom we people of New York should vote for, telling us we ought to elect our mayor and other officers because of some) effect it is going to have out in Louisiana or Nebraska, or in Ohio. Is that Jiome rule? It does not seem to me it is."

Perry Belmont was the principal speaker at a Democratic meeting In the Academy of Music, Brooklyn, tonight. The 2 500 persons present enthusiastically applauded the name of Robert A. Van Wyck, Democratic candidate for mayor.

Henry George's name was met with ap plause, while hisses greeted the mention of Seth Low.

Other "Outsiders" Take a Hand. Philadelphia, Oct. 18.—The executive committee of the National Municipal Leagua has issued an address to "The friends of good government throughout the United States," the burden of which is a denunciation of Tammany Ball and a plea for the election of Seth Low as mayor of Greater New York.

COURT MARTIAL.

Captain Lowering to Be Tried For His Treatment of Private Hammond.

Chicago, Oct. 18.—Secretary Alger has directed General Brooke that a court martial be ordered for the trial of Captain Lovering in case the captain does not ask for a court of inquiry. Captain Lovering, it is alleged, brutally maltreated a private, named Hammond, at Fort Sheridan recently.

From General Brooke's refusal to talk about the Lovering affair it is presumed that Captain Lovering has not asked for a court of inquiry, and that General Brooke, in accordance with Secretary Alger's instructions, is awaiting the election of Captain Lovering on a court of inquiry or a court martial.

General Brooke declines to admit or deny that he has received the secretary's letter mailed on Saturday. "I simply won't talk," said the general just before leaving his office for the day. Whatever action is taken will be announced by General Brooke in a formal order convening the court.

FUNERAL OF MRS. L. B. ROOT.

Was Buried Yesterday Afternoon From Her Home in Ft. Wayne.

Mrs. L. B. Root, who died Friday afternoon, was buried yesterday afternoon. The funeral services were held at 2 o'clock in the family home, on West Main street, Ft. Wayne. The burial was private and was held at the Linden wood cemetery, the Rev. A. W. Seabrease officiating.

The following is taken from the Ft Wayne Journal: "Of the fine personal character of Mrs. Root, words can give but a weak description. In society she was unassuming in manner, yet trilliant in conversation, and with a personal magnetism which attracted all who met her. Yet it was not in society that Mrs. Root displayed her deepest, womanly traits of mind and heart. Her. devo-

tion to her husband was untiring and ua&alfish. Her deeds of kindness were scattered like flowers all along her path through life. Charity was the cornerstone of her religion, and she was a faithful, consistent communi cant of the Episcopal Church. Loth always to hi 2ak «f her good deeds, the world was seldom t8 wiser of the countless acts which will make Mrs. Clara Sweetser Root to be remembered with the tenderest love so long as her friends live."

TOO COLD AT THE CASINO.

The Society Minstrels Will be Given in tho Opera House.

The young women of St. Stephen's Guild, who are to put on the society event of the season in the shape of a minstrel performance in the near future, have decided it would not be a wise thing to have the show at the Casino. The weather is getting cold and manjr people desirous of seeing the performance would remain away on account of the weather.

Therefore, It was decided yesterday to change the place and put the show on at the new opera house. The members are rehearsing nightly and are ready to put the show on any night. The date has not yet been fixed, and will not be until the latter part of the week.

IT WAS A CLOSE SHAVE

CLIFT & WILLIAMS' PLANING MILL CADGHT ON FIRE LAST NIGHT.

Prompt Work of Fire Department Alone Prevented a Big Fire—Canso Not Known.

It was a little after 1 o'clock this morning that the fire bells rang out sharply with the headquarters call. Belated pedestrians who looked in the direction of Ninth and Main saw a red, dancing glare, and heard the swift beat almost instantly of the feet of the department horses as they thundred down the pavements.

The fire was in the planing mill of Clift & Williams, between Mulberry and Cherry, on Ninth street, a firm which has suffered severely from the red demon twice in the past fifteen years. John Prather, the old watchman of the establishment, first saw the blaze as it crept down the stairs of the two story storage and office building to the south of.: the three story factory. He ran opt and gave the alarm.

