The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-20
BROUGHT BEFORE THE COURT HE
AGAIN REFUSES TO SPEAK.
PLEA OF NOT GUILTY ENTERED
For Him by His Assigned Counsel.
Kissed by the Surgin2 Crowd as He
Is Taken to and From the Court
Room-He Refuses TO Speak TO His
Counsel When Visited in Jail-Case
to be Moved to the Supreme Court for
Trial Next Monday.

u
Edward K. Emory. IL: the county court
at 3 o'clock this afternoon on the indict-
ment for murder in the first degree in
fatally shooting the president in the
Temple of Music at the Pan-American
exposition on September the 9Th
Again the stubborn prisoner refused
to plead or even to utter i word or
sound and the Hon. Lorain l. Lewis.
ex-supreme court Justice. entered plea
of not guilty. The accused Will be
tried in the supreme court next Mon
day morning.
Crowds flocked to the city nau TODAY
10 see the prisoner. ut the uncertainty
surrounding the question as 10 whether
or not counsel could be secured for
MIN, saved congestion of the court room
and corridors of the hall
The most notable incident of the day
was the Kissing of the prisoner by the
croWdS who surged around him as he
was being escorted down the stairs still
draped in mourning garb. The strong
guard OF patrolmen and deputy Sheriffs
had been disposed Off so that the peo-
pie We're able to get nearer to him as
ne passed to and FROM the court room
AS result OF the urging OF President
AdeIDert Moot, of the Erie county Bar
Association, Judge Lewis. one of the
attorneys assigned as counsel by Judge
Emory yesterday, called at the Erie
county Jail at O'Clock this afternoon
to see the prisoner. CzolgoSz refused
to talk to Judge Lewis and refused to
answer questions as to whether or not
he wanted any counsel Judge Lewis
said that. nevertheless. he appeared for
the prisoner upon arraignment even if
he decided not to accept the assignment
of the court
Absolutely no demonstration having
Deen made against the prisoner yeSter-
day, the authorities decided that the
strong guard was unnecessary today
and Czolgosz was taken from the Jail
through the tunnel under Delaware
avenue to the city hall by Detectives
Solomon and Geary. being handcuffed
to the latter
In passing from the basement of the
city hall to the court room on the
second floor, Czolgosz was compelled to
pass close to the black and white
bunting with which the pillars ceilings
windows and stairways of the city han
were draped when the body of the presi-
dent was lying in state on Sunday
which garb will not be removed until
after the burial on Thursday. These
evidences of the city's grief apparently
made not the slightest impression on
the prisoner and he gave no more heed
to them or the large portraits of the
pTeSlUeHI uTGpSC WITH American
flags than he did to the questions Of
the court or district attorney.
The prisoner entered the court room
just as the city hall clock was striking
8 O'Clock, and as many OF the curious
spectato surged into the court room
behind him. 4 murmur ran through
the audience but the gavel of the judge
and the tipStaff of the crier soon reStor-
ed order.
AS soon as CzolgoSz was before the
bar and the handouts were removed
District Attorney Penny began the for
NAL arraignment. He read the princi-
pal charges of the indictment in a voice
of severity and asked:
How do yo2 plead, guilty or not
guilty?"
Not a sound was uttered by the
prisoner. He stood mute before the
bar of justice, apparently continuing
his feint of insanity which was noticed
for the first time when he was taken
into court yesterday afternoon. His
curly hair was disheveled and al
though his linen was white and clean,
his disordered clothes and the growth
Of his beard gave him an unkempt ap-
pearance. Spectators in the court room
commented on the fact that if he was
shaved, which he has not had since the
day of the shooting, he would be a
fairly good looking young man. AL
though his demeanor was still of stub
bornneSs he gave little more evidence
of concern than upon his first presence
in court. When questions were being
- asked of him rapidly, he moiStened his
: lips with the tongue and seemed to be
endeaYoring to maintain the appear
ance of stolid Indifference.
When the prisoner refused to plead,
the district attorney asked him if he
understood what had been read, and
receiving no answer, told him that he
dow ira T1,E.
first degree and that he could answer
eyes," or mo" For an instant Czol-
gosz glanced at Mr.. Penny and 1t was
thought he intended to speak, but ne
did not.
Judge Lewis then addressed the court
at length saying that he had called
upon the defendant, but had been una
BILE to ascertain any wish on the de-
fendant's part as to the employment
of counsel. He said that his associate,
Judge Titus, was in Milwaukee, but
that he appeared Informally to enter
plea of not guilty on behalf OF the de-
fendant as the law required such
plea under the circumstances. He ask
ed permission TO reserve the right to
withdraw the plea and enter a special
plea or interpoSe demurrer, If after
consulting with Judge Titus they
should decide not to ask the court to
assign other counsel.
Inc judge expressed MS TeSTeI IHdl
his name had been mentioned in con-
nection with this trial as he had been
out of practice for some considerable
time and had q very strong repugnsnce
to appearing, although that was rea-
son which would Apply to every law
yer.
District Attorney Penny gave notice
that he would move to have the indict-
ment transferred to the supreme court