The Savannah morning news., 1901-09-25
THE ASSASSIN CONVICTED.
Continued from FIRST lPage.)


ten to the formal presentation of the
evidence notwitrs landing the fact that
this man says he does not want it.
Gentlemen, ! have said all l have
to say: | have said more than l ought
to say. You have sworn to give him
a fair trial on the evidence. Now.
what is the evidence? l say as 1t has
been presented to you it fully substan-
tiates the crime charged.
THE duty of counsel on both sides
is ended The court will charge you
briefly. then it will be your duty to
take up the case. No doubt the same
thought, the same object is in all our
minds-that although our beloved coun-
try has lost her greatest man, it still
should maintain the respect of the
whole world. and 1t should be made
known to the whole world that no man
can come here and commit such a
daStardly act and not receive the full
penalty of the law"
Justice White began his charge to
the jury at 1923 p. m. He arose from
ms seat and stepped to the side of the
bench nearest the jury box He said
The Charge of the Court.
Gentlemen of the Jury: In this
case the defendant has acknowledged
ms guilt. Such an acknowledgment in
jury or to the court. The law requires
that the defendant charged with such
a crime must be tried. The law says
that all the facts must be observed
and reviewed by you. The law guaran-
tees that the defendant shall have a
fair trial by twelve men impartial and
fair, capable of taking the testimony
of the trial and give it thorough con-
sideration. If when all the circum-
STANCES q a-4I ~
you there still exists in your minds a
reasonable doubt that the defendant is
guilty you cannot find this man Is
guilty. The people have submitted evi-
dence tending to show that this de-
PENDANT committed this crime they
have given evidence tending to show
that it was premeditated. If you are
satisfied that there was design and
generalization. and If in accordance
with generalization and design, these
shots were fired. then the defendant is
guilty of the crime of murder in the
first degree.
The jurors are bound to sift, COM
pare and examine all the evidence.
and If in their minds there is any doubt
as to the defendants guilt they are
bound to acquit the defendant. If
there is no doubt in your minds then
you are bound to bring in a verdict of
NN'tNANhi0AA- elAli NNly Sldd lHdl up 10
the present stage of this lamentable
affair, so far as the jurors and the
people Of this city are concerned there
has been shown that respect for the
law that is bound to teach a valuable
object lesson. The defendant has been
given every advantage of counsel. /
deplore any Indictment to violence and
the man who is ready to go out ana
commit a crime because some other
man had committed a crime is as
guilty as the latter and his act Just
as reprehensible. 1t is proper that 1
should define the crime of murder in
the first and second degrees and man
slaughter in the first and second de-
grees. If the defendant on Sept did
wrongfully assault, shoot or wound
William Mckinley by means alleged in
the Indictment, and if the act was
committed with premeditated design
and if the act was the sole and ap-
pToximate cause of death, and if the
defendant knew he was doing wrong
at the time, the defendant was guilty
of murder in the first degrees.
If the act was not premeditated he
was guilty of murder in the second
degree. If the shot was fired acct
dentally and without generalization he
is guilty of manslaughter in the first
degree. 1t is not necessary for me 10
discuss the question of granddaughter
in the second degree in this case. -
Justice White commended the Jurors
for the patience during the trial and
ordered them to retire and bring in a
verdict.
Presumed to BE Sane.
Just before they did so, however.
District Attorney Penney requested
the judge to charge the jury that the
law presumes every individual sane
unless proven otherwise and the court
said to them:
THE law presumes the defendant in
this case sane"
Lawyer Titus also asked the court
to charge the jury that if they were
satisfied from the evidence that at the
time OF the committal of the assault,
the defendant was laboring under such
a defect of reason as not to know the
quality of the act or that it was wrong,
he was not responsible and the jury
must acquit.
Il so charge" said the Judge.
Waiting for the Verdict.
The jury retired at 1851 TO consider
the evidence. The scene in the court
room then became dramatic in the ex-
IRENE. Decorum was somewhat for
gotten and the spectators stood up
and many walked about the room and
engaged in conversation. The guards
about the assassin. who still sat in his
seat before the bench, were doubled,
Chief of Detectives Cusack and two of
his men taking positions just back of
Czolgosz's chair. Others took seats to
the left and right and many officers in
citizens dress were seen mingling with
the crowd surging about the room
closely watching every one whose face
was not a familiar one to them. There
was no disposition to crowd about the
prisoner. although the object of every
one seemed to be to get in a position
where he could have a full view of his