The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-25
JURORS OUT BUT A MINUTES
VERDICT BROUGHT IN AND PASSING
OF SENTENCE POSTPONED.
scant Irterest shown by the Defend
ant-I.ncidents of the Day and
Testimony I'm Detail.

BUFFALO n. Y, Sept. 24.-Leon F.
Czolgocz.s alias Fred Nieman, was found
guilty Of murder in the first degree by a
jury in Part of the Supreme Court, in
having. on the 9th day of September. shot
President William Mckinley, the wounds
inflicted afterwards resulting in the death
OF the President.
The wheels of justice moved swiftly. The
trial Of Che assassin consumed eight hours
and tweI,ty-six minutes, and covered pc
riod OF only two days. Practically all Of
this tims was occupied by the prosecu-
tion in presenting case so clear, so con-
elusive. that even had the prisoner en-
tered the plea of insanity it is doubtful if
the jury would have returned verdict diff
ferent from the given to-day.
The announcement made this afternoon
by the attorneys for Czolgocz that the
eminent alienists summoned by the Erie
County Bar Association and by the dis
trict attorney to examine Czolgocz and to
determine his exact mental condition had
declared him TO be perfectly sane de
stroyed the only stage of defense that
Judges Lewis and Titus could have put to-
gether
Before adjournment Justice White an
nounced that he would pronounce sentence
upon the defendant on Thursday after
noon at o'clock. The prisoner was taken
at once through the tunnel. under Della
ware avenue. back TO the Jail. To all ap-
pearances ne was in no way affected by
the result of the trial.
The crowd gathered at City Hall to-day
was the. largest which has seen him since
his arratgnment People were lined up on
both sides of the big rotunda on the second
floor, where court convened, and fringed
the staivs leading from the floor above.
There was no demonstration except that of
curiosity. A large number of women wit
messed to-days proceedings
At 2:44 o'clock this afternoon District At
torney Penney abruptly announced that the
case OF the prosecution was ended. Judge
Lewis arose slowly and. addressing the
court. said that the sudden close of the case
against CzolgOcz was a surprise to him and
his colleague They had no witness to call
for the defense. lie asked the court that
he be allowed 10 address the jury at once
The court assented and the venerable jurst
began an address that will long be remem-
bered by those who heard il.
JUDGE LEwIS'S ADDRESS.
Judge Lewis said: Gentlemen of the
jury-A calamity has fallen upon this Ma
bAOh bhAohsh the act VI lliS H-dn, pQG the
question is whether his act Was the act OF
an insane man If an insane man. it is not
murder and he should be equitted of that
charge. lie would then, of course be trans
ferred TO asylum.
Much discussion has occurred in our
midst and has been called TO my attention
to the propriety of any defense being
interposed in this case. Many letters nave
been received by me since 1 was assigue d
with my associate to defend this man. oues-
tioning the propriety OF "A defense being at
tempted. You, gentlemen, know, perhaps.
how Judge Titus and myself came into this
case The position was not sought by as.
but We appear here in performance Of a
duty which we thought devolvad upon Us.
Notwithstanding il was an exceedingly dis
agreeable one.
His Honor. the judge who presides at
this trial justice of the Supreme Court.
Is here because the law makes it his duty
10 sit and preside at this trial
Our very distinguished and able district
attorney has prosecuted this action be-
cause the law makes il his duty to do SO.
You, gentlemen. are sitting there because
you were commanded 10 appear here, and
under oSY- ystem of Jurisprudence it was
your d. 10 sit here, hear the testimony
In this ase and perform the duty OF de-
termining whether this man is TO be exc
cuted oT.tO be set free.
The defendant counsel appear here be-
cause. under our system of Jurisprudence,
no man can be placed on trial for the high
crime of murder. the penalty of which. un-
der the law Is death. without he has the
assistance Of coursel. The court has the
power 10 designate counsel. and IL is the
duty OF the counsel thus designated TO ap-
pear in the case. unless they can make
some reasonable excuse and succeed I'm be-
ing relieved OF the duty.
Gentlemen. when they become members
OF the legal profession. become members
OF the court. They are compelled II as
signed. 20 defend a criminal or rather the
one who is charged with a crime They
are compelled 20 respond and accept the
duty unless they can present some roa-
Eonable excuse. and II they refuse 10 per
form that duty they are guilty OF mis-
demeanor and are liable TO punishment by
the court.
DUTY IMPELLED THEM
so you see. gentlemen. II any simple
minded. thoushtless person should enter