The blaze had made its start in the old paint shop on the second floor, above the private office of the firm, where are now stored stock, sashes and glass panes and panels. It is not known how it originated. Mr. John Clift, who was on the scene among the first, said he could not explain it. From the sashes on the floor the flames leaped to the roof. It crept along the ceiling into the next room, and then caught on the baninster of the stairway.

At this stage, the fire laddies arrived. They were hampereid at the start by the line of street oars, which stand in the middle of 'the street before the factory and the barns. They say they lost several minutes by the deilay. There was no room for two hose carts to pass on the inside of the cars, and «toe was obliged to take its stand to the west of the row and run its hose over and between the cars. But in an astonishly short time the water was pouring on the flames through the second story windows and the door below. It did not take long to extinguish them. But when they were through •the wall paper on the wall of the office and tjje cafpets on the floor were soaked, and streaked with the dirty fluid.

There was no way to estimate the damage until day light came. The loss will be almost completely covered by insurance, and Vill hardly amount to more than $500. But itlwa-s a clcse call. Hftd the fire got a good headway in the store room the factory, with its costly machinery and stored lumber, would have been almost certainly doomed.

Something was the matter with the colored company last night. No. Two's truck, from Washington avenue, had almost turned on Ohio street, and No. Four had passed Sixth on Main before the bell at No. One was heard. No. Four had almost reached the flrp before the Ones had turned on Fifth.

MISS GERARD IN A HOSPITAL.

An Actress Who Has Had a Tempestuous Career. ISTew York, Oct. 18.—The Herald says: Bettir^a Geard, the actress asd former society belle, is a patient at Bellevue hospital. Miss Gepard, who is entered on the hospital books as Bettie Scuyler, 28 years o!d, was sent to Bellevue on September 22 last, broken down in health. The physician who has charge if her case refused to talk about her yesterday, but It was learned that the young woman is partially paralyzed and may never recover entirely use of her limbs. But, in spite of her illness' and sufferisg Miss Gerard is said to be remarkably cheerful at times.

Miss Gerard began her reign as a favorite In the most exclusive society In Washington. She is a daughter of General Alfred Ordway. a member of one of the proudest families of the national capital. Some years ago she married "Arthtir Padelford, of Baltimore, who lavished wealth on her for a time, but soon obtained a divorce. After that she became Bettina Gerard, actress. Her experiences during the past few years have been varied and interestftig. Among her husbands were John J. Raffael, a tenor of the Conreid Opera company John Harrison Wolf, leading man In "Old Kentucky." and William Beach, of Nat ^Goodwin's company.

V»«t T.rtbnrs For Catholic Arehbioliopg. Washington, Oct. 18.—The anmaal meeting of the Catholic archbishops of America will be held here' on Wednesday nexr, the first day being give® to the affairs of the Catholic university, and the next to the general affair? of the church. Among the subjects to be considered are the revision of the catechism, the establishment of a Catholic dally newspaper, the education of Indian children and a number of questions affecting the various local archdioceses. All of the archbishops are exptcted to be here with tht exception of Archbishop Kane, who is at present at Rome. Dr. Ccmaty, rector of the university, Is to be Invested with the title and dignity of monsignor, which hono# lately has been conferred upon him by ths pope.

Capture of a I'rntal Nejrro Murderer. Fond Du Lao?, Wis., Oct. 18.—Wm. Payne, the negro who murdered John Beaman, proprietor of tbe Beaman hotel, in this city yesterday. was captured about fifteen miles northeast of the city and lodged In jail at an early hour today. Indignation runs high among the citizens, and unless that feeling subsideB a lynching may result. The governor has been &*ked for troops to guard the

wr V.

Tiro ^fogroes Lvtichpd For Arson. Rome, Ga., Oct. 18.—Reports from Somervfce state that two negroes named Penn and Hazleton were lynched last night. The men ware accused of arson and had been arrested by the sheriff and pesse. A masted mob overpowered the officers, and disappeared with the prisoners Into the woods. Nothing has been htiard of the negroes since.

jfht. Murder at Keokncfe, Iowa.

