The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-24

Buffalo. n. Y, September 21.-For-
ner Justices Lorain L. Lewis and
Eobert c. Titus, today accepted their
assignment as counsel to defend Leon
F. 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
b. ready for trial next Monday morn
irg when District Attorney Penny
moves the case for trial in Part III of
the supreme court, whence it was
transferred today by order Of Judge
Edward K. Emory in the county court,
who also appointed Carlton E. Ladd,
law partner of Judge Titus, to assist
in the defense.
Although both attorneys tentatively
accepted the assignment a few days
ago, no definite announcement was
made until today. Judge Titus con-
ferred with Judge Lewis in the lat
ter's office for a half hour this morn
ing, after which Judge Titus an
nounced that they had decided to con-
duct the defence Of the prisopA-
Neither Judge Lewis nor Judge IT,
tus 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 de-
sired to see and talk with them. How
ever, they said. if the prisoner con-
tinued his stubborn refusal to talk to
| his counsel, it would not make any
difference in regard to preparing his
Defense
The attorneys have not, as yet, de-
| cided whether or not to request the
| court to appoint alienists to examine
into the mental condition of the pris
oner, but stated that if such actor
was desired it would not delay th'
| trial. as such examination could b,
had during the progress of the people,
case.
Immediately after the conference
| attorney at the city hall and conferre,
with him for twenty minutes, afte
which Mr.. Penny accompanied then
into the county court.
Judge Lewis addressed Judge Emo
ry, stating that he and Judge Titu
had decided not to be asked to be ex
cused, although they accepted agains
their wishes: but that they did not Sc
their way clear to shirk their duty
He said that there was a great deal c
work to be done in the case whic
neither he nor Judge Titus should b
compelled to perform. He urged tha
younger lawyer be assigned to as
sist them and suggested Attorne
Carlton E. Ladd, who Judge Levi
said was formerly clerk in his office
District Attorney Penny has motto
ed the case for trial in Part III Of tn
supreme court at 10 o'clock next Mon
day morning. Witnesses have bee
subpoenaed and all arrangement
made to proceed with the trial at tha
time. Justice Truman c. White
scheduled to preside over that term {
court and will do so unless Justic
Childs the senior justice Of the jud
cial district, should be asked by til
other justices to preside, which is nc
at all probable.
Counsel for the defense today state
that they would not delay the trial VI
necessarily in securing jury and the
all they would insist upon would /
that the jury be composed of substal
tial men, who, though they have opir
ions, would give the prisoner a ia
and impartial trial upon the evidenc
At $3.50 Czolgosz was brought frol
the Jail to the private office OF Di:
trict Attorney Penny, where his cour
sci, Justices Lewis and Titus, wei
awaiting him.