The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1901-10-02
INDICTMENT OF CzOLGOSz
Prisoner Refused Absolutely to An
swer Questions.
ASSASSIN DECLINED TO PLEAD

Former Justices Loran L. Lewis and
Robert c. Titus to Act For the Pris-
oner, Who Feigned Insanity.
Buffalo, N. Y.-Leon F. Czolgosz,
alias Fred Niemann, was indicted
Monday afternoon by the County
Court Grand Jury for the crime or
murder in the first degree in fatally
shooting President William McKin-
ley at the Temple Of Music in the
Pan-American Exposition grounds at
4.15 o'clock on the afternoon Of Sep
tember 6.
When arraigned before Judge Ed
ward X. Emery in the County Court
at 5.36 o'clock the prisoner stubborn
ly refused to answer questions repeat
edly asked of him by District Attor-
ney Penney as to whether he had
counsel or wanted counsel. The Dis.
trict Attorney then suggested that, in
asmuch as the defendant refused to
answer, counsel should be assigned.
Judge Emery assigned the Hon. Lo-
ran L. Lewis and the Hon. Robert 9.
Titus, former Supreme Court Justices
of this city, whose names had been
suggested by the Erie County Bar AS
sociation.
District Attorney Penney presented
the evidence in the murder case to
the Grand Jury from 10 o'clock in the
morning until few minutes past a
o'clock in the afternoon.
Aside from the surgeons and physl'
clans in the case, no witnesses were
sworn other than those who were in
the Temple of Music and witnessed
the shooting.
At 4.15 o'clock. just exactly ten days
after the shooting, the Grand jury
voted unanimously to indict Czolgosz
for murder in the first degree. At AL
o'clock the secret indictment was pre-
sented to Judge Emery, in the County
Court.
After the indictment was reported,
the prisoner was driven from the peni'
tentiary, a mile from the City Hall, to
the Jail across the street from the
hall. Czolgosz was then taken under a
strong guard from the Jail through
the tunnel under Delaware avenue to
tile basement of the City Hall and up
the stairs to the courtroom on the
second floor.
The prisoner was shackled to De
tective Solomon and Detective Geary
held his other arm, Assistant Super
intendent Cusacl marching In front
and q number of patrolmen behind.
Czolgosz is Of medium height, OF
fairly good build. and has light curly
hair, but q ten days growth of beard
on his face gave him an unkempt ap-
pearance. Apparently he feigned in
sanity, not stupidity. and his glances
roamed about, but his eyes were al
ways downcast. Not once did he look
the county prosecutor OIL the judge in
the face.
"Czolgosz, have you got lawyer!
Do you wish q lawyer? You have
been indicted for murder in the first
degree, do you want q lawyer to de-
fend you? Czolgosz, look at me and
answer"
District Attorney Penney fred these
questions at the prisoner, his voice ris-
ing with each succeeding question, but
Czolgosz stubbornly refused to answer.
Judge Emery then asked the prisoner
before the bar if he had counsel, but
there was no answer, despite the fact
that the police officers told him the
Judge was speaking and that he must
answer.
The Court then said: "CZoigosz,
you having appeared for arraignment
in the Court, without counsel, the law
makes it the duty Of the Court to
assign counsel. The Bar Association
of our county has considered the mat
ter and suggested the names of cer-
tain gentlemen of high character for
such assignment. The Court has
seriously considered the question. and
after such consideration has concluded
to follow the suggestions made by
the association. The Court, therefore,
assigns the Hon. Loran j.. Lewis and
the Hon. Robert G. Titus as your
counsel"
Judge Emery directed the officers
to notify the attorneys and remove
the prisoner.
Czolgosz was handcuffed to the de-
tectives. Outside the courtroom door
the prisoner was surrounded by twelve
policemen with clubs drawn. The
prisoner was hurried down stairs and
into the basement, whence he was
taken through the tunnel to the jail
across Delaware avenue.