Keokuk, Iowa, Oct. 18.—John Harris shot and Instantly killed his son-m-law. George Kebo, xt' midnight. Kebo broke into the house and fired oc Harris. Harris then shot Kebo. Kebo is an escaped convict.

fj' Count Tolntol

Ik

p»s roDilr 111

Berlin, Oct. 18.—The Lokal Anzeiger says that Coofti^Lyoff Tolstoi, the Russian author *nd so&Ml reformer, is suffering from an 111agss w&ch wi:i necessitate tbe performance of seriiitt operation.

At 2 O'CtOCK THIS MORNING TtiE X.UETGERT JURY WA3 UNDECIDED.

All Sorts of Ramon Are Afloat as to the Final Determination of This Celebrated Case.

CONVICTION OR ACQUITTAL? IS ASKED.

VINCENT 18 DISPLEASED WITH THE COCBT'S RULINGS.

Mob of Luetgert's Friends' Compels Calling Ont an Extra Police Force.

Chicago, Oct. 18.—The fate of Adolph L.

Luetgort, accused of murdering his wif« and

dissolving her body in a vat filled with

caustic potash, is now in the hands of the

jury. Judge- Tuthill finished his charge to

the jury at 4:45 p. m., and five minutes la^er

the jury filed out and was locked in the jury-

im. Supper was sent into them a short

time later, and after it had been disposed of

they set earnestly to work on the evidence.

Judge Tuthill took up quarters near the

Criminal Court building in order to be with­

in easy call. At midnight rumors of ten to

two for conviction and later of ten to two

for acquittal floated around, but there was

nothing in either story. The attorneys on

both sides were confident of a verdict favor­

able to their side, while the opinion of the

public was turning towards a disagreement.

The ninth week of the famous murder trial

opened this morning, with the greatest crush

yet seen at the Criminal Court building. It

was known that today would be the closing

day of th9 great trial, and that States At­

torney Deneen would make a speech. Thou­

sands of persons formed in line before the

Criminal Court building as early as 7 o'clock in the morning. To add to the crush of the crowd, eight other courts in the building opened their terms this morning, and the October grand jury began its session. Jurors called to serve upon the grand and petit juries, and hundreds of witnesses in cases in the different courts 'crowded the corridors, and the court bailiffs had much trouble in keeping the throng in order. It was a wild mob, and there were numerous unpleasand collisions between bailiffs and people.

Luetgert came into court smiling, and apparently in a pleasant frame of mind. He shook hands with a number of his friends, and took hij accustomed seat.

THE CLOSING ARGUMENT. State's Attorney Deneen promptly btgan his closing argument. He opened with a defense of several of the leading witnesses for the prosecution. "After four or five days of oratory on the part of Judge Vincent and Attorney Phalen, what have we to,answer?" asked Mr. Deneen In his quick, emphatic style. "Simply ridicule. I shall not waste time answering the assertions of orators who assail the reputation of men of learning, who are recognized authorities upon the subjects upon which they were called to testify. Prof. George B. Dorsey, a Harvard professor, who has charge of a department of the Field Columbian Museum," is referred to contemptuously as a 'bird-stuffer,' and that is all they say in reply to the evidence of one of the most expert osteologists in the country. Professor Bailey, a graduate of Cambridge and a man of brilliant attainments, is dubljed a 'mechanic.' Mrs. Christine Feld, a woman who told how Luetgert had borrowed money from her, and who identified the rings, is designated as 'the woman with the alabaster neck.' Professor Howse is sneerlngly referred to as a 'janitor.' "This is the mode of argument adopted by the defense. Ridicule is usually the weapon of those who have not facts to support their contention. Professor Dorsey did not Come into this case voluntarily. He was summoned by the people of the state of Illinois, and he was one of the best witnesses among the experts. Professor Delafontaine is called an 'owl' by the defense. This mode of attack upon the witnesses for the prosecution partook of billingsgate, in which I shall not indulge."

