The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-25

IN crowd gathered at the city hail
today was the largest that has seen
him since his arraignment. People were
lined UP on both sides of the big rO-
tunda on the second floor when court
convened and fringed the stairs lead
ing from the floor above. There was no
demonstration except that of curiosity.
a large number of women Witnessed
today's proceedings.
At 2.44 this afternoon District At
torney Penny abruptly announced that
the case Of the prosecution was ended
Judge Lewis arose slowly and address
Ing the Coust said that the sudden clos
ing Of the case against Czolgosz was a
surprise 60 him and his colleague. They
had no witness to call for TIE defense
He asi ed the court that he be allowed
20 address tie jury at once. The court
assented ana the venerable iurist be-
Essr, an address that VIII long be re-
SIB5rea BY thsse who heard It.
Speaks For the Defense.
Judge Lewis said.
Gentlemen of The Jury. A calamity
has fallen upon this ration through
the act of this man. bTl the question is
whether his act WAS the act Of an in
sane man. If an insane man. il IS not
murder and he she uld be acquitted Of
that charge. lie would then. of course,
be transferred to an ASYLUM.
Much discussion has occurred in our
midst and has been called 10 my at
tentiOn as to the propriety OF any de-
Tense being interpOsed in this case.
Many letters have been received by me
since I was assigned with my associate
20 defend this man questioning the pro-
prfety of a defense being attempted.
You, gentlemen. know. perhaps. how
Judge Titus and myself came into this
case Tho position was not sought by
us. but we appear here in performance
of duty which we thought devOlved
upon us. notwithstanding fl was an ex-
ceedingly disagreeable one.
His honor. the Judge. who presides
at this trial. as a justice of the supreme
court, is here because the law makes
81 his duty to sit and preside at this
trial Our very distinguished and able
district attorney has prosecuted this
action because the law makes it his
CCty TO do So You. gentlemen. are sit
ting there because you were command
ed 20 appear here. and under cur sys-
TEN OF Jurisprudence 10 was yolr duty
TO sit here. hear the testimony in this
case and perform the di.ty of deter
mining whether this man is to be exc
Cuted or to be set free
Summoned to Do Duty.
THE defendants counsel appear here
because under our system of iurispru-
dence no man can be placed on trial
for he high crime of murder under the
penalty Of which the law is death
without he has the assistance of co1ln-
sci Ihe court has the power to desig-
nate counsel and II is the duty of the
counsel thus designated TO appear in
the case unless they can make some
relieved of the duty.
Gentlemen. when they become mem
berS or the legal profession they become
1ne.f 1ers OF tbe court. They are COM
PEELED. II assigned, to defend criminals.
or r5lner the one who is charged with
crime They are compelled to re-
spOnd and accept the duty unless they
can present some reasonable excuse
and If they refuse to perform that duty
they ere guilty Of a uisder,eanoy- a,,d
are liable To punishment by the court.
50 you sec. gentlemen. II any sim
ple-fninaed. thoI1ghtiess person should
entertain the notion for a Minute fbat
the Sounjel who appear in this case are
DONG something which thew ought NOT
20 do that person is laboring under =
very serious misapprehension as TO the
duties devolving upon a LAWYER -Tbe
ueiendant, no matter how serio,,s =
crime ne mas committed. is entitled nm
Ger our laws TO the benefit of a r-s.,l
IN the case Of murder he must bavo a
trial. must nave
Plea of Guilty Not Allowed.
You sat here and listened n the do
fendants plea Of guilty when he ,yse
arralgned at the opening Of this tern,
nut the law of our state win not perr,ff
him TO plead guilty to such crime
IS this The law is So careful of fbC
rights Of its citizens that il will nor
permit a man to Plead guilty OF the
crime OF lurder. so that. even after he
had conceded his guilt in this case. il
was incumbent upon the court TO insist
That the trial should proceed. and that
me people should establish beyond
reasonable doubt that the defepdanf
was guilty Of the crime CHARGED
against him.
mere are IN our country Individu-
ais, not, 1 hope. in very large num-
bers. but we know they are sest fere5
all over the country wiio Think in a
case like ,his. or even ia charges of
much less degree. 10 is entirely Droper
that the case should be disposed az nv
iynch or mob law. we can hardly fsl-s
up paper without we learn that in
some part Of this free and independent
county some man has been murdered
Oh the suspicion or belief that no vas
euiity of some crime. THIS state Of
IL rs does not exist in orr commune
ity, but II does IN some PARTS of our
state, as every Sntelllgent- man knows.