Evening star., 1901-09-21
TRIAL OF CZ0LGOSZ
Probable That 1t Will Begin Next
Monday.
COUNSEL AGREE TO DEFEND HIM
They Refuse, However, to Give
Any Outline of Defense.
WITNESSES POEM A E D

RJrFFALO. N Y, September 21.-Former
Justices Loran L. Lewis and Robt. c. Titus
of the supreme court today accepted their
assignment as counsel to defend Leon r.
CzolgosZ indicted for murder in the first
degree In killing President Mckinley. They
do not. at present, know of any reason why
they will not be ready for trial next Mon
day morning when District Attorney Pen
ney moves the case for trial in part III OF
the supreme court. whence 1t was trans
ferred today by order of Judge Edward X
Emory In the county court. who also ap-
pointed Carlton E. Ladd, law partner of
Judge Titus. to assist in the defense.
Although both attorneys tentatively ac-
cepted the assignment a few days ago. no
definite announcement was made until to-
day. Judge Titus conferred with Judge
Lewis in the latter's office for half an hour
this morning. after which Judge Titus an
nounced that they had decided to conduct
the defense Of the prisoner
Would Not Discuss the Case.
Neither Judge Lewis nor Judge Titus
would discuss the subject Of the defense to
be interposed. and both stated that they
had not given the question of insanity any
thought. They said that they would not
seek an interview with the assassin in the
Jail unless they were Informed that he
desired to see and talk with them. How
ever they said If the prisoner continued
his stubborn refusal to talk to his coun-
sci, it would not make any difference IN
regard to preparing his defense. The at
torneys have not, as yet, decided whether
or not to request the court to appoint
alienists to examine into the mental con-
dtion of the prisoner, but stated that IL
such action was desired it would not delay
the trial. as such examination could De
had during the progress OF the people
case. .
Immediately after the conference both
Judges called upon the district attorney at
the city hall and conferred with him 1or
twenty minutes, after which Mr.. Penney
accompanied them into the county court.
Would Do as Requested.
Judge Lewis addressed Judge Emery,
stating that he and Judge Titus had de-
cided not to ask to be excused, although
they accepted against their wishes, but
that they did not see their way clear to
shirk their duty He said that there was a
great deal of work to be done in the case
which neither he nor Judge Titus should be
compelled to perform. He urged that
younger lawyer be assigned to assist them
and suggested Attorney Carlton E. Ladd
who Judge Lewis said, was formerly a
clerk in his office. Mr.. Penney said that he
thought the course was a proper one Judge
Emery asked If it was known whether or
not Mr. Ladd would consent to act. Judge
Lewis replied that Mr.. Ladd was the part
ner of Judge Titus. and that he would ac-
cept the assignment Judge Emery then
granted an order appointing Mr.. Ladd and
also granted the district attorneys motion
for the formal transfer Of the indictment to
the supreme court for trial, as the county
court has no jurisdiction to try murder IN
dctments.
District Attorney Penney has noticed the
case for trial in part III of the su0rem :
court at 10 o'clock next Monday morning.
All the Arrangements Made.
Witnesses have been subpoenaed and all
arrangements made to proceed with the
trial at that time. Justice Truman c..
White is scheduled to preside over that
term of court and wfll do so unless Justice
Childs. the senior justice Of the judicial
district, should be asked by the other JUS
tices to preside, which is not at all prob
able.
Counsel for the defense stated today that
they would not delay the trial unneces-
sarily in securing jury, and that all that
they would insist upon would be that the
jury be composed of substantial men, who,
though they have opinions, would give the
prisoner a fair and impartial trial upon the
evidence