The state's attorney then proceeded with his argument, promising that it would be brief.

THREE MATTERS OF IMPORTANCE. The state's attorney continued: "There are three matters of vital importance which are deserving of discussion in this great trial. (1) The theory of the soap (2) the evidence of the Schimpke sisters (3) the mysterious woman at Kenosha. I will take these points as my text and may also discuss some collateral matters. The theory that Luetgert desired to scrub his factory in order to sell it to a syndicate has been exploded. If it were true, why should he desire to make soap at night? It has been shown that the sausage factory had not been in operation for several -months. Luetgert was not busy during the day time. Why should he make soap at night? If was shown that the middle vat in the basement was scrubbed the day before. "Hold on, Mr. Deneen, that statement 6 incorrect," interrupted ex-Judge Vincent. "The scrubbing did not dcour the day before Mrs. Luetgert disappeared, but several days before." "Well, we will not discuss that point farther there are other things to consider of mare importance. But I want to say a word right here with the reference to tie police report. The defense has heaped abuse upon Inspector Schaack and the policemen who have for months been connected with this case. They have been called perjurers. Gentlemen, there are 6,000 cases or more tried in this court each year, and police are the prosecuting witnesses in all of them. Were they perjurers all the time? Ridiculous! Diedrich Bicknese has also been abused. He is the original man in this prosecution.

It was his sister who was killed. Filial duty inspired him to avenge her death. He has rested neither day nor ni?nt to -bring the slayer of his sister to justice. Be is deserving of praise and not cruel and dishonest criticism."

Mr. Deneen next devoted his attentian to the bones found in the vet. Professor Dor*ey. Professor Bailey, Professor Hoarse, F)0-

Dally Established 1833.

lessor Delafontaine identified some of ihtsa „"f hones aa human metacarpals, hutu2.11 fcm.irs. human phalanges, human tempjrals." J10 shouted. "What haa the defense done '.'h $ljese bones. Dr. Allport, the ca'rf csroj"'.gist for the defense, said he ooull nji and his,mind waain a mental equiliHrim !, and Dr. Merrill said nothing, D-. Hu/ .said nothing. Dr. Riese said ooih':i r. an«l.

In fact, the identification of the experts of the prosecution was rot dispu.^«l recent by the unsupported ridicule of counsel for tha defense, and I think ex-Judge Vincent stepped below his digni-y when he h^ap^-l abuso upon Professor Dorsey, and tbe latter haa been sent to South America and Alaska to procure the bones of extinct races for the

Pield Columbian Museum. He was selected because he knew bones, their txturo and to what family they belonged." "But I dc not care to discuss the experts further. I am through with them all but the bones—that barrel of bones will not get out of this case. I mean the one the defense brought in here,' and William Charles Luetgert's partner, perjured himself to get that barrel in. Now we will keep it in, and Charles ought to be indicted for trying to cover up crime with crime. "Gentlemen, there is absolutely no doubt in this case. Luetgert killed his wi*e. All this talk and contention that the woman left her home while suffering from an attack of Insanity is the veriect bosh, cunningly devised and supported by perjured testimony. Mary Siemmeriug—ah, there is the keynote. She is the woman for love of whom one of the darkest deeds in criminal history was done. She perjured herself and cast a blot upon her soul 011 the witness stand in this court. She has been impeached and her evidence destroyed, but she stands today as a living example of the desperate methods employed in the defense of this man.

LUETGERT BECOMES NERVOUS. The states attorney criticised Mary Sie.nmering in cutting tones. He also paid his respects further to William Charles, and! closed with a glowing tribute to the memory of Mrs. Luetgert, whose last days on earth, he said, were fraught with sorrow and anguish. His speech was logical, forceful and powerful.

