Close Of The Defense

Chicago, Oct. 5.- The defense in the Luetgert murder trial carne to a sudden termination in Judge Tuthill's court at 10:30 o'cloek Tuesday morning. At that hour the attorneys for Luetgert announced that the defense had no more testimony to place before the jury. Attorney Phelan immediately followed this announcement with a motion to take the case away from the jury on the ground that the prosecution had failed to prove a corpus delicti, and had consequently not rr.ade out a case against the prisoner. Judge Tuthill at once overruled the motion. The court was then adjourned until the next day to give the state time to prepare for its rebuttal testimonj Just after court convened Attorneys Phalen and Vincent, Arnold Luetgert, and the prisoner held a secret conference in an anteroom. It was decided that Luetgert should not testify in his own behalf, ar.d the announcement caused general disappointment. Tinged witli Seiisatlonalism. The testimony of the morning was in a measure tinged with sensationalism - tinged by its very nature and not by the marmer of its delivery. Mrs. William Charles,, wife of Luetgert's business partner and friend, took the stand. In support of the ;nsanity plea, the pale little woman told of conversations with Mrs. Luetgert in which the latter bemoaned the breaking up of her husband's business. " 'I am going away,' She told me on the Saturday night that she disappeared. She was always talking about going away." The rings carne next. They alone haj remained with the identification of the state dinging to them. "What kir.d of rings did Mrs. Luetgert wear?" asked Mr. Phalen, bending' far over to catch the whispered words of the low-voiced witness. "She wore two gold rings very much alike," carne the answer in clear, high tones, and Mrs. Charles looked at the twelve men in the jury box to catch the effect of her words, for the contention of the state has been that the rings varied in size, one being a broad wedding ring and the other a narrow guard rins. Rings in the Pliotograph. A photograph was shown to the court after the witness had examined it. It was anenlarged photograph of the misging woman. Two rings were visible on her hands, which were crossed on her lap. In the picture they appeared to be of the same size. Mr. Phalen pieked up the alleged wedding ring, held it up to the light and then placed it in Mis. Charles' hands. "Did Mrs. Luetgert wear a ring like this?".he askeJ. Again the woman returned her answer so clearly that it could be heard all over the court room. "She did not." And Mr. Phalen sank into his seat, while Mr. Deneen arose to conduct thecross-examination. Itproved little more satisfactory than that which was shot at her husband. The state's attorney confined himself in an attempt to break down the witness' assertions concerning the last conversation with Mrs. Luetgert, but the pale little woman, dressed in black and looking timid, left the stand unshaken. The first witness of the morning was Foreman Cox of the weather bureau. He carried a book of records and looked confldent and proud, being an expert on a subject that nobody could contradict. Cloiuly All Day and Niglit. "Cloudy all day and night," said he, referring to his book and the memorable Saturday night when Mrs. Luetgert disappeared, in the same breath. This statement was directed at the statements of the Shimpke girls, whoclaimeil to have seen the sausage maker and his wife enter the factury Saturday night at 10 o'clock. Dr. C. H. Miller followed and t.old of the weather Sept. 11, when he and a party of friends had taken a position in front of the Shimpke residence to see if people walking near the factory were visible. He saw half a dozen people till the darkness concealed them after passing the alley near the sausage factory. Fred Mueller, a nephew of Mrs. Luetgert, declared that his aunt had glven him a wateh and chain. On cross-examination Deneen wanted to know of the conversation held at that time, but objeetions cut it off. An attaché of the state's attorney's office says that th.? state looks for an acquittal, not even hoping for a disagreement of the jury.