The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-17

l'ulhlh. CtIlFulNtI lNs--lANuu Nf'l-No"s
alias Fred Nelman, was indicted today by
The county court grand Jury for the crime
Of murder In the first degree in fatally /
shooting President William Mckinley at
the Temple of Music. in the Pan-Amcrican !
exposition grounds at 40 p. m. Septem (
her g.
When arruigned before Judge Emory In
the county court the prisoner stubbornly re (
fused to answer questions repeatedly asked (
Of him by District Attorney Penny as to
whether lie had counsel or wanted counsel .
The district attorney then suggested That /
lI.asmuch us the defendant refused 10 an
swer counsel should he assigned Judge
Emory assigned Hon. Lorain l.. Lewis and
Hon Robert G. Titus. former supreme
court justices Of this city. whose names
had been suggested by the erie county Bar
association. Czolgo~z probably Will be arr
ruigued again tomorrow morning to plead
to the indictment
District Attorney Penny presented evil
dence In the murder case TO the grand
jury aside from the surgeons and ply
sicans in the case now no witnesses were
sworn other than those Who were in the
Temple of Music ana witnessed the shoot
ing The complete list Of witnesses in the
order In which they appeared to testify Is
as follows:
DR.. Herman Myntcr, Dr. II. r. Gaylord,
Or. H. G. Hutzinger, Or. NJ. u. Mann,
Secret Service Detective Gallagher James
L. Quickcnbush, Attorney Louis l.. Bah
cock. Harry lIrshtw Captain DHmcr ana
/ Patrolman Nlerkcl %. the opposition ground
/ guards. Corporal Louis Bcrtschey ana frl-
Yates Nen O'Bncn Fennenhaugh and
! Brooks of the Scyoutv-third United states
coast artillery. f.. G. Knapp, Mrs. Van
denbcrg Davis John Brauch, colored por-
teg: captain Valley, chief of the eNposi-
ton detectives; Superintendent Bull ana
Assistant Superintendent p. V. Cousack OF
the Lacui police department. FRED LeiglIer'
CHARLES J Close, exposition guards Wcs'er-
fielder and James. and Detectives Gary and
solomon of this city.
- 4:1j o'clock this afternoon, just eN'
octly ten days after the shooting. the grand
iury voted unanimously to indiet CzolsoSz
for murder In the first degree.
At 4.41 the secret indictment was pre-
scented to Judge Emory in the county court
Thcp eusupd walt OF an hour but the
runlor that the murderer was to be ar
ral.,ued spread and In short um' inc
court room was crowded. Great secrecy
was maintained MS to the place of conhne
mont of the prisoner, but 1t Is believed
thar lac was locked up In the temporary
i,n ot the Erie county penitcntiary where
prisoners have been kept while the 'ai
has been undergoing repairs
After the Indictment was reported The
/. prisonc- was driven from the penltentiafN
f mile from the city hall, to the Jail aer"s'
the street from the hall. Czolgnsz was theI
t taken under strong guard from the lal
. through the tunnel under Delaware avenu
70 the basement of the city hall ana NJ
! the stairs to the court room on the secon'
!. rror. The prisoner was shackeled TO
detective and another detective held ~
other arm: Assistant Superintendent Gus
sick marched in front and number o
natrolmcn behind. When the prisoner wa
: taken before the bench tne crowd in III
court room surged about him on all sides
- Tnov were compelled TO resume thel
D.. seats.
! Czolgosz is of medium height, Of fairl
good build and has light curly hair, but
len DAYS growth Of beard on his face CAV
e him an unkempt appearance. Apparently h
e feigned insanity. not stupidity, ana ii
glance roamed around, but his eyes *eT
always downcast. Not once did he loo
the county prosecutor or judge in III
\. face. -
! "czoleosz. have You got lawyer? d
Won wish a lawyer? You have been II
acted for murder in the first degree d
> Won want the lawyers to defend you
n Czorosz. look at me- and answer
.n District Attorney Penny fred these que
t,ons Al he prisoner. his voice rising wit
e,cb succeeding question but Czolsos
subbornly refused TO answer. The distri'
'r attorney respectfully suggested that coui
y seI be assigned to defend the prisoner an
70 ascertain what he had better do as TO h
nlea as TO the Indictment before arraig
= ment
Judge Emory then asked the prison'
y before the bar II he had counsel but the
2 was no answer. despite the fact that Il
q peace officers told him the judge WI
Speaking and that he must answer III
9 conrt said: "Czoleosz you have appear'
3 for arraIgnment In the court7without cou
3 col the law makes II the duty OF Il
= court 10 assign counsel The uar associ
= lion Of our county has considered the ma
. tor and suggested the names Of certa
z gentlemen Of high character for such q
3 slgnment. The court has seriously consi
9 cred tro question and after much consi
z Grafton has concluded 10 follow the su
9 sestion made by the association. i
court therefore assigns Hon. Lorain
2 Lewis and Hon Robert c. Titus as 20
3 counsel"
Judge Emory directed the Officers
notify the attorneys and remove I
prisoner
u,ho started out OF the court room wi
MIN. The crowd surged after them, b
2 found the exit barred by policemen. o
z sIde the court room door the prisoner