Toward ihe close of it Luetgert was notlceably nervous. He turned uneasily in his chair,.and a tremor shook his giant frames His black hair, combed pompadour, trem-' bled perceptibli^"and was the subject of comment in the crowded court room. Tha members of the jury paid the closest attention to the eloquent speech of the young states attorney, and the vast crowd thac packed the court ro6m listened with breathless attention. Outside in the corridors. could occasionally be heard the loud arguments of people who held passes, but who were not allowed in by the bailiffs because the court room was packed to suffocation.

DENEEN'S CLOSING ARGUMENT. State's Attoreny Deneen continued to discuss the evidence for two and a half hours, His voice grew stronger as he proceeded. Just before the hands on the dial of the court room clock indicated the hcur of 4 State's Attorney Deneen rested his elbow on the rail before the jurors. Running his eyehfy along each of the twelve ir.e,n he said:^"Gentlemen, it has been said that Assistant State's Attorney McEwen did not ask the infliction of the death penalty. That is true. I do not think it is usually within the prov--ince of a state's attorney to ask a jury to return such a verdict. But this crime is so heinous, so cruel, so wanton that I teel perfectly justified in asking at your hands the extreme penatty of the law in the case of Adolph L. Luetgert."

A buzz of comment ran through the court room as the state's attorney finished his ad» dress and was congratulated by a few friendso who sat near him. The judge granted ahjj impromptu recess and the jury left the$ room, )j 1

Luetgert got' Up and went oul also _for drink of water. When h0, returned pass-' ing{ iCaptain Schaack, "wko was laanin&jp against a pillar, inside the circle, he cast!?* upon him a look which cbmjbined malioe, scorn and disgust in unspeakable quantities. This expression changed quickly to a sardonic grin which rested on the sausage maker's countenance until he took his seat. Schaack took the glare without moving a muscle.

JUDGE TUTHILL'S CHARGE. In ten minutes the jury had returned and court was again in order. Judge Tuthill swung around in his chair until he facet) /he jury and deleberately picking up hi3 notes on the charge he began their reading. "Before a conviction can be had in this case the state must prove beyond a reasonable doubt and to a moral certainty, flrsi. that Louisa Luetgert is dead second, that sha came to her death on the 1st of May, 1807, in the county of Cook, state of Illinois third,, that Adolph L. Luetgert. the defendant, willfully, maliciously, feloniously and of malice afore thought, killed and murdered the said Louisa Luetgert by some of the various means charged in 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 material allegation) in the indictment, aad unless that has been done the jury should find the defendant not guilty. It is not incumbent upon the defendant to prove that Louisa LuetgerL alive, or her whereabouts, or what became V, of her. If it is possible for you to reconcile the facts in this case upon any reasonable theory consistent with the innocence of tho defendant, it is your duty to do so and find •him not guilty. "You are instructed as a matter of law that if you believe from the evidence beyond a reasonable doubt that the defendant assaulted and killed Louisa Luetgert as charged, under circumstances showing no considerable provocation, but showing ad abandoned and malignant part on the pert of the defendant and a total disregard of human life, then the law pronounces such killing to be murder and a jury must so find it matters not that such evidence is circumstantial, or made up from facts and circumstances pointing! to the defendant's j§ guilt, have been proved so that from a consideration of all the evidence ia the pass, there is no reasonable doubt in* tne ftiitjd of the jury as to the gtjilt of the! defendant. Direct and positive testimony is not necessary to prove the intent. It may be inferred from facts and circumstanccs shown by the evidence! "No m&n may be convicted of a crime until what if. known as the corpus delicti ft:* been established by the prosecution, and unless you are convinced by the evidence in this case beyond a reasonoole doubt ih#t Louisa Luetgert died at tne time charge"! in the indictment, and also that she carao to her death in manner and form as charsod in the indictment, in such case it is your duty to acquit the defendant. To prove rba corpus delicti the state is required to pnduce only such legal evidence as establishes in the minds of the jury beyond a reasonable doubt, a conviction that the murder charged in the indictment has been, in fact, committed in manner and form as charged and that the defendant is guilty of its commission and it matters not that the proot of sucb corpus delicti consists in whole or

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