The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-09-24

hes I they could with a hopeless ana heipiecr
case.
TIM TRIAL OPENS.
n a.. Gas, "a, ni.,,c,. a,,orpev.
D I". g. az court, "
nay 10 Ja,i,a g. a,,aig, tie
mr. renney urer1 pTnssta. q,
Rnscnef. ton y ,noisnsh liutlns ~,
t1e aser.I Iao,so'1 -. !, a.. Art
9icteu on nv 1872 81 Ia 80 Sen.
800, -, az ys.y in ,bat YOU unlaw-
t,,i, hul,d ore Wii,an Mckinley, con
trarv 10 Law, How do YOU plead
Mr.. LewiE.-If the Court pleas, We de-
slre-
By the Cour - think tho prisoner was
about Ia spsak. CzolRo-z. did you under,
stand what the District Attorney said
u your
Czolzoez I didn't hear ~.
Mr. PENNEY are Indicted ara
charred with having committed the crime
Of murder In the first degr-- " u al~seo
that you on the 9Th day of Septemhrr OF
this year ~unlawfully shot ana kuhh Wu4lan
Mckinley contrary TO law. How 40 you
pleadp
The sssassdn's voice was ~ low ~,
u WAS scarcely audible. He spoke win
an effort.
Guilty said tzolgnsz
BY the a. Tina plea canno'
accepted In this court The Clerk W"
enter n plea OF not guilty and We VIII pro-
cced with the trial
Mr.. Penney This Defendant appNhi'u
In the County Court hst week anu AZ I'm,
time Judge Emery assigned a. nus c"ulSr'
the Hon. loran l.. Lewis ana we non
Robert c Titus and hS associate, Mr
Iadd, 70 arena 70 IN" o"~' ~ -
the rights that this man had and 70 Put
In such deief~' a. 10 them th'l "'.uNi
best. They arr here ! Shppo~ W "-ni
70 that In this court ths morning
ask your Honor 10 ootnrin 'hA' asS<n
ment.
PAIR TRIAL ASSURED
.Judge Titus II the Court pleare. II has
been Thought ha~t hy my Distinguished
s.vnciatc and my-elf and INV vuung friend
tLaf eomethine -bonld be -aid. not In the
yav ~ arology. hat AZ n reason why We ara
here In defen~e ~ this defendant Al the
tin. we vere assigned wa out 81 the city,
and neither Of nv a-sDciatea was consulted
shout The assignmeut at fnst declined
sh.nh,t.iy o. take part ia the defeic~ -
de case. lrit sutsrauentk IL was made 20
nnp.ar 20 Judge Lewis ana myself that Il
vas a duty which We owed aihe q our
rrofsrdon, 10 the public and a. the Court
Ia, we sc,Sep, this assig nment. unplea=ant
thousb the tai l. for w. and We therefore
.nnear IN arcnrdance with tha ~ sign
,nept On see that this defendant, N he h
g,iltx IA cony,ct.d only by such evidence
- re law of H.. land requires In Gaze - ~
his chaTactcr and that In the trial 81 this
-. ~. torys ~ Law .hal Ie oL@.rved in
ey.ry particplar. and that no art or no ht
a eyidence shall I've introduced here upon
a. taal - fht. aa4g and nfaRDfsM1 aETlnNt
~ das.Ddsnt unI.rs n Is such as would
10 INTRODUCED and arcept.i uron the trial
a. the meanest crimins in the SMALLEST
case.
By the Court II certainly acoord- WITH
the views Of this Court that g~entb"tn-n nks
yourselves should have been appointed 10y
the County Court 90 defend this prisoner.
II gives "a the public and IN" courts ana
those engaged In the administration Of the
Law absolute assurance that The prisoner
will receive fair treatment during The pro-
gree- Of this trial. and that he viii meet with
such Justice ~ the Law demands IN hs
behalf. a. he IL assured 10y the funda-
mental Law Of the land.
.The plea Of guilty which has been
entered by the prisoner. indicates. az the
Court looks upon II, that he himself an
~ticipates no escape from the penalty which
the Law pr--cribes Here the ASSASSIN
pervously fingered his chair OF cour-s
that plea cannot be accepted. and the prog
res. Of the trial should Re the same. In nv
Judgment, as though he himself had entered
4 plea Of not guilty | am SURF you gentle
men will protect him To the same extent
that you would II YOU were retained for "a
munihcent compensation 10 do the duty
which YOU are undertaking to do now.
some question has been raised and die
cussed In tho public prints nj any rate. as
TO the jurisdiction OF the County Court 70
sppoin' you sen,e sn h,, ~ a, "shomid hs
49, nac.ssa,r apr,oin, and desisnats
SS-'..anna, - ~ az winch Won haye
~ d ssn ~ nsrfopm
hAANiNAlioN w
Mr.. Penney move the trial Of the de-
PENDANT. Leon Y CzolgosZ. your honor.
The examination oil taiesmen as 70 thelr
qualifications TO sit a. Jurors was then
begun. The District Attorney usual ques-
tons TO all were;
do you believe In the present form OF
government In the United State-l
DO you believe Ia capital punishment
IF selected a. a juror IN a capital case
and were convinced of the guilt 81 tho prs
oner, would YOU vote for conviction not
v~ithstanding that the penalty II deathf
do you know Of any reason why you
would not make a fair juror In this case'
The questions Of the assassin's counsel
were directed only To ASCERTAIN II the tales
man had an opinion which could he ~
moved by evidence and " he would vote
for acquit,al II there was a reasonable
doubt OF the defendants guilt.
The first tale-man called was Frederic
v. LAuer, q solid German ~citiz-n, n plumher
by trade. He said he had ten living chill
drcn. He was accepted a. the first juror.
judge Titus, who i- 70 years cid, examined
most OF tho tale~men for the defence, show
ing an activity Of mind and body OF a man
thirty years younger.
1ut yInsT JUROR SWORN.